Tennessee Injury Attorney Blog

Published on: December 27, 2013

Maryville and Knoxville Tennessee, Celebrate Responsibly While Ringing in the New Year, Don’t Drink and Drive

2014 is only a few days away and it is time to say goodbye to 2013. Many Knoxville and Maryville residents will mark the event by watching Dick Clark’s New Year’s Rockin’ Eve with Ryan Seacrest. However, the more social among us may want to ring in the new year with other people. There is no shortage of fun and exciting things for both families and adults do in Knoxville. Our car accident attorneys wish everyone a safe and wonderful new year.

According to an AP-Times Square New Year’s Eve Poll, 54 percent of us will be celebrating at home, while 1 in 5 will be at someone else’s house, and 8 percent will go to a bar or organized event.

For a small taste of things to do and see for your New Year’s celebration in Knoxville:

Couples who wish to dress up and dine on a 1920’s themed dinner prepared by local favorite, Holly Hambright, can attend the New Year’s dinner at the Candoro Arts & Heritage Center.
Catering to the aquatically adventurous, the Volunteer Princess offers a fabulous cruise down the Tennessee River while enjoying a full bar and live music.
For families with children, they can celebrate at noon on the 31st at the East Tennessee Discovery Center. There will be a ball drop with confetti. Children can enjoy the play spaces including the newly unveiled Imagination Playground.
Want to enjoy bringing in the new year with a soulful local band, see the Dirty Guv’nahs play at the Tennsseee Theatre.
For the healthy, you can do a New Years 5k run on January 1.

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Published on: December 18, 2013

Tennessee Service of Process and the Statute of Limitations in Personal Injury Cases — Cristy Irene Fair v. Stephen Lynn Cochran

By Mark Hartsoe

If you have a Maryville or Knoxville personal injury case, you are encouraged to speak with an experienced personal injury attorney who understands the methods, practices, and procedures of the civil court system. It can be unfortunate to have your personal injury case dropped or encumbered by a technical error.

Recently, in Fair v. Cochran, the Supreme Court of Tennessee ruled whether service of process without proof of service would preclude a plaintiff from using commencement of a lawsuit to satisfy the statute of limitations. Service of process ensures that all parties have been timely notified of a lawsuit. In Fair v. Cochran, the plaintiff, Ms. Fair, brought a personal injury lawsuit against the defendant, Mr. Cochran, claiming negligent operation of a vehicle causing a motor vehicle accident in August 2009. The plaintiff filed her complaint in Knox County in December 2009 within plenty of time for the one-year statute of limitations. The plaintiff hired a process server who claims the defendant was served process at the defendant’s residence in December 2009. However, the process server inadvertently failed to notify the court with a proof of service. Proof of service was not filed until January 2011.

In January 2011, the defendant requested that the lawsuit be dismissed since he claimed he had never been served process, and the one-year statute of limitations for the claim had passed. The trial court dismissed the case, and a Tennessee Appellate court affirmed, stating that Tennessee Rule of Civil Procedure 4.03 required the return of proof of service within ninety days of the summons. They held that the failure to give proof of service precluded the plaintiff from using the commencement of the lawsuit, filed in December 2009, to satisfy the statute of limitations.
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Published on: December 11, 2013

Tennessee Court of Appeals at Knoxville Limits Expert Testimony in Medical Malpractice Case — Ike J. White, III v. David A. Beeks, M.D.

By Mark Hartsoe

Last week a Tennessee Court of Appeals issued a ruling limiting expert testimony in an informed consent case. A failure to obtain informed consent is a type of medical malpractice case where a medical professional breached his or her duty of care by failing to get consent from a patient to perform a medical procedure that caused the patient harm. if you have been injured by a medical procedure, you should contact a medical malpractice attorney.

The requirement that a physician obtain informed consent emanates from the ethical principle in medicine to protect the privacy and personal autonomy of an individual patient. A medical professional must inform patients of their medical diagnosis, the nature and reasons for obtaining a medical procedure, and the risks involved with the procedure. Unless there are special circumstances, a physician may not treat a patient without first obtaining his or her consent. If a patient is injured and the medical professional failed to get informed consent, the patient has grounds for a medical malpractice case.

A medical practitioner does not need to disclose every tiny detail or possible risk involved in a medical procedure. However, the medical professional must disclose the risks and information that a reasonable physician in the same practice and under the same circumstances would have disclosed. In order to prove what a reasonable physician would disclose, the patient can bring expert testimony from another medical professional. The question before the court was whether the plaintiff’s expert at trial should have been allowed give testimony covering all the risks involved in a procedure or only those risks that actually resulted in an injury.
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Published on: November 27, 2013

Supreme Court of Tennessee Affirms Non-Economic Damages for Child’s Car Accident Injuries — Meals v. Ford Motor Co.

By Mark Hartsoe

Recently, the Tennessee Supreme Court reinstated a $43.8 million award in damages to a six-year old boy who was paralyzed in a car accident. A court of appeals had previously remitted the trial court’s award by 70%.

Child Paralyzed from Seatbelt
In Meals v. Ford Motor Company, the plaintiff, a 6 year-old boy, had suffered severe abdominal injuries and paralysis after a car accident. The young boy was riding in the back seat of a Ford Mercury and had been buckled, but the boy’s father placed the shoulder strap behind the boy’s back because it ran across the boy’s face. While driving on the interstate, another driver, under the influence of alcohol and cocaine, ran head on into the Ford Mercury. Because the shoulder strap was behind the child, the child’s body jackknifed over the lap belt, violently pushing the belt up into the child’s abdomen causing severe abdominal injuries, a collapsed lung, loss of a portion of his small intestines, a brain injury, a cracked skull, and a dislocated spine leaving him permanently disabled from the waist down.

Trial Court Awards $43.8 Million
The child brought a suit against several parties including a products liability claim against Ford motor company, because of the faulty design of the safety belt. At trial, the jury ruled that the drunk driver was 70% at fault for the accident, the father 15% at fault for improperly belting the child, and Ford Motor company 15% at fault for the faulty design of the safety belt. The jury awarded damages in the amount of $43,800,000 of which Ford’s share was $6,570,000.
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Published on: November 20, 2013

Two Year-Old Knoxville Child Recently Bitten By Dog

By Mark Hartsoe

When we think about dogs, we normally imagine our pets, the dogs we have adopted into our families. Most dog owners would never even consider that their dogs may be dangerous to others.

Unfortunately, not all dogs are friendly, and dog bites, though rare, do happen. A dog bite can be very dangerous, leaving victims severely injured and psychologically traumatized. When the attack involves a small child, these injuries can be compounded. If you or someone you know has sustained a personal injury due to a dog bite, you may want to contact a dog bite attorney.

Knoxville Child Bitten by Dog

Recently, the Knoxville News Sentinel reported that a two year-old girl sustained severe injuries after having a portion of her face bitten off by her babysitter’s dog. The child’s mother was picking the child up from the babysitter’s residence when the incident occurred. The babysitter’s dog had been locked in a separate room and the mother asked the babysitter to let the dog out to play with her daughter. The babysitter initially refused, asserting that the dog was not friendly towards children, but the mother insisted. The child and dog were sitting on the floor when the dog bit the child. According to the Knox County Sheriff’s Office, this is the second time since October that deputies responded to a call about the same dog biting a young child.
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Published on: November 13, 2013

Third Time in a Year, House at Dangerous Maryville Intersection Struck by Car

By Mark Hartsoe

On Tuesday, a house at the intersection of North Houston Street and West Lamar Alexander Parkway was hit by a car for the third time in a year. According to the Maryville Daily Times, a Honda Odyssey minivan ran into the house after colliding with a Toyota Sienna minivan at the intersection.

The Sienna was entering the intersection after stopping at a stop sign when the Odyssey struck the Sienna. The Odyssey then ran off the road, down an embankment, and into the house. Officials have reported that the intersection is problematic, and they have had respond to several accidents at this particular intersection over the last few years. According to neighbors, the number of accidents at the corner has increased significantly since Lamar Alexandar had been expanded into a four lane parkway.

Neighbors have contacted several news outlets expressing their concern about the intersection. With the high incidence of accidents, the worry revolves around the dangers posed to local residents. The home owner states his house has been hit five times, and his porch has been damaged after each accident. Officials only have three reported accidents involving the house. Meanwhile, the home owner had just finished fixing his porch from the last accident. The home owner and neighbors want to have a traffic light placed at the intersection.
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Published on: November 6, 2013

The City of Knoxville Not Liable for Tree Falling on Public Street

By Mark Hartsoe

According to a Knoxville News Sentinel report, the city of Knoxville is not liable for a falling branch from a tree planted on the real property of a private landowner that fell onto a Knoxville street and killed a motorist. The Tennessee Court of Appeals ruled that, pursuant to the Governmental Tort Liability Act (“GTLA”), Knoxville is immune from the lawsuit.

Family members brought lawsuits on behalf of the motorist against both the property owner of the tree and against the city. The suit against the property owner was allowed to go forward on a premises liability basis. Under premises liability, a property owner has a duty maintain trees on their property to make sure they are reasonably safe. If you or a loved one has been injured by a falling tree branch or other unsafe condition, you are encouraged to immediately contact a local attorney with experience handling premises liability cases.

However, when the death or injury from a falling tree branch happens on public property, as in the Knoxville death, bringing a premises liability case may be more complicated since governments enjoy protection by what is called “sovereign immunity.” Under sovereign immunity, certain kinds of lawsuits cannot be brought against a governmental entity unless the sovereign immunity has been waived. This may be a surprise to some people; nevertheless, there are strong justifications for sovereign immunity that help protect innocent citizens. For example, when a city is sued, the city may have to raise taxes on its residents, who were not directly involved, to pay for the lawsuit. This doesn’t happen with corporations because corporations enjoy limited liability. If the street had been owned by a corporation, the victim can only claim corporate assets and cannot force the corporate shareholders to pay more. Lawsuits against municipalities can create an onerous burden on the city and the taxpayers having to continually fend off these kind of lawsuits.
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Published on: October 30, 2013

Motorcyclist Killed In Tragic Maryville, Tennessee Car Accident

By Mark Hartsoe

Motorcyclists encounter more hazards on the road than other vehicles. When driving any motor vehicle, be cautious of other vehicles on the road. Drivers have a duty of care to drive safely and avoid accidents. Unfortunately, some drivers may not be cautious and may breach this duty of care. If a driver breaches this duty and causes injury to a motorcycle driver, the motorcycle driver may have a negligence claim against the driver. If you or your motorcycle have been damaged by the negligent acts of an automobile driver, you are encouraged to speak to an attorney about a potential lawsuit. You will need an attorney who is experienced with motorcycle accident cases.

On the 20th of October, a local Maryville woman, driving a 2005 Harley Davidson, died following a motorcycle accident at the intersection of Bessemer Street and McCammon Avenue in Alcoe. This is a dangerous intersection in Alcoe because there is oncoming traffic from both directions. Knoxville News, reported that the motorcycle had been headed eastbound on Bessemer Street when the driver of a 1998 Ford F150 pick-up Truck pulled in to the intersection from McCammon Avenue. The driver of the pick-up failed to yield to oncoming traffic causing the Harley Davidson to run into the truck. Officers do not believe drugs or alcohol were involved. According to reports, the sun may have blinded the truck driver causing the driver to not see the Harley Davidson. The motorcycle driver was wearing a helmet; however, sadly, she was killed immediately.

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The motorcycle fatalities from traffic accidents reached record levels in 2012. A Governors Highway Safety Association has reported that motorcyclist traffic fatalities have increased in the United States by 9 percent in 2012. From 1997 to 2011, motorcycle fatalities from vehicle accidents have more than doubled nationally from 2,116 to 4,612 while the total fatalities from all traffic accidents have dropped 23%. When a motorcycle driver is injured or killed in a traffic accident, in order to bring a negligence lawsuit, the motorcycle driver will have to show that the vehicle driver breached a standard of care. The motorcycle driver will have to prove that a reasonably prudent person would not have acted in the same way.
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Published on: October 23, 2013

Important Halloween Safety Tips For Maryville, Tennessee Revellers

By Mark Hartsoe

Fall is here, the trees are turning bright colors, and the Maple Lane Farms corn maze has opened to the public. This time of year the stores fill with decorations in anticipation of the coming holidays. Additionally, the first holiday on the list is Halloween. This annual tradition brings up childhood memories of Halloweens past as parents try to create lifelong memories of candies and costumes for their children. During Halloween, some of us will stay home to greet the trick-or-treaters, some of us will attend Halloween celebrations, and some of us will take our own children on the annual rite through Maryville’s neighborhoods.

However, with all the fun and celebration, Halloween does come with some potential hazards. Zombies and vampires aren’t the only scary things associated with Halloween. It’s unfortunate that no matter how hard we try to keep our children safe, other people aren’t as cautious. With the adult celebrations some drivers may irresponsibly test their luck by driving while intoxicated.

According to Safe Kids Worldwide, a child is twice as likely to be injured on Halloween than any other day of the year. And the NHTSA has concluded, for pedestrian related vehicle accidents, that Halloween is the second deadliest day of the year, only followed by New Years Eve. Car accident injuries and fatalities are physically and emotionally painful especially when they involve children and holidays.
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Published on: October 16, 2013

Nursing Home Report Card Gives Tennessee A Barely Passing Grade

By Mark Hartsoe

It has been frequently stated that a society should be measured by the quality of care it gives to its youngest, sickest, and oldest citizens. According to a recent Nursing Home Report Card from Families for Better Care, Tennessee was given a D in overall nursing home care. Tennessee Nursing homes ranked 47th in staffing. This is a disturbing ranking, given nursing home abuse or neglect frequently occurs when facilities lack proper staffing. If you or a loved one have been the victims of nursing home abuse or neglect due to improper staffing, you are encouraged to contact a local personal injury attorney with experience handling nursing home abuse or neglect cases.

The Nursing Home Report Card does a state-by-state analytical comparison ranking the quality of nursing home care. The purpose of the report card is to laud those states providing quality nursing home care while pointing out states with poor quality to encourage additional accountability. Families for Better Care states, “Tennessee is among the poorest staffed nursing homes states in America as the state overwhelmingly failed every staffing measure.” For the region, Tennessee ranked second to last in what the report characterized as the woeful Southeast Region.

Sadly, there are many people in Tennessee that are unaware of these statistics, and most people only find out when it hits close to the family.
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