Medlin v. Clyde Sparks Wrecker Service, Inc.

I concur in most of the conclusions reached in the decision by the majority. However, I respectfully dissent under issue (1). as I believe that the district court erred in denying judgment as a matter of law on Medlin’s punitive damages claim.

I do not find that there is clear and convincing evidence by Medlin to show that Clyde Sparks Wrecker Service, Inc. (CSWS) acted recklessly in connection with this very unfortunate accident. As recognized by the parties, we use Tennessee law in this diversity case. Both sides agree that the principal case on punitive damages in Tennessee is Hodges v.…