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In Auto Accident, Civil Litigation, Personal Injury

Medical Care After a Car Wreck

Been in an Accident? Next Steps for Your Medical Care.

We have clients who have been involved in an accident, whether a car wreck, slip and fall, dog bite, or other injury, and they often ask what they should do about medical care, and whether it will hurt or help their court case. Our answer is always the same:  you and your healthcare providers should make your medical care decisions based purely on what’s best for your health.  No claim or lawsuit should ever affect your medical care decision-making.

Many also have questions about what to do immediately after an accident.  Here are some frequently asked questions and our typical responses. However, remember that each case is unique, and our lawyers can help you navigate your individual circumstances. Call us today at (901) 372-5003.

Should I seek immediate treatment for injuries after a car wreck?

Yes.  It is best to seek prompt medical care so that your injuries can be properly evaluated by trained medical personnel.  According to DMV.org, it’s important to understand that you may have an … Read the rest

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December 22, 2015
In Business Litigation, Civil Litigation, Contracts, General

Construction Contract? Confirm Your Contractor is Properly Licensed First!

Construction Contract? Confirm Your Contractor is Properly Licensed First!

I spent a good amount of time one week working with a client to cancel his construction contract after learning that the contractor was not properly licensed to build his new house. What started out as an exciting time in this client’s life turned out to be a big mess.  I was eventually able to work out a solution with the unlicensed contractor, but not before he had hired legal counsel of his own.

In Tennessee, residential and commercial construction contractors are regulated by the Tennessee Board for Licensing Contractors.  Per the Board,

A contractor’s license is required prior to contracting (bidding or negotiating a price) whenever the total cost of the project is $25,000 or more.

For residential construction, licensed contractors may contract to build houses so long as the total cost of the project does not exceed the monetary limit established by the Board.  A contractor may apply to have his limit increased after submitting documents showing financial stability.

Frequently however, home builders enter into contracts with customers for … Read the rest

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November 16, 2015
In Business Litigation, Civil Litigation, General, Personal Injury

Put Up or Shut Up is Back

Put Up or Shut Up is Back

In what is generally viewed as a win for defendants in lawsuits, the Tennessee Supreme Court recently reverted to a more lenient summary judgment standard used by courts in Tennessee prior to 2008.  

A summary judgment motion is a procedural tool where a party (typically a defendant) can ask the court to “short circuit” a lawsuit by asking the court to dismiss the suit because there’s no dispute over any material fact, and the case can be resolved on legal grounds.  In federal court, and in Tennessee state court prior to 2008, a defendant could prevail on a motion for summary judgment by simply pointing out that a plaintiff had insufficient evidence to support his claims, even if the court were to assume that all of that evidence was viewed in the light most favorable to the plaintiff.  In order to survive the motion and keep the lawsuit alive, the plaintiff would have to come forward and identify relevant evidence showing that an actual trial was, in fact, necessary.  This summary judgment standard … Read the rest

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November 14, 2015
In Civil Litigation, Personal Injury

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

It keeps happening.  Almost every day brings another incident of violent crime in Memphis area apartments.  Apartment residents in Memphis have a right to demand that property managers and owners take reasonable steps to prevent foreseeable crimes on their premises.

Over the last few years, our litigation attorneys are spending an increasing amount of our time representing crime victims when property owners fail to take these reasonable precautions.  While not every crime is preventable, and not every crime is the result of a failure of property owners, frequently, bottom line profit is placed before safety of residents.… Read the rest

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November 13, 2015
In General

Erin Shea Elected as Fellow by the Memphis Bar Foundation

Erin Shea Elected as Fellow by the Memphis Bar Foundation

Patterson Bray is proud to announce that Erin Shea was recently elected a Fellow by the Memphis Bar Foundation.

The Memphis Bar Foundation is the philanthropic arm of the Memphis Bar Association with the mission of promoting philanthropy among members of the Bar; advocating and supporting public awareness of the legal system; promoting social justice and legal education; and encouraging and recognizing professionalism among members of the Bar. Fellows are elected in recognition of devoted and distinguished service to the legal profession and the administration of justice and adherence to the highest standards of professional ethics and personal conduct.

More About Erin Shea

Erin is married to Martin F. Shea, Jr., and has two children, Elin (4) and Martin, III (19 months). Read more about Erin by clicking here.… Read the rest

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November 13, 2015
In General, Government

Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Two recent opinions give real insight into the Tennessee Supreme Court’s thinking about the ability of the components of local government to sue each other.

In the first case, the Court confirmed Metro Nashville’s ability to sue its own Board of Zoning Appeals.  In the second case, the Court confirmed the Coffee County School Board’s right to sue two cities over funding issues.

These opinions are especially timely considering the battle brewing in Memphis about whether or not a County Commission can retain its own counsel, separate and apart from the county attorney.… Read the rest

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November 12, 2015
In General, Government

State of TN holding $725M in unclaimed property – click to see if any belongs to you

State of TN holding $725M in unclaimed property – click to see if any belongs to you

Ever wonder what happens to money or property that gets “lost in the shuffle” so to speak?

 

  • an old utility or lease deposit you forgot to follow up on before you moved
  • the last interest payment due in an old savings account you closed
  • a final paycheck at an old job
  • an old safety deposit box your grandmother never told anyone about

 

This is referred to as “unclaimed property,” and by law the holder of the property (i.e. the bank, the landlord, utility, company, etc.) must turn it over to the State along with information about the name and last known address of the owner. They CANNOT keep the property; however, they are not required to track down the owner, either. They can simply turn it over to the State and be done with it.

 

Literally MILLIONS of dollars in unclaimed funds are turned over to the State of Tennessee each year.  Over $40 million was turned in just last … Read the rest

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November 11, 2015
In Civil Litigation, General, Personal Injury

Apartment Complex Crime -Negligent Security-Memphis

Apartment Complex Crime -Negligent Security-Memphis

Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye Street. Not all crime is preventable, but many times property managers and apartment complexes do not have adequate security to deter and prevent crime.

We have significant experience in handling apartment crime and negligent security cases. Investigating and prosecuting these claims can be complex. We often learn that  large out-of-town companies own and operate apartments in high-crime neighborhoods, and do little to protect their residents and visitors. Why do these companies ignore the crime? It’s simple: spending money on security measures cuts into the bottom line.

An apartment complex presents unique security issues that don’t exist in single-family neighborhoods. The layout of the premises often makes it challenging for local police to monitor and patrol the area. Because of this, it is even more important for apartment companies and property … Read the rest

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November 11, 2015
In Estate Planning

Using The Tennessee Investment Services Trust Act To Create A Self-Settled Asset Protection Trust

The Knowledge You Need on the Tennessee Investment Services Act of 2007

The “Tennessee Investment Services Act of 2007,” (the “Act”) allows a person to create a self-settled asset protection trust. Tennessee is still one of only a handful of states to enact legislation permitting the creation of a self-settled, or self-created, asset protection trust.

Before the Act was passed in Tennessee, an individual could not protect his or her wealth from creditors and lawsuits while also retaining some control of his or her assets.   The Act allows an individual to create his or her own trust and maintain a certain level of control over the trust, while also protecting his or her assets from creditors and lawsuits.

One of the biggest perks of the Act is the trustmaker’s ability to retain a certain level of control over the trust. The trustmaker may retain the following rights, which include, but are not limited to, the rights to:

  • direct the investment of the assets;
  • receive distributions of principal at the discretion of the trustee;
  • live in a home owned by the
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November 5, 2015
In Uncategorized

Re-opening of Entry Level Legal Assistant Position

Re-opening of Entry Level Legal Assistant Position

Patterson Bray is again looking to add a Legal Assistant in the Litigation Department.  The Legal Assistant position is an entry level job, and while experience is preferred, it is not absolutely necessary.  On the job training will be provided.

 

Minimum job requirements are as follows:

  • Minimum: high school diploma
  • Preferred: associate degree or higher
  • Strong commitment to customer service
  • Proficient with Microsoft Word and Excel
  • Ability to pay close attention to detail
  • Strong research, writing, and editing skills
  • Ability to communicate effectively with customers and attorneys
  • Ability to be a self-starter and to work independently
  • Familiarity with social media platforms (Twitter, Facebook, Instagram, etc.)

 

Patterson Bray employees receive two (2) weeks paid vacation annually.  Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, with an hour for lunch break.  We also strive to be kid-friendly and flexible in order to accommodate for doctor appointments, school programs, ball games, etc.  Beginning salary is $30,000 per year, and employees are 401(k) eligible after completing 1 year of work.  … Read the rest

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September 14, 2015