Tennessee Injury Law Center

Golf Carts on Public Streets Not Only Illegal But Unsafe

John Day — Sat, 12 May 2012 05:20:38 -0600

Two recent tragedies in Middle Tennessee remind us that golf carts have no place on public streets.

One fifteen year old boy was killed (and several other youths hurt) in one incident and three girls were hurt in a separate incident.

People use golf carts to get around neighborhoods, using public streets to do so. They assume that the golf carts are safe because they operate at relatively low speeds.

But some golf carts operate at speeds of 20 miles per hour or more. In addition, some carts have a relatively high center of gravity, increasing the likehood of a roll-over in the event of a sharp turn. Finally, because golf carts have no seat belts and no real front or side impact protection, a collision with another vehicle or a fixed object will probably result in serious harm

It is illegal to operate golf carts on public streets. There are certain types of carts that are street legal, but they must be registered and equipped with certain safety protections.

These laws exist for a reason - the safety of the public. Golf carts belong on golf courses and should be operated by those mature enough to operate them safely. They do not belong on public streets.

Jury Trials in Nashville, Tennessee Circuit Court in March 2012

John Day — Wed, 09 May 2012 18:17:20 -0600

There was a relatively large number of jury trials in the Circuit Court for Davidson County (Nashville), Tennessee in March, 2012. Here are the results

Automobile Cases

Plaintiff awarded $8248
Plaintiff found 50% at fault and case dismissed (2 cases)
Defense verdict.
Plaintiff awarded $5000

Health Care Liability Cases

Plaintiff dismissed case after two days of trial
Defense verdict.
Mistrial declared after hung jury

Contract Case

Plaintiff awarded $4809

False Imprisonment Case

Case settled on second day of trial

A "win" for the plaintiff is not necessary a real win. To understand whether the plaintiff truly won the case, one needs to know whether there was a pre-trial offer and what the amount of the offer was.

For example, if a plaintiff was offered $10,000 before trial and "won" $9000 from the jury must people would not call that a win.

We report these jury verdicts because gives readers a more accurate picture of what is going on in our courtrooms that one typically learns from the media. Large verdicts are rare, and most cases involve relatively modest amounts of money.

Understanding Tennessee's Dog Bite Law

John Day — Tue, 08 May 2012 17:44:47 -0600

We have recently updated the Law Offices of John Day, P.C. website to share more information about Tennessee dog bite law. Dog bite victims can learn both about the law of dog bites and about the types of claims that may be made to recover damages in dog bite cases.

Our website also explains the availability of insurance covering dog bite injuries, educating both dog owners and the victims of dog attacks.

We offer free consultation to all those who have been injured by a dog attack. Contact us at 866-812-8787 or fill out the contact form to the right - we will be honored to help you determine if you have a valid case.

Injuries in Medical Transport Vehicle

John Day — Tue, 08 May 2012 03:33:04 -0600

Nashville and other parts of Tennessee has a large number of medical transport vehicles. These vehicles are usually vans that transport people to doctor visits, medical tests or physical therapy.

The drivers of these vehicles must be very attuned to the special needs of their passengers. For example, if the passenger is in a wheel chair, the passenger must be secured in the chair and the chair in the van before the van is moved. Failure to do so can result in the passenger being ejected from the chair in a sharp turn, sudden stop, or a collision with another vehicle.

Improper loading or unloading medical transport vehicles may also result in injuries.

Because medical transport vehicles are being operated for a fee paid by the passenger they are often considered "common carriers" and thus the drivers and owners of these vehicles owe the highest degree of care to their passengers.

If you or a family member were injured in a medical transport vehicle please contact John Day for a free consultation. Our number is 877-812-8787 or you may fill out the contact form at the right.

Liability for Injuries Caused by Carbon Monoxide Poisoning In Campers and RVs

John Day — Sun, 06 May 2012 17:39:52 -0600

The Tennessee General Assembly has passed a law mandating that all rental campers and motor homes include a functioning carbon monoxide detector. The failure to do so gives rise to an action for damages, including the recovery of attorney's fees.

The law was sponsored by Senator Tim Barnes of Clarksville, Tennessee. Clarksville was the site of a horrific incident on September 18, 2011 where five people died of carbon monoxide poisoning. The victims were attending a function held by Bikers Who Care and thus the new law is called the "The BWC 5 Act" in honor of those who died. The recreational vehicles involved did not have functioning carbon monoxide detectors.

Carbon monoxide is a deadly gas. Because it is odorless, colorless, and tasteless, the gas is very difficult to detect. It is a product of gasoline-powered tools, heaters, generators and cooking equipment. Carbon monoxide detectors are used to identify and warn about the presence of this toxic gas.

The new law is effective Jul 1, 2012.

Our Tennessee personal injury law firm investigates personal injuries and wrongful death arising from carbon monoxide poisoning. Please call us at 866-812-8787 or fill out the contact form at the right for a free, no obligation consultation.

Tennessee Motorcycle Accident Information

John Day — Thu, 03 May 2012 14:40:23 -0600

The Law Offices of John Day has recently updated its website to share information about claims arising from Tennessee motorcycle accidents.

Information is power, and our law firm has a long history of empowering consumers with knowledge of the legal system. Indeed, in the early 1980s, John Day taught basis consumer law on a volunteer basis in two different Nashville high schools and other classes for adults.

If you or a family member was involved in a motorcycle wrec and are attempting to understand your rights, the following links will be very helpful to you:

If you still have more questions, fill out the contact form on the right or call us at the numbers in the upper right hand corner of this page. We offer free, no obligation consultations and if your case has merit we will accept your case on a contingent fee (no recovery, no fee) basis.

Tennesee Trucking Accident

John Day — Wed, 02 May 2012 14:26:20 -0600

The Law Offices of John Day, P.C. has recently updated its website to share more information about Tennessee truck accidents with those injured as a result of truck driver or trucking company negligence.

The following links will guide you to information about trucking accidents and your legal rights.

It is essential to remember that a victim of a truck accident must act quickly to protect his or her legal rights. Tennessee law proviides that cases arisisng out of truck wrecks must be filed within one year of the date of the incident, but more prompt action is required because important evidence is often lost in the days following the accident.

Do you have a question about your rights after a trucking accident? We offer a free initial consultation and, if we are able to help you, will accept your case on a contingent (no recovery, no fee) basis.

Criminals Cannot Avoid Financial Responsibility for Their Crimes By Filing For Bankruptcy

John Day — Tue, 01 May 2012 18:02:15 -0600

Those who rape, murder, beat up, or steal from others are not only committing crimes - they also can be sued for monetary damages for the harm they cause. As Tennessee personal injury lawyers who represent crime victims, one frequent question is the availability of resources of the criminal to compensate crime victims

Of course, sometimes it makes no sense to file a lawsuit against the criminal because he or she does not have any money and will be spending time in prison. However, there are some criminals have assets and those assets can be used to compensate the crime victims.

It is important to know that a criminal who is ordered to pay damages to his or her victim cannot escape that responsibility by filing bankruptcy. Many types of debts of a person filing bankruptcy are wiped out in the bankruptcy process, but debts arising from intentional conduct are not.

Thus, a criminal can still face financial responsibility for the harm they cause once he or she gets out of prison and cannot avoid that obligation by filing for bankruptcy. A judgment against a criminal who causes harm is good for ten years and can be renewed every ten years. Thus, even a criminal who serves a 20-year sentence may then have to start making payments on a judgment owed to his or her victims.

Are you a victim of crime who believes that the person who harmed you may have some assets that could be used to compensate you? Consult the experienced personal injury attorneys at our firm for a free, no obligation consultation. Call us toll-free at 866-812-8787 or fill out our Case Evaluation form.

Lawsuits Seeking Damages For Crime Victims

John Day — Mon, 30 Apr 2012 18:59:34 -0600

Assault, rape, sexual abuse, theft, and murder are not just crimes. They also give rise to a right for the victim to seek damages for the harm caused.

Our firm has represent victims for each of these crimes and brought lawsuits against those who committed the crimes or those who negligently allowed the crimes to occur.

We have successfully sued a motel who did not have proper security on site, resulting in the rape of a guest. We have successfully represented several women who were raped in their apartments - their landlords did not have proper security. We have sued a day care center for allowing a sexual deviant to work with children, resulting in sexual abuse to our young client. We have sued several churches for allowing those with a history of sex crimes to be in the present of children - children who were later sexually abused. We have represented two young girls who were sexually victimized by an adult neighbor, and the family of a murder victim.

And, we have sued many drunk drivers and, from time to time, the bars and restaurants who illegally served the drunks alcohol when they were obviously intoxicated.

The Law Offices of John Day would be happy to talk with any crime victim and determine whether compensation can be recovered for the injuries received. Please complete our contact form or call us toll-free at 866.812.8787.

Drunk Driving Arrests Increase in Tennessee

John Day — Sun, 29 Apr 2012 17:57:37 -0600

The good news is that the overall crime rate in Tennessee has decreased. The bad news is that the report reveals that a total of 26,340 people were arrested for DUI in 2011, an increase from the 24,154 arrests made in 2010.

Here is some more data about those arrested from driving under the influence in Tennessee in 2011:

19,845 of those arrested were male and 6495 were female
22, 415 of arrestees were White and 3201 were African American
the age group with the most arrests was age 25-34 (both males and females)

Driving under the influence takes the lives of hundreds of people every year and injures many more. If you choose to drink alcoholic beverages, be sure to limit your alcohol consumption to an amount that will not impact your ability to drive safely.

Injuries Arising From Kugel Mesh

John Day — Thu, 26 Apr 2012 17:46:30 -0600

Davol, Inc. produced the Kugel mesh patch to be used to repair abdominal hernias. The patch, consisting of two layers of synthetic mesh surrounded by a flexible plastic “memory-recoil ring," is implanted at the site of a hernia. The ring then springs into place, allowing the hernia to heal and regrow around the flattened patch.

Unfortunately, there was a problem with the rings, and the product became the subject of recalls by the FDA in 2005, 2006, and 2007.

Now, there is a problem with the mesh component of the product eroding into the organs of the patients and causing additional physical problems.

Litigation against Davol concerning the most recently discovered problems from the mesh patches is pending in West Virginia. The Law Offices of John Day, P.C. has begun investigating these cases. If you believe you have been injured by a Kugel mesh hernia patch, call us at 615.742.4880 or complete the contact form to the right. We offer a free consultation and if we are able to assist you we will do so on a no recovery, no fee basis.

Doctor Operates on Wrong Body Part

John Day — Wed, 25 Apr 2012 17:34:39 -0600

Wrong-site surgeries happen with alarming frequency. Wrong-site mistakes can arise several ways, such as mixing up the left and right sides of the body; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the operative site at all. All of these are errors which can be avoided by reasonable care.

The victim of a wrong-site surgery has a medical negligence claim under Tennessee law. Often, both the surgeon and the facility where the error occurred will have financial responsibility for the mistake.

The challenge in these cases is proving what injuries occurred from the mistake. For instance, in knee cases, sometimes that surgeon will testify that he or she did operate on the wrong knee but that that knee needed the operation, too.

The lawyers at the Law Office of John Day, P.C. have successfully represented victims of wrong-site surgery. We offer free consultation and will be happy to explain what rights you have in your situation.

What Is a Summons?

John Day — Mon, 23 Apr 2012 17:54:03 -0600

A summons is a court form that orders the person named in it to appear in court. A summons is usually thought of as the document that accompanies a complaint - the document by which one person describes the basis for a lawsuit against another.

The summons is delivered with the complaint and requires that the person sued answer or otherwise respond to the complaint within thirty days. If no timely response is filed to the lawsuit, the court can determine that the person who filed the lawsuit has won the lawsuit.

A summons of a different type is also used to require people to appear in court to serve on a jury. This is called a juror summons.

If you are served with a summons and complaint, you need to contact your lawyer as soon as possible. If the case against you involves a motor vehicle, your property, or your business, you need to contact your insurance company as well. Failure to give your insurance company prompt notice of the lawsuit can affect your insurance coverage.

What Happens at A Deposition?

John Day — Sun, 22 Apr 2012 18:53:00 -0600

A deposition is a tool used primarily in civil lawsuits for uncovering evidence before an actual trial. In theory and in fact, depositions help resolve cases before trial because each person involved in the case can learn the facts from his or her opponent and from independent witnesses.

Depositions usually take place in a conference room in the office of one of the lawyers involved in the case. One or more lawyers for each party to the lawsuit is present. The parties to the lawsuit are often present, but need not be present unless they are going to testify.

The deposition itself is sworn testimony. The person giving the testimony is called the "deponent." The deponent is asked questions by the lawyers for the parties in the case. The questions and the answers to those questions are recorded by a court reporter and, sometimes, also recorded on video. The deponent has a right to have his or her lawyer present.

The testimony given at a deposition can be used at trial in several different ways. Generally, the mere fact that a deposition has been given by a party to the case or a witness does not excuse the party or witness from actually appearing at trial and giving live testimony, although there are several exceptions to that rule.

A lawyer will prepare his or her client for the deposition. A lawyer may also prepare a witness for a deposition. With appropriate preparation, a deposition is usually not a stressful event. Most lawyers are very courteous to the deponent.

First Year of Motorcycle Riding is the Most Dangerous

John Day — Thu, 19 Apr 2012 17:48:42 -0600

The HIghway Data Loss Institute reports that motorcyclists are most at risk when they begin riding.

An analysis of claims data reveals that some 22% of claims studied occurred within the first 30 days after an insurance policy was issued. The rate of claims dropped 1/3rd in the second month and almost 2/3rds after six months. The first 30 days of riding is riskier than the entire second year.

Operating a motorcycle is a complex undertaking. Regardless of your experience, operating motorcycles require your full attention at all times.

The warm weather has brought motorcycles out earlier than ever. Motorcyclists, remember that when you pick a fight with a car you will lose. Car drivers, remember that motorcycles are everywhere and have a right to share the road with you. If everyone pays attention to the rights of others, many lives will be saved.

Personal Watercraft (PWC) Collides With Boat

John Day — Wed, 18 Apr 2012 18:13:35 -0600

We were on a boat on Old Hickory Lake outside of Nashville, Tennessee. A young man driving a personal watercraft (a jet ski) was jumping our wake real close to the back of the boat. This happened several times. Then the PWC was racing along side of us, and then cut to his right to go close to the back of our boat and hit our wake. At the same time, our boat driver slowed down to try to get the PWC operator to leave us alone. The PWC hit the boat, knocking me off my feet and into the side of the boat, breaking my arm. Is the PWC operator responsible for my injuries?

It is against the law to jump a wake within 100 feet of the back of a boat or to otherwise operate too closely to another boat. So, if the facts shake out as you remember, you will have a claim against the operator for negligently operating the PWC.

Under Tennessee law, any lawsuit you want to file against the PWC operator must be filed within one year of the date of the incident. Failure to file suit on time will result in a loss of your rights.

Can Jurors Ask Questions At A Tennessee Auto Accident Trial?

John Day — Tue, 17 Apr 2012 18:51:33 -0600

I have been summoned to jury duty in civil court. Am I going to be able to ask questions of the witnesses at trial or do I just have to sit there and listen?

Relatively new changes to Tennessee law permit jurors to ask questions under certain circumstances. The judge will instruct you what to do if you want to ask a question.

Do not be offended if the judge refuses to ask the question you want to ask. The law of evidence prohibits a jury from considering some types of information. (For example, you cannot know that the person who is being sued has liability insurance that will pay any money owed. You also are not ordinarily permitted to know about settlement discussions.) In addition, the evidence may be presented at a later time in the trial and judge may want the evidence to be introduced at that time.

Holding a Negligent Car Driver Responsible For Payments in Excess of the Insurance Limits

John Day — Mon, 16 Apr 2012 18:58:33 -0600

The guy that hit me in my Lebanon, Tennessee car accident has limited insurance but I know he has assets. Can I get insurance money and then go after him individually for the difference?

In Tennessee most insurance companies will continue to defend their insured driver even if they have offered insurance policy limits but the injured party refuses to accept them because the value of the case is far more than the insurance available.

So, ordinarily you will have to determine whether you want or need the insurance money (if it is offered to you) or if you are willing to press for more money from the insured at-fault driver individually and thus wait to collect the insurance money.

Whether it makes sense to seek additional money from the insured depends on various factors. Our office recently advised a client to go after the individual assets of a man who caused a wreck. We did an investigation that revealed that the man had several rental properties that had equity in them and that after the wreck the man added his wife's name to the properties in an effort to protect them from a lawsuit by us. He also rebuffed our initial efforts to discover his financial information. We thought it was important to hold him responsible for the harm he caused, and thus pressed forward with the lawsuit even though his insurance company was willing to pay the liability insurance policy limits. After lots of effort, we persuaded the at-fault driver to pay $100,000 over and above the insurance policy limits. This payment not only benefited our client but also made it possible for the man we sued to avoid bankruptcy - which is probably what would have happened to him if we had a trial and obtained the judgment against him that our client was entitled to receive.

We did the same thing to an underinsured trucking company several years ago. The company only had $1,000,000 in insurance, and we refused to settle the case unless the company paid additional money out of its own account.

Unfortunately, we are not always able to get this type of wonderful result for our clients. Some of the at-fault drivers we sue or file claims against simply have no ability to pay any money out of their pockets and many of our clients do not want to force another person into bankruptcy. But, when circumstances make it appropriate to do so, we will recommend to our clients that they refuse to settle for insurance policy limits and press the wrongdoer (either an individual or a company) for additional monies.

The possibility of personal contribution from the at-fault driver is yet another reason you need an experienced personal injury lawyer to guide you through the litigation process.

Pharmacy Errors Resulting in Injury or Death

John Day — Sat, 14 Apr 2012 07:19:28 -0600

I was given a prescription for a drug and took the prescription to my regular pharmacist. I picked up the prescription the next day and started to take the medication as ordered. Two days later I was deathly sick and in the hospital. It turns out I was not given the drug I was prescribed but instead I was given one with a similar name. The drug I was actually given through my heath out of whack and I passed out. I spent one week in the hospital and am still not back to work. My wife talked to the pharmacist and he said that the handwriting on the prescription was confusing. What are my rights?

You may have a claim against the doctor and the pharmacist, however the pharmacist has the obligation to review the prescription and, if he or she cannot read it, to call the doctor's office to confirm was was actually ordered.

Pharmacists are highly-trained professionals who know that giving the patient the wrong drug can result in very serious problems. If the wrong drug is given not only is the original problem not being treated but the wrong drug can cause problems of its own.

You need an experienced lawyer to investigate this matter for you. Under Tennessee law, this is a "health care liability action" and there are certain special rules that must be followed before suit can be filed. The Law Offices of John Day, P.C. has handled many of these claims and, in fact, my first case against a pharmacy was over twenty years ago and resulted in a decision by the Tennessee Court of Appeals that was the first of its kind in the nation. We offer free consultation in all personal injury cases, including health care liability cases, and accept cases on a no recovery,no fee basis.

Injuries and Deaths of Tennessee Bicyclists

John Day — Fri, 13 Apr 2012 04:31:01 -0600

This is the season when our streets and highways begin to be filled with bicycles.

Bicycles are treated like vehicles on our roadways and, in general, those operating bicycles have the same duties and responsibilities as those driving cars and trucks.

By the same token, bicyclists enjoy the same rights as other drivers. Thus, all drivers have a duty to exercise a proper lookout for bicyclists and to operate with due care when in the vicinity of a bicyclist.

When passing a bicyclist, leaves lots of room. When making a right turn, look over your right shoulder to determine whether a bicyclist is approaching from your rear and make sure you give an appropriate signal.

If you have been injured while riding a bicycle because of the conduct of the driver of a car or truck, contact an experienced personal injury lawyer to assist you.