On Dec. 10, 2010, a FedEx worker who was struck by a tow truck as she was walking in a street recovered $2.6 million. In 2005, Melissa Tinsley was outside her truck when she was hit by Johnathan Ray Nutt, who was driving for TCB Wrecker Service. She sustained a fractured skull, a shattered eye socket and severe brain injuries. She has no memory of the accident but testified that her custom was to go out the passenger side of her truck, look both ways and then safely cross the street. Plaintiff’s counsel argued that Tinsley was off the roadway and was struck from behind while walking along the side of the road. The jury found Tinsley 1 percent negligent and Nutt 99 percent negligent.
Tinsely v. Nutt, No. 2007-29729
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