Memphis Injury Lawyer Blog

Instead of coming down the Memphis chimney and dodging the flames, this Santa can set fire to your West Tennessee home. Hallmark stores in the Memphis area are possibly among those stores that sold this item since November of 2008. Apparently, the materials that this decoration is composed of can act like a huge magnifying glass. If the sun hits the Globe just right, it can ignite anything that is burnable that happens to be nearby. The only reason that we should want to call our friendly neighborhood trial lawyer during this joyous season should be to invite him or her over to our homes for dinner or a beverage.

This seemingly innocent Christmas decoration is a potential threat to Memphians and our neighbors. Take a moment to check around the Christmas tree. Are the extension cords warm to the touch? Does the tree seem dry and brittle? A few moments of caution can save your tears of joy from being changed into tears of horror.

This message brings with it a holiday greeting from our family to yours for a safe holiday season. May 2009 bring with it peace and prosperity to all.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Personal Injury Prevention

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You may recall that just last week I blogged about a daycare fire and its connection to the dangers of space heaters. Time and again, Tennessee trial attorneys are called upon to deal with the aftermath of fire disasters that are brought about by falling temperatures and these potentially dangerous products. Just today there has been a house fire in the Cooper-Young neighborhood. . To further highlight the importance of precautions, another house fire that is suspected to have been caused by a space heater happened yesterday, as well.

Please remember that as the holiday season progresses, you can save your own life and the lives of your loved ones too. Just be sure that there is a three foot safety zone around your space heater. Don't allow anything that can burn in that area and be sure that if something is tipped over, say a rack of clothes drying, that it will not fall onto the heater. Happy and safe holidays to everyone.

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Posted In: Car And Personal Injuries , Insurance Claims , Personal Injury Prevention , Premises Injuries

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Even Memphis trial lawyers catch the common cold. Hard to imagine, I know but it does happen. Today, when the bug bit me I grabbed my trusty bottle of "Grandma's Snake Venom Elixer" and glugged down a few slugs. Shortly thereafter, a warm glow began to spread from my toes to my eyebrows. During this time of year, Tennesseans are plagued by many annoying but rarely fatal conditions and most of us never think of the consequences of our over the counter (OTC) medications. Of course, this doesn't even take into account the interaction of prescription drugs with these preparations.

It is staggering to contemplate how many of our neighbors in the Mid South are at risk for driving problems resulting from this issue:

Consumer behaviors, beliefs, and attitudes provide context to the opportunities and challenges surrounding the selection, use, and monitoring of nonprescription drugs. Consumers have confidence in nonprescription drugs. A survey by the National Council for Patient Information and Education revealed that 92% of consumers considered nonprescription drugs effective and 83% of consumers considered them safe. In the same survey, 73% of consumers reported they preferred to treat symptoms themselves with nonprescription drugs. Of adults, 38% reported a higher degree of nonprescription drug use now than 2 years ago. In a National Consumer League survey, only 16% of consumers reported reading the nonprescription drug label completely and 10% of surveyed consumers indicated that they did not read the label at all before taking nonprescription drugs. Further, 44% of 4,300 adults exceeded the recommended dose of nonprescription pain relievers.

Sources: Uses and Attitudes About Taking Over-the-Counter Medicines: Findings of a 2003 National Opinion Survey. National Council of Patient Information and Education. Bethesda, MD, 2003. Available at: http://www.bemedwise.org/survey/summary_survey_findings.pdf Accessed November 29, 2006; Attitudes and Beliefs About the Use of Over-the-Counter Medicines: A Dose of Reality. Executive Summary. National Council on Patient Information and Education. Bethesda, MD, 2003. Available at: http://www.bemedwise.org/survey/final_survey.pdf Accessed November 29, 2006.

Having looked at the numbers, it is clear that using nonprescription medications is something that most of us do. Now, consider what can happen when "Snake Venom Elixer" is mixed with prescription drugs, other nonprescription drugs or alcohol.

When faced with an emergency situation, one has but a split second to respond. Darting children, or avoiding an impaired driver, or a puppy in the roadway, is challenging all by itself. But when you add to the mix, a substance or substances that slow your reaction time then you have a recipe for disaster. For those of you who may be interested, this link will allow you to test your reaction time both before and after being medicated. I am sure that you will find the results interesting, if not frightening. Reaction Time Test.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Personal Injury Prevention

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Yesterday, an Alamo, Tennessee off-duty police officer was driving by a daycare when he noticed smoke coming from the building. Without regard for his own safety, the officer rescued three children from a fire that has been tentatively determined to have been started by a space heater. The most severely injured child was airlifted to Memphis for treatment of burns. Whether or not the space heater was a dangerous or defective product or the fire was started due to consumer error, remains to be determined.

Trial lawyers deal with these sorts of issues on a daily basis. However, regardless of the cause of the fire, the absence of the daycare owner at the time of the fire could subject the facility to paying damages. Fire cases are a peculiar blend of facts and science. I have handled many of these cases through the years in most parts of West Tennessee and the surrounding area. It is also unusual for a fire to be discovered as was this one:

From 1990 to 1997. 57 children died as a result of daycare fault according to a recent study by the U.S. government. 13 million children are placed in non-parental daycare each year. Similarly, 25,000 residential fires are caused by space heaters each year resulting in 300 deaths according to another national study by the United States Consumer Product Safety Commission.

The joinder of these two "accidents looking for a place to happen" can be deadly. Should one of your loved ones or friends suffer harm from either or both of these dangers, consult a qualified and experienced trial lawyer. We can help.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Insurance Claims , Premises Injuries

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The golden years are supposed to hold a time for Memphis elders to enjoy the fruits of their labors. As we age, and we all do, many Mid Southerners become caretakers for their elderly parents. This can result in being required to deal with Tennessee nursing care facilities. A sad sign of our times, remains the abuse of our senior citizens by those into whose care we place our mothers and fathers. Recently, trial lawyers have come to know just how horrible these situations can become. In Jackson, a Mississippi nursing home worker has been charged with abuse of her elderly patients. Due to modern technology, some of these incidents have been caught on camera, as you will see below:

In a recent study of 35 complaints of nursing home or elder abuse, some startling results were uncovered. It was found that the most common victim of this deviation from the reasonable expectations of care was a 76 year old white female. African American women of the same age were equally likely to be at risk, as well.

In response to these issues, Tennessee has established the Abuse Registry. Tennessee law defines abuse or neglect rather specifically. This link will allow you to both investigate and report incidents of neglect or abuse of your friends and family. In the event that you become convinced that abuse has occurred, please consult a trial lawyer who has experience in protecting the rights of those who are so vulnerable and unprotected. We can help.

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Posted In: Car And Personal Injuries , Insurance Claims , Premises Injuries

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As a Memphis trial lawyer, during the holiday season, I see many Tennesseans who have become ill due to food poisoning. This is, more properly, an illness that arises from a food borne pathogen. In private homes, restaurants and schools, special goodies will be prepared and stored. Many of these products can become the source of "food poisoning" (aka Montezuma's Revenge). While some can die from salmonella and others, most victims just feel as though they wish that they would die so that they can feel better. There are ways to protect your family from these stomach-wrenching conditions.

What follows, are some methods to prevent the growth of the micro-organisms which cause these illnesses.

Having been reminded of how to prevent the conditions, next we turn to the signs and symptoms of this group of conditions, when prevention fails.

I can assure you that no one loves to eat more than I. I can also assure you that eat, drink and be merry, is my holiday motto. Yet, what with food recalls (even chocolate Teddy Bears for goodness sake!) and food borne illness issues, I will still be cautious of what I eat and where I drink and with whom I am making merry. Happy holidays to all!

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Insurance Claims , Premises Injuries

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When a new client approaches me to handle their Memphis personal injuries resulting from a careless Tennessee truck driver, I always try to fully and carefully investigate each matter personally. Sometimes, this involves more than just going to the scene in order to get the facts "in my head". Of course, the earlier that the investigation is begun the better for a Mid South person who has suffered a personal injury.

I can guarantee you that the trucking company will have someone on the scene to protect their interests before the tires have stopped smoking. However, since the early 1990's cars and trucks as well have a device that is essentially the same as the "little black box" that is installed in commercial aircraft. For example, the following video illustrates not only the importance but the value of a thorough investigation:

Technology can help a careful analysis of a crash to focus on the issues of fault and the responsible parties for that fault. However, the "black box" is not the only tool that is available to a well prepared and knowledgeable trial lawyer. Since September 11, the Department of Homeland Security (nationally) and the Tennessee Department of Transportation (locally) have installed literally hundreds of video cameras across our roads and highways. In Tennessee, the Smartway program has provided access to a real time record of crashes that can be accessed to help prove a case. Remember though, these videos are not kept forever, so an injured person must move swiftly in order to protect their future safety and security.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Insurance Claims , Trial Practice

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In late 1972, President Richard Nixon and Chief Justice Warren Burger conferred via telephone on two cases pending before the United States Supreme Court on which Burger sat at that time. For trial lawyers, whether it be in Memphis, Tennessee or elsewhere, such conversations are completely inappropriate. The bench, the bar and the public have all suffered harm from the perception that lawsuit deals are cut in dark backrooms. I have never seen any evidence of this in my over 30 years of trying civil and criminal cases in Tennessee and the Mid South.

Now, we have evidence that the United States Supreme Court was influenced, or an attempt was made to influence, the outcome of matters pending before the Court. Miller vs. California was not decided until months after this conversation between Nixon and Burger. In the same tape recorded conversation, Nixon and Burger agreed that a decision on certain upcoming civil rights cases should be decided "as far down the road" as possible. Had something like this occurred in Memphis, it would have required both the Judge and the lawyer (Yes, Nixon was a lawyer in California.) involved to report this event to their ethics boards as a potential ethical breach of the ethics rules for both lawyers and judges. See, Code of Judicial Conduct i.e. A judge should not allow family, social, or other relationships to influence judicial conduct or judgment.

Let us suppose, for example, that I was involved in a personal injury case which was yet to be tried by Judge Ajax. Let us further suppose that in a casual conversation with the Judge I mentioned that Shelby County would be far better off if the case was tried as far down the road as possible. Judge Ajax then agreed. What follows is a snippet of the conversation that we have just discussed between Nixon and Burger. Does this indicate fairness and avoiding even the appearance of an impropriety? You be the judge.

Listen to the tape recording

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Trial Practice

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Chess nuts roasting by and open fire. The yule log all aglow. Sounds inviting, doesn't it. However, if your Memphis chess nuts are roasting by the fire from your living room couch, the picture is not quite so cozy.The National Christmas Tree Association estimates 36 million trees are sold each year. Christmas trees are involved in about 400 fires annually, resulting in 10 deaths, 80 injuries and more than $15 million in property damage.

The figures for Tennessee are shockingly similar. As a Shelby County trial lawyer who handles fire cases, I can tell you all that there is no more gruesome image than that of a horribly burned child or elderly adult. For example, 16 people were killed in Tennessee in 1989 during a single fire incident at a Johnson City Nursing home. It is amazing and frightening to see how quickly a Christmas Tree fueled fire can spread, as this video shows:

Rather than face a wall of flame, one must take a few simple precautions. The American Academy Of Pediatrics has a few common sense ideas on holiday safety or (en espanol). During this joyous time of year, we can only hope that our future is bright and that our precious families are safe and secure. Happy Holidays to all of you.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Insurance Claims , Premises Injuries

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It was Tuesday. I was working the day watch in Child Delivery and Trial Practice; East Memphis Precinct. The boss is Comandante Mom. My partner is Zachary. We had left the Memphis station house at 0715 a.m. and we then proceeded to our first drop. It was a cool, clear crisp morning. The kind rarely seen in Memphis. As I watched Zach enter point Middle School, I realized that I was on solo patrol. The very thought of it made my blood run cold with anticipation. Sweat began to bead on my forehead as I ran through the rules of engagement for the rest of the watch:

Proceed from initiation point Alpha to the the Downtown Precinct. Once there gather the needed equipment for a forced entry at the Department of Safety. Then proceed to point Bravo for a deposition exercise. The final leg of today's patrol was the dangerous and minefield laced route I-240 back to East Precinct. An orderly and well planned mission, it was. But, it was not to be.

After departing point MS in route to Point Alpha, I slowed my brand spanking new MX-5 for a convoy of HumVee Mom's to pass. I felt a sudden stiff jolt from behind. Once I assured myself that it was not an RPG, I turned and saw that another vehicle, code name Zulu, had struck me from behind. I pulled onto a side trail, fully expecting Zulu to follow me so that we could exchange classified indemnity information. To my shock and awe, Zulu sped from the scene without exchanging international recognition codes.

Pulling my self together, I followed Zulu in hot pursuit until such time as I could visually confirm Zulu's license plate number; a journey of some 3 clicks. I then discontinued pursuit and signaled the M.P.'s for assistance.

As I waited for the cops. my neck, low back and shoulders began to ache. A pain began to shoot down my left arm. After completing my rendezvous with the Military Police, I proceeded to the nearest MASH unit for treatment. The MASH (BHMEC) saw me with dispatch and prescribed medications for a sprained neck and muscle spasms which were to be filled at my local drug care provider. Subsequently, after having turned in the script for fulfillment, I returned to Station Walgreen's to collect my ration.

Following 72 minutes of further investigation, it was learned that a. MASH had prescribed appropriate medications for my injuries, but the prescription as written was not in my name; b. Station Walgreen's had filled the medical order properly but in the wrong name. This error resulted in the personnel at Station W being unable to locate my ration. The results of this operation are summarized as follows:

1. There is at least one driver in Memphis being sought by the MPD for leaving the scene of an accident.
2. My MX-5 is not intended to be smashed from behind.
3. The most well trained MASH can put the wrong patient ID sticker on a prescription.
4. Miss-identifying a patient on powerful drugs can cause further injuries to the patient, or worse.
5. Memphis Injury Lawyer has days when he should have stayed in bed.

Over and Out.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Trial Practice

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Last week a North Memphis family reported that a neighbor's two pit bulls entered their home and attacked them. Memphis has seen her citizens mauled to death by pit bulls in the past. As a trial lawyer who regularly practices in all Shelby County courts, I have seen my clients injured by dogs on occasion. However, as a dog lover myself and a Tennessee resident, I wondered whether or not some breeds of dogs were more likely than others to attack Memphis residents.

For example, in 1990 Betty Lou Stidham was attacked and mauled to death by two pit bulls in a quiet Memphis neighborhood. In this case, the dogs had a history of violent tendencies. They had previously attacked their owner sending him to the Emergency Room of a local hospital for treatment of his injuries.

Jefferey J. Sachs, M.D., MPH for the United States Centers for Disease Control studied various breeds that had injured or killed people. In Sachs' article, he analyzed many breeds of dogs that had attacked people over an extended period of time. This article is best summarized by a Chart of Bites by breed that is a part of the results of the study. As you can see, far and away the most dangerous breed was the pit bull. For example, animal control officers must approach this breed with the following event in mind:

In response to these kinds of situations, the Tennessee Legislature in 2007 amended the existing laws respecting animals that are likely to cause harm to others. Under T.C.A. 44-8-413, new standards were set with an eye towards protecting persons and property from the dangers we have seen above. The law requires owners to keep their animals under "reasonable control" and to prevent them from "running at large". The most interesting feature for lawyers, and perhaps the injured, is that the owner can be liable even if the dog has never shown violent or dangerous characteristics prior to the event in question. This new act may well protect a valuable asset: our peace of mind and our future safety.

Posted by William M. Monroe | Permalink | Email This Post

Posted In: Car And Personal Injuries , Insurance Claims , Premises Injuries

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