Edward Ronny Arnold v. Deborah Malchow

Nashville, Tennessee personal injury lawyers represented the Plaintiff who sued the Defendant on an auto negligence theory.

On October 23, 2019, Appellant Edward Ronny Arnold and Appellee Deborah Malchow ("Appellee Malchow") were involved in a motor vehicle accident. Following the accident, Appellant filed multiple lawsuits, which have given rise to three appellate decisions: (1) Arnold v. Malchow, No. M2021-00695-COA-R3-CV, 2022 WL 774925 (Tenn. Ct. App. Mar. 15, 2022) ("Arnold I"); (2) Arnold v. Malchow, No. M2022-00907-COA-R3-CV, 2023 WL 5097179 (Tenn. Ct. App. Aug. 9, 2023) ("Arnold II"); and (3) Arnold v. Allstate Ins. Co., No. M2023-00536-COA-R3-CV, 2024 WL 95577 (Tenn. Ct. App. Jan. 9, 2024) ("Arnold III"). In this fourth appeal, we borrow from our previous opinions and, in the interest of judicial economy, discuss only the facts and procedural history necessary to address this appeal.



On December 27, 2019, Appellant filed a complaint for damages in the Davidson County Circuit Court ("trial court") against, inter alia, Appellee Malchow. Arnold I, 2022 WL 774925, at *1. "The complaint alleged that [Appellee] Malchow had injured Appellant through the negligent operation of a motor vehicle[.]" Id. The case was assigned docket number 19C-3007 ("Case No. 19C-3007"). Id. "On October 5, 2020, Appellant initiated a second lawsuit [in the trial court] involving the car accident at issue in Case No. 19C-3007." Id. Appellant named his underinsured/uninsured motorist carrier, Appellee Allstate Insurance Company ("Appellee Allstate"), as the sole defendant. Id. As discussed in Arnold I,



Appellant set out as his "first cause of action" "negligent operation of a motor vehicle by uninsured motorist." Appellant then set forth four "cause[es] of action against insurance company," including breach of contract, breach of the implied duty of good faith and fair dealing, and two claims of tortious breach of the implied duty of good faith and fair dealing. This complaint against [Appellee] Allstate was assigned docket number 20C-2199. ("Case No. 20C-2199").



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Arnold v. Malchow, M2024-00314-COA-T10B-CV (Tenn. App. Mar 13, 2024)

For the foregoing reasons, we dismiss the appeal. Costs of the appeal are assessed to the Appellant, Edward Ronny Arnold, for all of which execution may issue if necessary.