Personal Injury Law

Leading Tennessee Tort Cases - Damages - Prejudgment Interest in Personal Injury Cases

Posted on January 14, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.15 Prejudgment Interest in Personal Injury Cases The Case: Francois v...

Leading Tennessee Tort Cases - Damages - Personal Injury Damages

Posted on January 12, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.14 Personal Injury Damages The Case: Overstreet v. Shoney's Inc...

From Max Kennerly: Philosophy Explains How Legal Ethics Turn Lawyers Into Liars

Posted on January 07, 2011
This is one of the best articles I have read in a long time, coming from a man who I have cited often but never met:  Max Kennerly. A short sample: At these pre-trial events [hearings, pretrial conferences, etc.], the only thing stopping a lawyer from looking the judge in the eye and telling him or her an outright lie is that oath the lawyer made to the government years ago...

Leading Tennessee Tort Cases - Damages - Mitigation of Damages

Posted on January 07, 2011
 This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.13 Mitigation of Damages The Case: Memphis Light, Gas & Water Division v...

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Important Decision on Removal of Tort Cases to Federal Court

Posted on January 06, 2011
The U.S. Court of Appeals for the Second Circuit has ruled that the 30-day period  for removing a case to federal court does not begin to run until "the plaintiff serves the defendant with a paper that explicitly identified the amount of damages sought...

Leading Tennessee Tort Cases - Damages - Loss of Consortium (Personal Injury Cases)

Posted on January 05, 2011
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.12 Loss of Consortium (Personal Injury Cases) The Case: Hunley v...

Seat Belt Preemption Case Before SCOTUS

Posted on January 05, 2011
Oral arguments were heard two months ago in Williamson v. Mazda Motors of America, and when the United States Supreme Court decides the case we will have a better understanding of the law of preemption. At issue is whether a National Highway Traffic Safety Administration rule permitting the use of Type1 seat belts (lap belt only) in the middle seat of passenger vehicles preempts a claim by an injured passenger that the manufacturer should have installed a Type 2 belt (includes a shoulder harness) in the vehicle...

Lawyer Pay

Posted on January 04, 2011
Payscale.com has posted data on the pay for lawyers.  On average, associates with at least three years of experience earn $75,400 per year.  Lawyers with 10-15 years of experience earn an average of $123,000 per year.   Thanks to Lawyers USA for sharing this data.

Jury Selection Software for iPad

Posted on January 03, 2011
Are you an iPad user?  Here is a new app that facilitates jury selection.  Here is a video on how to use the app. Turn to Tablet Legal for more information about how to use the iPad in your practice.

Leading Tennessee Tort Cases - Damages - Loss of Consortium Claim for Death of a Child

Posted on December 31, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.11 Loss of Consortium Claim for the Death of a Child The Case: Hancock v...

Upcoming TBA Speech - January 5, 2011 Noon CST

Posted on December 29, 2010
I will be speaking on a Webcast seminar on January 5, 2011 at Noon CST discussing the developments in the law of notice and certificates of good faith in medical malpractice cases.  I will also discuss service of process issues after the decision in Hall v...

Leading Tennessee Tort Cases - Damages - Itemization on Verdict Form

Posted on December 29, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.10 Itemization on Verdict Form The Case: Overstreet v. Shoney's Inc...

Uninsured Motorist Article Published in the TBA Journal

Posted on December 29, 2010
The Tennessee Bar Association has graciously permitted me to write a column on tort law for many years.  I must admit that I enjoy writing these articles, although I must also admit that each time the calendar reminder pops-up on my computer reminding me of yet another deadline for yet another article a small groan slips out from my aging body...

Leading Tennessee Tort Cases - Damages - Impact of Death of Plaintiff After Verdict

Posted on December 24, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.9     Impact of Death of Plaintiff After Verdict  The Case: Duran v...

Food Safety Bill Close to Becoming Law

Posted on December 23, 2010
Bill Marler has shared this summary of the new food safety legislation with us.  Bill actively worked to get this bill passed. ... S. 510 is intended to respond to several food safety outbreaks in recent years by strengthening the authority of the Food and Drug Administration (FDA) and redoubling its efforts to prevent and respond to food safety concerns...

Leading Tennessee Tort Cases - Damages - Election of Treble vs. Punitive Damages

Posted on December 22, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.8     Election of Treble vs. Punitive Damages The Case: Concrete Spaces, Inc...

How to Wrap-Up a Cross-Examination

Posted on December 21, 2010
Once again, I feel compelled to share the good work of Elliott Wilcox at Winning Trial Advocacy Tips. Elliott reminds us that we lose the power of an effective cross-examination when we convene with co-counsel and the end of good cross.  He offers this tip: To take advantage of recency during your next examination, don't wait until the very end of your examination to ask for help...

Jurors on the Internet

Posted on December 20, 2010
The Internet provides all of us easy access to information, and it is no surprise to anyone that jurors are going there to get data during trials. This article from MSN reveals that "Reuters Legal, using data from the Westlaw online research service, a Thomson Reuters business, compiled a tally of reported decisions in which judges granted a new trial, denied a request for a new trial, or overturned a verdict, in whole or in part, because of juror actions related to the Internet...

Federal Judge Rules That Certificate of Good Faith Must Be Filed in FTCA Med Mal Cases

Posted on December 20, 2010
Judge Mays of the United States District Court in Memphis has dismissed a medical malpractice case filed against the United States under the Federal Tort Claims Act because the plaintiff did not file a certificate of good faith as required by T.C.A. Sec...

Office Move

Posted on December 17, 2010
After 10 years and almost 3 months in the same location, our firm is moving to a new office.  The new address is 5141 Virginia Way, Suite 270, Brentwood, Tennessee 37027.  The phone number remains 625.742.4880. Our landlord needed our space for the expansion needs of another  tenant and gave us the opportunity to move to another building it owned several blocks away...

Leading Tennessee Tort Cases - Damages - Election of Punitive Damages and TCPA Fees

Posted on December 17, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.7     Election of Punitive Damages and TCPA Fees The Case: Miller v...

Client Money in Lawyer's Trust Account Held To Be Asset of Client

Posted on December 16, 2010
The Oregon Court of Appeals has ruled that client money held in a lawyer's trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is  Dorszynski v. Department of Human Services,   Case No 20071851  (Oregon Ct...

Leading Tennessee Tort Cases - Damages - Damages for Lost Profits

Posted on December 15, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.6     Damages for Lost Profits The Case: Waggoner Motors, Inc...

Another Take On Litigation Funding

Posted on December 14, 2010
A couple weeks ago I wrote a post about the spread of litigation funding to divorce cases. Jordan Furlong has written a very interesting post on litigation funding and, in doing so, raises some real concerns about the future of the legal profession.  An excerpt: The fact that third-party litigation funding is flourishing, bumping up against the basic principles of the justice system, should be a grave embarrassment to the legal profession...

Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado

Posted on December 13, 2010
The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No...

Leading Tennessee Tort Cases - Damages - Damages in Cases Involving Death of Spouse or Parent

Posted on December 10, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.5     Damages In Cases Involving Death of Spouse or Parent The Case: Jordan v...

Juror Mistake Costs Plaintiff Money

Posted on December 09, 2010
Here is yet another example of an error in calculations by a jury that resulted in a less-than-intended verdict.   According to jury verdict expert Shannon Ragland this is a frequent occurrence. How do you protect your client from a similar result?   First, make sure the jury understands that it should award the entire amount of damages and not attempt to reduce them by the percentage of fault to the plaintiff...

Leading Tennessee Tort Cases - Damages - Damage Award in Excess of Ad Damnum

Posted on December 08, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 23.4     Damage Award In Excess of Ad Damnum The Case: Mohr v...

Litigation Funding - Its Not Just For Tort and Commercial Litigation Cases Anyone

Posted on December 07, 2010
The world of litigation funding has now found its way to divorce litigation. Here is another article in the same series that reveals the role of litigation funding in tort and commercial litigation cases.

Surveillance Videos Admitted Into Evidence Despite Claim of Unfair Prejudice

Posted on December 06, 2010
The United States Court of Appeals for the Fifth Circuit has ruled that a trial judge appropriately admitted surveillance videos of the plaintiff into evidence.  The videos were taken in a case where the quality of life of the plaintiff after the accident was "hotly disputed...

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