John William Thomas v. Norma E. Pino-Rutkowski

This is an appeal from a jury verdict in favor of John William Thomas ("Plaintiff") in the amount of $190,095, of which $53,295 was for relocation expenses and increased rent. Plaintiff was injured when he was struck by a vehicle driven by Norma E. Pino-Rutkowski ("Defendant") while Defendant was backing out of a parking space. Due to his poor eyesight, Plaintiff does not have a driver's license and has to walk to work. Plaintiff claimed he was required to move much closer to work because he could no longer walk as far as he could before being injured. Plaintiff sought as part of his damages his relocation expenses and the $300 in his increased monthly rent. Defendant claims on appeal that Plaintiff was required to specifically plead these damages and because he failed to do so, that portion of the jury's verdict cannot stand. Defendant also claims the Trial Court erred when it allowed Plaintiff's granddaughter to testify and when it told the jury that "although the law in Tennessee may require insurance, you are not to consider the presence of insurance in this case." We agree with Defendant, and we vacate the judgment in its entirety and remand for a new trial.