Death Cases

October 6, 2015

Feel Free To Complain

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading

September 28, 2015

So More People Are Dying in Tractor-Trailer Accidents. What’s the Big Deal?

by The Law Offices of John Day, P.C.

This seems to be Congress’ position on the issue. Because in the past year, they have decided to weaken a number of important safety measures despite the fact that the death toll in truck-involved crashes has risen 17 percent from 2009 to 2013 (which is the most current data) and despite the estimated cost of tractor-trailer and bus accidents is roughly $99 billion dollars a year. Yes, that is billion with a B. And, that is just economic cost. It does not reflect the emotional suffering the victims and their families suffer as a result of these accidents. So, let’s take a look at just a few steps that Congress has taken in favor of the trucking industry and against the rest of the motoring public. Continue reading

September 22, 2015

Jail Time for Executive A Good Start

by The Law Offices of John Day, P.C.

Yesterday, Stewart Parnell was sentenced to 28 years in prison for conspiracy, fraud and other federal charges that related to knowingly shipping out salmonella-tainted peanut butter that sickened and killed people. And all I can say is: it is about time. It is about time that corporate executives who make reckless or knowing decisions that ultimately kill people receive jail time.

“Just ship it.” That was Mr. Parnell’s response when notified of the problem by a plant manager. To be clear, this was not a case in which a company was unaware of a problem with their product. To the contrary, Parnell and Peanut Corp. of America knew the peanut butter was contaminated with salmonella. In fact, they covered up positive lab tests and shipped it out anyway. The result: 9 people were killed and 714 were sickened. Perhaps, Parnell’s sentence will send a message to corporate executives across the country that public safety comes before profits. Continue reading

July 24, 2015

10 Things You Should Know If You Have An IVC Filter

by The Law Offices of John Day, P.C.

Litigation is underway against the manufacturers of IVC filters. In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc. If you have an IVC filter, below are 10 things you should know. Continue reading

July 16, 2015

Six Ways To Save the Life of a Motorcyclist

by The Law Offices of John Day, P.C.

Last year, 121 motorcycle riders were killed in Tennessee. And statistically, July is the most dangerous month for motorcycle riders. So now is the time to review steps that can be taken to help reduce the number of motorcycle accidents. Below are six ways you can help. Continue reading

May 18, 2015

Preventing Wrong-Way Accidents

by The Law Offices of John Day, P.C.

Wrong-way accidents are just as the name implies: an accident caused by another driver going the wrong way on a street, highway or interstate. Wrong-way accidents are not terribly common but when they occur they typically involve a fatality because the impacts are usually head-on and severe. In fact, more than 350 people are killed each year in wrong-way accidents.

By and large, wrong-way accidents involve a driver who is impaired by alcohol. So then, it will probably not surprise you to know that you are more likely to be the victim in a wrong-way accident at night and on weekends. You are also more likely to be involved in a wrong-way accident if you are driving in the lane closest to the median. Why? Because the wrong-way driver will typically move to the far right lane thinking it is the slow lane. Since they have been drinking, they choose this lane so they do not get pulled over for speeding. Finally, older drivers are over-represented in wrong-way accidents. Aside from cracking down on drunk driving, what can be done to prevent wrong-way accidents? Continue reading

May 12, 2015

Water Safety Month: Boating and Jet-Skiing

by The Law Offices of John Day, P.C.

Middle Tennessee has many wonderful lakes: Center Hill, Old Hickory, Percy Priest, Normandy Lake and others. Our family’s favorite is Tims Ford where we like to spend as much time as possible out on the water.

While boating and jet skiing are fantastic recreational activities, there are a number of laws applicable to both. Let’s review 10 of the most important: Continue reading

May 4, 2015

Water Safety Month: Dock Electrocutions

by The Law Offices of John Day, P.C.

For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.

Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock. Both accidents were preventable. So what can you do to make your dock safe? Continue reading

January 13, 2014

Two Reasons Why There Were Fewer Crash-Related Deaths on Tennessee Roadways in 2013

by The Law Offices of John Day, P.C.

While the numbers are only preliminary, the Tennessee Department of Safety has released the statistics on crash fatalities for Tennessee in 2013. The news is wonderful: traffic fatalities dropped from 1015 in 2012 to 988 in 2013. That is 27 families who did not suffer the pain and turmoil of losing a family member in a car accident.

The Commissioner for the Tennessee Department of Safety believes the improvement is related to stronger enforcement of seatbelt violations and DUI laws. State troopers issued 74,277 seat belt and child restraint citations in 2013, which is a 135.1 percent increase since 2010. Seatbelt enforcement is critical as unbelted occupants were 48.9 percent of the fatalities in 2013.

Similarly, Tennessee state troopers arrested 6,428 motorists for DUI in 2013, which is 90.4 per cent increase since 2010. In 2013, preliminary numbers reveal 211 people were killed in alcohol-related crashes in Tennessee.

June 26, 2013

Tennessee Wrongful Death – Can A Spouse Who Wasn’t Living With the Decedent File a Wrongful Death Lawsuit?

by The Law Offices of John Day, P.C.

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit. A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.