Memphis Injury Lawyer Blog

Falls can be crushing for men and women, not to mention the heavy impact on their Memphis families. I recall a case a few years ago when my client fell 6 feet from a scaffold striking the back of his head on the edge of a steel plate. This incident brought to me the weighty obligation of a trial lawyer. My client was rendered a paraplegic and the future welfare of his wife and kids became my responsibility.

Yesterday, Memphis Fire Department crews rescued two men who fell inside a silo at an asphalt company on Presidents Island. According to fire officials, it happened around 3:30 p.m., Thursday, January 29, 2009, in the 1900 block of Wharf Street at Channel Avenue. Officials say the two men were working on some scaffolding when it collapsed and they became trapped in the silo at Ergon Asphalt Company.

An article in the Journal Of Safety Research in 2003 studies work related deaths due to falls from scaffolding for the period on 1992 through 1999. The study considered 339 deaths. For the 6 years considered, 56 workers died each year from these necessary construction appliances. This computes on average to over a death a year for every state in the United States. As most of these catastrophes were avoidable,OSHA regulations became tighter.If you or a loved one works with these lifts, scaffolds or platforms please remember the lessons learned in the following video. If an injury occurs, please consult with an experienced trial lawyer. We can help.

Sunday, a Grand Casino bus crashed near Tunica when it was involved in a collision with a private car.Yesterday, a Munford school bus was involved in a rearend collision. In the last five years, I have been involved in several bus cases that required the services of a Memphis trial lawyer. These cases involved serious injuries and deaths. Some of the losses were horrible. These matters have caused me to investigate bus safety in both Tennessee and the United States, as a whole.

In a recent eurpopean bus crash safety study a careful analysis was made of not only seat belt use but also seat placement issues and their impact on rider safety. Use of a 3-point belt system was recommended to prevent the contact between passenger head and seat back in front in most cases. The use of a 2-point belt system produces a higher neck extension risk for a frontal impact than a 3-point belt. Attention must be paid to the correct restraining of children.

Effective in April of 2009, new government regulations on seatbelts in buses will come into effect. These new rules will require torso belts which were one of the types examined in the european study. The hope is that when the 2011 deadline for implementing these requirements for all newly manufactured buses come to pass that injuries from bus related crashed will decline. Special emphasis is required to protect our children when they have been placed into the care of our school systems as the following video demonstrates:

Each year Memphis trial lawyers deal with children who are maimed or killed by the single most dangerous machine in Tennessee: the automobile. Our personal injury law firm recently represented a family whose young son was struck by a car which resulted in the young man being thrown over 30 feet into the air before he landed near the middle of Lamar. The Memphis driver was an elderly gentleman who simply failed to see the boy crossing the street.

According to the National Highway Traffic Safety Administration (NHTSA) there were 4,749 pedestrian fatalities in 2003 in our county. The 0-14 age group accounted for390 (8 percent) of those fatalities, and 65 percent of the pedestrian fatalities in this age group were males.In addition to the pedestrians under 15 years old who died, 17,000 were injured in motor vehicle crashes. These young pedestrians accounted for 24 percent of the total pedestrians injured in motor vehicle crashes in 2003.Almost one-fifth (18 percent) of the traffic fatalities in the 0-14 year age group were pedestrians.

During the same time period, according to the MPD, our local situation was no better:
Memphis fatal accident list for 2003:

* Fatal accident count: 80
* Vehicles involved in fatal accidents: 128
* Fatal accidents caused by drunken drivers: 3
* Fatalities: 90
* Persons involved in fatal accidents: 225
* Pedestrians involved in fatal accidents: 27

In the face of these findings, Memphians continue to fly through school zones as though our children's lives did not hang in the balance.

We hope that your children remain safe and secure going to and from school. However, it is the parents who owe a duty of reasonable care to the children. If this duty is not met, make sure that your child's rights are protected.

School teachers have daily contact with our children. Almost all of these under paid educators are not only molding our young, but are protectors of them as well. Sadly, as a Memphis trial lawyer who tries cases all over our state, I have seen predators in sheep's clothing: teachers who rape their students. Whether this abuse is by consent of the child, the physical contact is not only criminal battery but it is also grounds for a civil lawsuit. But, not all situations are the same in all states. A Washington state appeals court has recently decided that their criminal law of rape of a child by a school teacher was only designed to protect students who were under the age of 18.

This issue is not isolated from the mid-south. A Sumner County school teacher has been arrested for allegedly having sex with several of her students who were under 18 at the time of the supposed conduct. Whether this woman (who must be presumed innocent until proven guilty beyond a reasonable doubt) is found guilty or not, the situation does highlight the problem for all of us.

Tennessee sexual battery by an authority figure law and Tennessee rape statutes both provide ample authority to punish those who take advantage of their positions of trust. In Memphis,if a child is sexually abuse by a teacher-predator, the law is there to deal with the situation from the criminal law perspective. However, such a convicted teacher can also be sued in civil court for the horrible injuries that result from such conduct:

CIVIL 8.02 Definition—Battery
A battery is any intentional, unlawful, and harmful [or offensive] physical contact by one person with another person. The intent required for a battery is not an intent to cause harm. It is an intent to do the act that causes the harm.
CIVIL 8.03 Right to Recover
A plaintiff who has suffered any bodily harm legally caused by a battery by a
defendant is entitled to recover damages from the defendant for that injury.

So if the wrongful physical contact is sexual or if the offensive behavior is hitting a child, there is a remedy. These types of violations do occur and parents need to be aware of what can be done so that another child does not fall victim.

If you are injured in a car wreck; have a contract dispute that winds up in court; or are an accused in a criminal case, a Memphis or Tennessee trial lawyer could not only represent you, but could also be a member of your jury. That is, if the trial lawyer doesn't have a bad case of body odor or if perhaps he or she may have already formed an opinion on the case. In a recent Massachusetts appellate court ruling, the trial judge was upheld for removing a juror because she had a case of felony body odor:

"There was a juror seated in seat No. 10, juror 6-5, . . . who I'd made inquiry of earlier. And I just want the record to reflect, I guess, to be blunt, [the juror], for whatever reason, had some very bad, I guess to be blunt again, body odor, which was extremely strong, and I was able to detect in my lobby, as was the clerk, which is a personal matter for that potential juror, but for the fact that her personal problem was [of] such a magnitude that other jurors who had already been picked . . . either by act or words had indicated discomfort with that problem." I know that this humorous example is extreme, to say the least, but some rather wild excuses have been tried in several cases both in Memphis trials and around the country.

In the Chicago R. Kelly trial, let's see what some creative citizens tried:

1. I have a teenage daughter. Several axed jurors provided this explanation for why they couldn't give Kelly a fair trial. "I would have a hard time see anything involving a child without thinking of my child," one man said.
2. I save lives. An oncologist was excused from duty after he told the judge that jury service would create a logistical nightmare for his patients.
3. I'm a cop One Niles police officer lasted only about two minutes in the interview room before he was dismissed because of his profession.
4. I'll change my vacation plans. Overeagerness to serve on the jury is a definite red flag to attorneys. When one man offered to rearrange a trip to see his parents, the prosecution bounced him for being starstruck.
5. I'm getting married! The judge dismissed one woman whose wedding was set for the end of June. He didn't believe she could concentrate on the trial amid all the pre-wedding prep. The woman, who sported a nice size diamond on her left hand, looked thrilled to be released.
6. Please call my mom When one juror failed to show up for service, deputies called his house and his mother answered. She told the court that she didn't know where her son was and that he hadn't been "right" since he was shot in the head a while back. The judge and attorneys agreed to let him off the hook.
7. I blame R. Kelly for Sept. 11. When the judge asked one prospective juror about his feelings regarding Kelly, he cryptically answered: "R. Kelly may have led the Taliban in attacking us on 911, but you can't prove it." You're right, we can't. In fact, we're fairly certain that no one has ever tried.

Juror selection or voir dire ( latin for "speak the truth") is probably the single most important part of trials. It is an art and not a science. The pool of potential jurors is first qualified for service based upon the language of the new statute. The Shelby County Jury Commissioner, Clyde "Kit" Carson, administers the methods used to select a fair cross-section of those who are included as potential jurors for each term of both civil and criminal courts. We are fortunate to have such a knowledgeable and dedicated public servant. Kit has, as a result of years of experience, heard every possible excuse. Suffice it to say,that if you attempt to shirk your duty (and privilege) of jury service with the old excuse that "My dog ate my notice to serve." you will face not only our commissioner but also a Judge. Each panel is examined by a sitting Judge whose duty it is to call the balls and strikes concerning both the qualifications of persons to serve, as well as the valid exemptions from jury service. By the way, it is a crime in Tennessee to ignore your notice to appear for jury service.

Hot tea and lemon? Feed a cold and starve a fever? Vick's Vaporub may be dangerous? You have GOT to be kidding! According to a new study that was published in the medical journal, Chest, it might be harmful to use this time honored product on very small children. This article has created a wide range of reports on the web and elsewhere concerning this product.

At least trial lawyers will not be blamed (for once) for spreading the news reports. As a Memphis trial lawyer, I can tell you that one of my most vivid memories from childhood is the mixture of the aromas of homemade chicken soup and Vaporub. However, before we go off on a tangent, it is worthwhile to hear both sides of this issue.

On the Vick's Vaporub website, there is a page that details the proper use and ingredients of this product. Also, on the website is the response of Vick's to the publication of the article. I urge everyone to carefully consider the merits of both views of this subject. I have done so and it is my opinion that we should all adopt a wait and see attitude.

There are many well used products and natural remedies that have been called into question in recent years. Some doctors prescribe the remedy Saw Palmetto for prostate health. This remedy has existed for hundreds of years and still remains useful. Let's give Vaporub an even break with this remedy.

Trial lawyers, parties to lawsuits and the public at large, often hear about our crowded courtrooms and the "huge jury verdicts" that are handed down in our city and state. Frequently, these comments are followed by proposals to alter the jury system. Proposals that call for changes in the method and manner by which our courts are run and the way in which personal injury and death cases are evaluated by our neighbors who sit on Circuit Court juries.

As a Memphis trial lawyer, I can tell you that those who urge these changes are either miss-informed or who have a different agenda. But please, don't take my word for this thought. Instead, let us do something that is novel and unheard of in the news reports on this topic. Let's look at the facts.

Each year, as we recently reported, the Tennessee Administrative Office of the Courts issues an Annual Report of the filings and dispositions of cases in our state. It is also broken down by county.

In 2007 through 2008, 62,204 cases were filed throughout Tennessee and 61,890 cases were disposed of by the Circuit Courts. this indicates to me that there is not a tidal wave of filings as we are resolving almost as many old cases as there are new cases filed. Of these disposed cases only 351 matters actually went to trial by jury. Approximately 11,500 of the cases disposed of were probably personal injury or death cases that did not involve a claim of medical negligence or in other words approximately 18.5% of the cases. However, the most interesting figure for Shelby County is that only 22 personal injury cases went to trial in 2007-2008.

The average verdict returned by our juries was $89,260.00. And no, I did not misplace a comma nor omit a zero. In the law there is a latin phrase: Res Ipsa Loquitor. In english, this translates into "The thing speaks for itself." In this case, the facts speak for themselves. I rest my case.

Here we go again. Another child mauled by a Memphis pit bull dog in less than 30 days. On December 1st, we posted an article discussing the dangers and laws that Tennessee trial lawyers see all too often when representing injured people. It has been said that the best predictor of behavior is a look into the past. Sadly, another child has become a victim in Memphis, Tennessee.

In this most recent case, the attacking pit bull was a "stray". The Memphis Humane Society investigates animal cruelty reports in Shelby County. For example, there is the case of Fudge.

Fudge was found in a ditch on Fite Road. A citizen was driving by and saw him laying there and at first thought he was dead. Then she saw him raise his head. She turned around and came back. When she got out, he wagged his tail. She got him in her car and brought him to the Humane Society.

Fudge had numerous bite wounds, a broken toe on his right front paw, his gums were pale, he had open wounds all over his legs, and he was malnourished. He had to have his leg put in a splint to stabilize the break. We also had to bandage his many wounds.

He was put on antibiotics and pain medications. His feeding schedule had to be slow at first because he was so malnourished. It took 3 days for his gums to return to pink. He may always have a permanent limp where the break was.

Fudge is about a year old. It makes you wonder how many strays that become viscious were made that way by the dog-fighting underworld. Apparently, dog-fighting as a blood sport is reported in newspaper accounts as early as the 1700's in America. The American Society for the Prevention of Cruelty to Animals has investigated and reported this national disgrace for many years. Tennessee has very strict laws on abuse or neglect of animals. If you know of a case of animal cruelty or dog-fighting, call the Humane Society at 901-937-3900.

You may be saving your neighbors from injury or death. You may also be protecting the safety and welfare of a dog who would but for mistreatment be a loving pet and companion.

It never ceases to amaze personal injury trial lawyers, the variety of risks that Tennesseans are exposed to on a daily basis. Trial lawyers are prepared to deal with medical mistakes; foods that are dangerous to consumers and cars that are dangerous in one way or another. However, a very recent product recall has caught my Memphis trial lawyer eye. Yesterday, the Celeste Industries Corporation in conjunction with the Food and Drug Administration voluntarily recalled its "Simply SmartRemove" towelettes.

These seemingly harmless moist towelettes were distributed in the United States and Canada by the Holiday Inn Express hotel chain as free in-room amenities. If you have visited a Holiday Inn Express in the Memphis area or elsewhere in Tennessee and have used these products, then you need to be aware of your risks. These cosmetics removers have been found to contain pseudomonas aeruginosa. This germ is commonly found in hospitals and is especially dangerous to those folks who are already ill from some other cause or whose immune system is already weakened.

This bacteria is especially hard to treat as it is usually drug resistant. These infections are usually treated with two antibiotics at once. Pseudomonas infections may be treated with combinations of ceftazidime (Ceftaz, Fortraz, Tazicef), ciprofloxacin (Cipro), imipenem (Primaxin), gentamicin (Garamycin), tobramycin (Nebcin), ticarcillin-clavulanate (Timentin), or piperacillin-tazobactam (Zosyn). Most antibiotics are administered intravenously or orally for two to six weeks. Treatment of an eye infection requires local application of antibiotic drops.

If you or a loved one have used these small, foil wrapped amenities towelettes and have developed an eye or other facial infection, you should seek immediate medical attention. If you took (Dare we say it?) some of these products home, I would suggest that you do not use them. Contact information is included in the recall information highlighted in red in the first paragraph of this article. However, also take care if you have developed a broader infection such as pneumonia or a heart infection both of which can arise from this nasty little germ.

Trial lawyers represent a wide variety of clients. We prosecute claims on behalf of persons who think that they are entitled to compensation for wrongful conduct and we defend those who deny that they have caused any harm to another. In Memphis, our court's handle all manner of cases involving personal injuries or death. Included in this category are medical errors that may have caused harm to a person. These cases are referred to by Tennessee and Memphis injury lawyers as medical negligence or malpractice cases.

There is an idea among Tennesseans that there is a crisis in our state in this area of the law. A very recent newspaper article in a Murfreesboro newspaper indicates that this crisis is high on the agenda for the legislature this term. The reason for this concern has been said to be based upon the high costs of medical negligence insurance brought about by a huge increase in the number of claims of this type that have been filed when coupled with an increase in the amount of jury verdicts.

In both Memphis and Tennessee, the facts do not support this thought.

Beginning in 2004, the Tennessee Administrative Office of the Courts began tracking medical malpractice case filings and the results. As a Memphis trial lawyer I am not surprised by the results. The report for 2006 through 2007 is very revealing:

For fiscal year 2006-07, there were 584 medical malpractice cases filed and 416 cases disposed of under the medical malpractice reporting category. Fifteen of the 416 cases disposed of proceeded to trial. Monetary damages reported for these cases was $55,167.

Simple math and logic tells us that the average jury verdict in these matter is $3677.80 for the fifteen cases that were tried to a conclusion. This sum will hardly cause a financial ripple for doctors or their insurance companies. So where does the crisis come from? The American Medical Association has put Tennessee on its hit list for "tort reform" in order to subconsciously lobby our potential jurors for still lower awards. As a trial lawyer who has represented both the plaintiff and the defendant in cases of this type, I firmly believe that a fair jury does the fair thing. Far less than this can apparently be said about the AMA's position when it is viewed in light of the evidence.