|A. K., a Minor by and Through his Parents,
Guardians, and Next Friends, Timothy Kocher and
Teresa D. Kocher; TIMOTHY KOCHER; TERESA D.
DURHAM SCHOOL SERVICES, L.P.,
| Nos. 18-6008/6020|
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:15-cv-02663—John Thomas Fowlkes, Jr., District Judge.
Argued: August 8, 2019
Decided and Filed: August 11, 2020
Before: CLAY, LARSEN, and READLER, Circuit Judges.
LARSEN, Circuit Judge. This is a tragic case in which a thirteen-year-old boy was
struck by a truck while riding his bicycle to school after he missed his school bus. The boy’s
parents, Timothy and Teresa Kocher (the Kochers), acting on behalf of their son, sued the bus
company, Durham School Services, for negligence. Although a jury found Durham negligent,
the jury also found the Kochers more than 50 percent responsible for the accident. Accordingly,
Tennessee’s comparative negligence law barred the Kochers from recovering. The Kochers
appealed, challenging the district court’s exclusion of evidence and expert testimony. For the
reasons below, we AFFIRM the judgment of the district court and DISMISS Durham’s cross
appeal as moot.