Tennessee Injury Lawyer Blog

In Tennessee and all across the country, many people unfortunately get into accidents with cars that result in serious injury for the people involved. However, these accidents can result in even more serious injuries when a car or truck hits pedestrians. According to a recent lawsuit, on March 26, 2008, , Frank Guenther, of Guenther and Sons towing attempted to drive a tow truck around a car that was waiting for a Southern Railroad Company cargo train at the Route 9 railroad , trying to make it over the tracks before the train arrived. Guenther did not make it across in time and the train clipped the back of the tow truck sending it spinning into three pedestrians. Kathleen McWhite one of pedestrians was thirty-two at the time and suffered leg fractures and lacerations. Jerome Seymour, then thirty-three, and Sebrina McWhite, then twenty-eight and the other pedestrians involved, suffered back injuries.

The three pedestrians filed a lawsuit against Guenther who filed a lawsuit against the railroad, claiming that the railroad did not have gates that lowered when the train approached. The lawsuit filed by the pedestrians also states that, the driver of the tow truck always denied responsibility for directly causing the accident. This led to the pedestrians extending their lawsuit to include the railroad.

The representative for the railroad Jon Filorilla stated that, “This case is very unusual because the plaintiffs didn’t initially sue the railroad at all. We really didn’t do anything wrong, but they had to cover themselves for any possible defendants. If they hadn’t done that, it wouldn’t have been good lawyering.” He went on to state that, “The state requires railroad intersections like this one be equipped with flashing lights and bells, which were both present and working at the time of the daytime accident.”

The case was set to go to trial in January but a settlement was reached following mediation. Kathleen McWhite will receive $750,000 for her injuries, and Sebrina McWhite and Seymour will receive $200,000 and $50,000. Guenther will pay ninety percent of that amount and the railroad will pay the balance.

Continue reading "2008 Crash with Tow Truck Results in $1 Million Settlement for three pedestrians" »

Recently our senior partner, Jim Higgins, was interviewed about what to do from a legal standpoint if you are in a car accident. The interview covers information that we have found to be very important when pursuing auto accident cases for our clients. You can watch the entire interview here:

If you are in an accident, please remember these basic tips:

- First make sure everyone is okay and get any medical attention needed.
- Take pictures of the accident scene with your cell phone or camera. Be sure to include photographs of the cars in the accident.
-Get the name, phone number and emails of any witness. We find emails are important as people keep those even when they may change their phone numbers.
-Do not give a recorded statement to the insurance company.

Continue reading "Attorney Jim Higgins inteviewed about what to do if your in a car accident" »

A second wrongful death lawsuit has been filed against Sundance Helicopters Inc, a company which operated a sightseeing tour helicopter which crashed, killing five people in December. This lawsuit was filed on of four children of Delwin and Tamara Chapman, who died in the helicopter crash on December 7th while celebrating their 25th wedding anniversary. The Sundance Helicopter Company has offered condolences to the Chapman family but has not commented on the lawsuit’s allegations.

A similar civil wrongful death lawsuit was filed on December 13th against Sundance on behalf of the families of Lovish Bhanot, 28, and Anupama Bhola, a couple on their honeymoon from India that were killed in the same helicopter crash. The pilot, Landon Nield was also killed in the crash.

According to both lawsuits, the radar tracking data made public by the National Transportation Safety Board showed that the six-seat Aerospatiale AS350-B2 aircraft spun into what is called an “erratic and abnormal” flight pattern in the last minute before the crash. It is suspected that the crash was a result of a pilot error or mechanical failure. The helicopter made one test flight and two passenger tours as well as had routine maintenance before the fatal flight. It was reported that the pilot made no emergency call before the crash and a search and rescue team find the charred scene and determined that there were no survivors. The Chapman lawsuit is seeking unspecified damages.

Continue reading "2nd wrongful death lawsuit has been filed in tour helicopter crash that killed 5 people" »

In Tennessee and all over the United States, people can be seriously injured or even die in automobile and ATV accidents, especially if the person driving these vehicles is under the influence of alcohol. According to a recent lawsuit, an ATV crash killed Jonathon Byram, a nineteen year old college student after a 2009 Independence Day party. In the early morning of July 5, 2009, Byram was a passenger on the vehicle which was being driven by Mark Renehan, also a college student. The ATV vehicle flipped over resulting in the fatal crash. Mark Renehan was charged with homicide and involuntary manslaughter. He was later acquitted of the charges by a jury.

Daniel Byram, the victim’s father, filed a federal lawsuit claiming Mark Renehan was intoxicated and driving excessively fast and this caused the death of his son. The lawsuit goes on to claim that Mark Renehan’s family served alcohol to them on a “continuous basis” over several hours leading up to the time of the crash and that Mark Renehan had admitted to the police that he had consumed alcohol.

The criminal investigation and trial were held back due to Mark Renehan invoking his Fifth Amendment rights and also refusing to have a blood alcohol test done. The case has now been settled for $2.7 million.

Continue reading "Fatal ATV Crash Lawsuit Results in a $2.7 million Settlement" »

Texting and driving has become a dangerous problem in Tennessee and throughout the county. Over the past couple of years, some of the most tragic automobile accident cases in our law office have involved distracted drivers.

Recently, Jim Higgins was interviewed about Tennessee laws to prevent distracted driving and how these cases have increased over the years. You can watch the interview here:

Continue reading "Information about texting and driving laws in Tennessee" »

In Tennessee and all over the country, when employees injury themselves on the job or while performing job related tasks, they can file a workers’ compensation claim and have their medical expenses covered by their employer. In some cases however, it is difficult to determine whether or not certain injuries in specific situations should be compensated by Workers’ Compensation law. In these cases the states’ Supreme Court typically makes a ruling.

In a recent case, David Kirby was performing heating, ventilation, and air conditioning services for Memphis Jewish Nursing Home in September of 2008 and injured his right shoulder while trying to avoid falling down a flight of stairs. He had surgery for the injury in June of 2009 to repair a tendon and cartilage in his arm. Months after his surgery, David Kirby returned home after a medical appointment and found one of his dogs was running loose. He grabbed the dog by the collar and when the dog pulled away, this motion, caused David to reinjure his arm.

When the case was brought before a Tennessee Chancery Court, it was ruled that David Kirby did not act negligently when trying to restrain his dog and the re-injured arm was considered to be “a natural consequence of the original injury.” The court awarded forty percent partial disability benefits to Kirby based on the first injury and the impairment caused by the dog incident.

When the nursing home appealed the decision, the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court confirmed the Chancery Court’s decision. It ruled testimony from Kirby’s doctor which encouraged him to push past his limits while recovering from his arm surgery. The doctor’s testimony also stated that Kirby was not restricted from walking his dog after his surgery.

Continue reading "Tennessee Supreme Court Rules Injury Caused by Dog Compensable under Workers’ Compensation Law" »

In Tennessee and in many other states across the country, there is often times where the statute of limitations may have expired on a particular case or crime. In these cases, if the statute of limitations is unclear, then the court may determine if they have expired or not. Sometimes these cases involve old claims of sexual abuse. According to a new case case, two men, one of them forty-three year old Ralph West, made claims to ESPN that Bobby Dodd the former president of the Amateur Athletic Union or AAU abused them in the 1980s when they were players on his youth basketball teams at a YMCA in Memphis. Ralph West claimed that Dodd attempted to fondle him or masturbated in front of him at Dodd’s residence in Memphis and also at AAU events in Indiana, Florida, Louisiana, and Tennessee. Both alleged victims claim to have been encouraged to come forward with their claims after the sexual abuse case at Penn State.

Tennessee state law currently states that adults claiming sexual abuse have one year to file a lawsuit after turning eighteen. The results of a Memphis investigation as well as a pending decision before the Tennessee Supreme Court may determine whether alleged victims are allowed to file a lawsuit decades after their claims of abuse.

The case involving the Tennessee Supreme Court is a lawsuit against the Catholic Diocese of Memphis filed by Norman Redwing in 2008 claiming that he had faced abuse from a priest in the 1970s.

Continue reading "Statute of Limitations may have expired on Old Abuse Claims in Tennessee Courts " »

The people of Tennessee and all across the United States, expect that when they go into the hospital for any kind of treatment or care that they doctors and medical staff will treat them and their family members with the proper medical care and that they will be doing better by the time they leave the hospital. Unfortunately, however, this is not always the case. In a recent lawsuit, Matthew Allen Marlin was born early on June 13, 2009 and suffered irregular breathing and an irregular heart rate. A nurse noticed that he “made a small cry at delivery and had movement of arms and legs.” The baby was considered by this nurse to have been fighting for its life and Dr. John W. O’Donnell III made the decision on his own without first consulting anyone that the baby would have no chance of living. Marlin was then placed in a plastic bin and left on a counter until the family decided what to do with the body. A nurse who was passing by however, noticed the baby was gasping for breath a few hours later.

Marlin then received resuscitation therapy and was transferred to Vanderbilt University Medical Center in Nashville where he stayed for three months in order to receive specialized care. This lawsuit is claiming that Dr. O’Donnell was negligent and that Marlin suffered a brain injury as well as other injuries due to the doctor’s failure to provide timely and appropriate medical care and treatment. According to the case, a pediatrician should have been called immediately to resuscitate the baby, and the baby should have been sent to a neonatal intensive care unit. The lawsuit seeks undetermined compensatory damages.

Continue reading "Robertson County Mother Sues Doctor over Neglecting Newborn Son " »

A while ago a loving mother honored our firm but allowing us to represent her son. The son had been bullied at school and despite asking for help the school failed to adequately protect the young boy. Eventually, an altercation ensued and the young man was struck in the eye and despite several surgeries his vision was lost.

We recently had a trial in this case and the court found the school was negligent and let the young man down. The court awarded the family $300,000.00 which is the maximum amount allowed under the Tennessee Governmental Tort Liability Act. You can watch a recent news story on the case below:

Continue reading "Justice for Roberston County Family" »

Knock on wood I have never had a client try to pursue a fraudulent Tennessee workers compensation case. I have had people call me that I felt they were trying to game the system and have promptly refused to represent those workers. However, I have represented hundreds of good hard working folks that have been injured on the job. My clients didn't enjoy getting hurt and they had much rather been working than have a good workers compensation case. That is why it makes me so mad when I read about people that pursue fraudulent workers compensation claims. It is nothing more than stealing and it just hurts workers with legitimate claims.

Recently, I read about a few arrest that were made on employees trying to cheat the work comp system. Among the people arrested was a worker that told his girlfriend he was faking an injury so he could take a vacation to Florida. Another, was reportedly working as a coach while getting workman's compensation payments. Yet another continued to collect checks from the work comp insurance company after her husband had died.

Assuming these allegations are true I am pleased that these people have been caught. It is also my hope that the government will investigate that insurance companies that refuse benefits without good reason to people that disparately need them. In fact, based upon my experience it is the insurance carrier that is in the wrong much more often than the injured employee.

Continue reading "Fraudulent Work Comp Claims Hurt the People that Really Need the Benefits" »

Tennessee workers and workers all over the United States expect that when they go to work they will be treated with respect and also have a safe and clean environment to work in. However, many companies and businesses expose their employees to asbestos which can lead to serious medical conditions including the cancer Mesothelioma. If you or someone you love has been diagnosed with Mesothelioma or another serious illness after being exposed to asbestos, then you should speak with a Tennessee asbestos and personal injury lawyer as soon as possible. They will work with you to make sure you get the compensation you deserve.

According to this lawsuit, Gerald Failing worked in the compound department at Durez Plastics since 1996. Durez Plastics produced industrial resins and phenolic molding compounds. As part of his job in the compound department Failing worked in and around raw asbestos fibers in order to make plastic molding compounds which were a base material for the company’s products. Some of the raw asbestos that Failing worked with was given to the company by Hedman Resources Ltd, a mining company out of Canada. As a result of working around this raw asbestos, Failing who is sixty-six was diagnosed with Mesothelioma in 2010. The jury in this case is holding Hedman Resources Ltd completely responsible for damages for causing Failing’s injuries and illness. They jury also discovered that Hedman actions were reckless and disregarded the safety of the workers and others. Failing and his wife were awarded a $2 million dollar verdict.

Continue reading "Jury Awards $ 2 million in Mesothelioma case" »

In Tennessee and across the country, people expect that when they take medicine for certain medical conditions or illnesses that it will make them feel better and that it is safe. Unfortunately, sometimes medications that people may take may increase their chances of developing other more serious and even dangerous medical conditions and illnesses. In a recent case, Susan Elfont, Bernadette Kalenkoski and Judy Mulderig claim that they took the drug Prempro developed by the company Pfizer Inc., for menopause and later developed breast cancer. According to the lawsuit, Elfont who is sixty-six and a former teacher, took Premarin and Provera which later were combined the two hormones into the Prempro pill for over two years before being diagnosed with breast cancer in 1997. Kalenkoski who is sixty-eight and a former nursing aide took Prempro for over four years and was diagnosed with breast cancer in 2002. Finally, Mulderig also sixty-eight and a retired teacher took Premarin and Provera for eleven years beginning in 1988.

During the trial, the jury found out that during the tree week trial of the drug, none of three women had a history of breast cancer in their family and it was determined by professionals that their use of the menopause drug was what led them to develop the cancer. Pfizer Inc has faced other lawsuits and settlements in the past due to the drug Prempro. This drug combined Premarin and Provera into the Prempro pill in 1995. The marketing of the drug reached over $2billion before a study in 2002 discovered that Prempro had links to breast cancer. The jury awarded $20 million in compensation to Elfont, $27.85 million to Kalenkoski and $24.75 million to Mulderig.

Continue reading "$72 Million Awarded in Prempro Breast Cancer Case" »