Tennessee Injury Lawyer Blog

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 " »

In Tennessee and all over the country, when people go into the hospital or another medical facility for treatment, they expect to be well taken care of and protected from any further harm. Unfortunately, sometimes incidents happen and can leave patients being harmed by other patients and people who may enter the facility when proper safety measures are not taken or policies for reporting incidents are not properly followed.

According to this lawsuit against HCA, a woman claims that she was sexually assaulted by a male patient who took her out of the shower while she was brushing her teeth, while in the hospital at Skyline Madison Campus, as a psychiatric patient. The lawsuit also states that the hospital failed to report the incident to police or to her family. A 2008 law requires a “certificate of good faith” from a medical expert, typically a doctor, during the first stages of a lawsuit. The HCA was successful in getting the lawsuit dismissed because no certificate was filed.

Now the case is back in court after the Tennessee Court of Appeals determined that the lower court made a mistake when it applied the rules of the Tennessee Medical Malpractice Act, claiming that the issue does not involve treatment given by a medical professional. The Appeals Judge Richard H. Dinkins stated that, “The complaint speaks of supervision that could be provided by a security guard or some other person who does not have a specialized training in medical science or the adoption of other appropriate non-medical safeguards.” The HCA acknowledged in its statements that a male patient was found hiding in the woman’s shower. The hospital has also noted that the facts are in dispute regarding the alleged assault. The woman filed her lawsuit last year seeking $3 million in damages.

Continue reading "Former Skyline’s Patient’s Sexual Assault Lawsuit Gets Second Chance " »

In Tennessee and all across the United States, many people unfortunately get behind the wheel of a vehicle after they have been drinking. Unfortunately, many times this careless action leads to someone being seriously injured or even dying. If you or someone you care about has been injured or affected by a drunken driving accident, then you should talk to a Tennessee personal injury lawyer as soon as possible.

In this case, Charles, “C.J.” McAlhaney, 23, died after a drunken driving car accident in 2006. The defendant in this lawsuit pled guilty to three felony counts which related to McAlhaney’s death in 2010. The defendant received a nine year prison sentence, with three years suspended. This was one of the largest personal injury verdicts awarded in the state in 2011. The case was taken on a pro bono basis after a referral from the Mothers Against Drunk Driving. The judge awarded Robin Chaplin, McAlhaney’s mother, $3 million for the loss of an adult child.

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Justice - 6, Boy Scouts - 0 could have been the score for a recent Oregon court ruling that settled a years' long sexual abuse case. Six men who accused their leader of sexual molestation agreed to a settlement that may figure in the millions. A need to have it over and to get on with their lives was part of the motivation to settle.

These men, all members of the same troop, claimed that they were abused by a former leader back in the 80's. Their attorney says he hopes the ruling will give other victims of abuse the courage to speak up and be heard. One of the plaintiffs was awarded $20 million back in April for compensatory and punitive damages with The Boy Scouts of America to pay the vast majority of that amount. A jury found that the Boy Scouts failed to protect the plaintiff from a pedophile assistant scoutmaster. This was the largest award to a single victim of sexual abuse in the nation's history. The likelihood of an appeal by the BSA led to the settlement.

One bright note, six weeks after the verdict, the BSA implemented major changes to their youth program designed to keep children safer. These changes include volunteers undergoing mandatory youth protection training and hiring a former San Antonio police detective with experience in sexual abuse investigation to oversee the youth protection program.

Continue reading "Boy Scouts Settle Sexual Abuse Case" »

Against our parents wishes, many of us may have played the game “ding dong ditch” when we were younger. It is a prank game where you go around to houses and ring doorbells and then leave. However, sometimes this game can turn into much more than just a simple prank and some fun, and people wind up getting hurt, which is actually what did happened in Clarksville, Tennessee on Memorial day weekend.

The Clarksville police said that four teenagers ages fifteen to seventeen were playing the game on Saturday May 29th when Joseph Robinson, one of the boys playing the game, got shot in the leg by Carl Jerome Edmonds one of the homeowners whose door they knocked on. Jeff and Sherri Robinson, Joseph’s parents have filed a lawsuit in the amount of 2.5 million against Edmonds.

The attorney for the Robinsons, Mark Olson accuses Edmonds of acting reckless and in a negligent manner, because Edmonds was not threatened and his property was not in danger. The parents of Joseph Robinson are also claiming that the use a gun was excessive and not a legal use for the weapon.

The bullet is still embedded in Joseph’s leg and the lawsuit claims he will have a permanent disability and have more medical bills as a result of being shot. Punitive damages and the costs for civil action are being asked for, for a total of 2.5 million. A court date has been set for July 2, 2010 and no criminal charges have been filed against Edmonds.

Continue reading "Game of Ding Dong Ditch Ends in 2.5 million Lawsuit" »

In recent years, we all have heard about school shootings and violence in schools and on campuses. These reports have affected everyone across the country, including the residents of Tennessee. Security measures have been taken on campuses to help protect the students and staff, but there are always things you can do to help protect yourself against crime. Here are some tips to help make you more aware of crime on your campus and how to better protect yourself and your friends from it now and in the future.

The first thing you should do is go online or ask a school official what there plan is in case of emergency or crime. It is helpful to know where you would need to go, or what you may be asked to do in these situations. Check for the following to make sure your campus is well prepared for emergency and crime situations:

• Classroom door locks are secure or have been modified for better security
• Video surveillance is in place around the campus (i.e. cameras that are monitored regularly)
• Controlled Access (i.e. electronic key cards and codes)
• Mass communication (i.e. phones and internet in every classroom)
• Emergency drills held often
• Campus security group or committee with a plan of action

If you feel that your campus or school is lacking security measures, it is very important that you speak up and let someone know about it. Talk about it in a student group, or go to a school official or even the campus security.

If you are ever in an emergency or crime situation, here are some tips on what you can do:

• Try escaping even if its through a lower level window
• Lock yourself in a room (if you are in there with the criminal shut off all the lights and duck down)
• Scatter yourself around (this may distract the criminal and make shooting more difficult
• Use a cell phone to call 911 or text someone for help when possible

It is important that you feel secure and safe within your school and that you know what to do in case of an emergency or crime situation. This may just help to save your life and the lives of people around you.

Boy Scouts of America is an organization across the country that teaches young boys and men wilderness skills, life skills, and teaches them how to be responsible people that can have fun and do the right thing. Unfortunately, in the case involving Kerry Lewis who was formerly from Portland, Oregon, the Boys Scouts of America failed to protect him from and even allowed the former assistant Scoutmaster Timur Dykes to keep in contact with his troop after Dykes had admitted to the Church of Jesus Christ of Latter Day Saints back in 1983 that he molested seventeen boy scouts. Dykes was convicted three times of various sexual abuse charges involved with the boy scouts and had admitted to abusing Lewis. Due to their failure to act and their reckless actions involving this case, the Boy Scouts of America must pay $840,000 or sixty percent of the 1.4 million and the Cascade Pacific Council will pay fifteen percent or $210,000 and finally, the church already paid its portion of $350,000.

The spokesman for the Boy Scouts, Deron Smith, said, “We are saddened by what happened to the plaintiff. The actions of the man who committed these crimes do not represent the values and ideals of the Boy Scouts of America”.

There are still nine other claims pending against the Boy Scouts of America and a separate trial to help determine if the organization will owe $25 million in punitive damages. The Oregon Supreme Court also released in February more than 1,000 files the Scouts kept on alleged pedophiles from 1965- mid 1984 that were used in this trial.

Continue reading "Boy Scouts of America paid 1.4 million in sexual abuse case" »

http://hhpfirm.comAccording to an article on wsmv.com, a Youth Minister from a church in Lebanon, Tennessee has been arrested on multiple charges of child rape involving two young boys. The youth minister worked at the church and gained the trust of the children and their families, as reported in the article.

Tavaria Merritt, formerly the youth minister at Lebanon’s True Vine Church, allegedly used the families’ trust to allow the children to occasionally spend the night at his home under the guise of his position as youth minister.

Apart from the obvious criminal elements of this case and the prosecution of Mr. Merritt on the child rape charges, there are also civil lawsuit ramifications that will likely be involved. Similar to the cases brought against the Catholic church for abuses by priests and other staff, the question can turn to what the church knew or should have known about it’s employee and his wrongful actions.

These types of cases are very difficult to pursue and involve a subject matter that is ultimately very private. Other sexual assault victims have not stepped forward with allegations at this time and it may be limited to the victims referenced in the indictment.

Continue reading "Lebanon Tennessee Youth Minister Indicted on Child Rape Charges" »

A Nashville, Tennessee grand jury has issued a second-degree murder indictment against security guard Jeremy Holmes in the death of Adam Villegas. This unfortunate case began when Holmes got into an argument outside the Marathon Sports Bar in Nipper's Corner. Holmes, who was working security in the parking lot at the time.

This case emphasis the drastic need for more stringent training requirements to become an armed security guard in Tennessee. Currently, Tennessee only requires an additional 8 hours of training to become an certified armed security guard. Once this limited training is completed the officer can be placed in the most dangerous of situations and given the duty to protect us. This is both unfair to the security guard and the public. To give someone the ability and to use deadly force with such limited instructions is asking for tragedy. My office has handled to many cases where unnecessary force was used by a security guard and the results where devastating.
We can only hope that some good can come from tragic cases like the one involving the death of Villegas. Hopefully, security companies will provide more training, be more selective on their hiring and our legislature will increase the minimum training requirements.

Willard Ross, a retired coach at Northwest High School, was fatally wounded by gunfire June 25 in the parking lot of the Wal-Mart on Ft. Campbell Boulevard in Clarksville, Tennessee.

Coach Ross was a beloved educator and the community is horrified and saddened by his tragic death. This senseless act of violence is even more shocking considering the circumstances. Coach Ross was an innocent bystander murdered at one of the nation's largest and most trusted merchants. Millions of innocent people visit Wal-Mart stores all over the country without giving a second thought to their personal security. They may need to change their thinking in the wake of this tragedy.

Perhaps the most disturbing aspect of this terrible crime is that it appears that Wal-Mart, an enormous and very successful corporation that gladly takes millions of dollars from its customers, apparently chose not to provide security in the parking lot after it has already taken their money. As a matter of fact, according to the paper the Wal-Mart on Ft. Campbell Boulevard in Clarksville terminated its contract with the Clarksville Police Department and has hired a private security firm. The community can only hope that this change doesn't bring an increase in the incidents of crime at this store, where many of the city's residents go to shop every day.

Today the Tennessee Bureau of Investigation arrested the Jackson County Sheriff, two Deputies, and two former Correctional Officers. The officers have been accused of having inappropriate sexual conduct with inmates.

Throughout the years I have found myself both representing officers in Court and representing citizens who were mistreated by the government. I guess it is no big surprise that you learn fairly quickly that there are good and bad folks in any profession. I still believe that most people are good. I also believe that a majority of the police, sheriffs and other public officials are good. That they take these jobs not for personal glory or a modest paycheck but to make the world a better place. However, when an officer betrays the public trust and uses their power for selfish personal gain I believe their punishment should be swift and severe.

Each week it seems that I read about a person being shot or injured at their apartment. In addition to this, I have several cases where a person was victimized by a criminal and their apartment had done little or nothing to provide a safe complex. I think we all know that there are certain areas of town that are more dangerous than others. Unfortunately, in litigating inadequate security cases what I have come to realize is that some apartment complexes take extra precautions to protect their residents and some seem to focus more on profits.

If you are looking for an apartment in the Nashville, or any area, I would recommend that you check crime statistics in the area. Ask other residents if criminal activity is common in the complex. Don't be afraid to ask the manager if they have security on site or security that patrols on a regular basis. How did they chose the security company?

Although we can never predict when a criminal may act we can take precautions to deter any criminal activity. I honestly believe that it is not too much to ask to have an apartment complex take a small portion of their profits to ensure their residents are safe. If they fail to do so, then the should expect to be responsible for any damages sustained.

This weekend a Tennessee Titan intentionly kicked an opposing player in the face. The player was ejected from the game and has been fined by the national football league. So is that enough? What would happen if you or I hit a co-employee at work?

The obvious answers are that we would probably be charged with a crime. I understand the dilemma of where a line is drawn. "Football is a violent sport" and "players hit each other all the time during the game." However, kicking someone in the face has no place in football or any other business. We all live by the law being and you should not be exempt because you are wealthy or hold a high profile job.

The district attorney in Nashville has a duty to enforce our laws. We have a great District Attorney in Nashville. I have confidence in his judgment and realize not every case is black and white and victims do not always cooperate. However, I would suggest the district attorney consider issuing a statement declaring such actions will not be tolerated in Nashville. Further, if this is not a case for the criminal justice system it may very well be a case for the civil justice system.