In General, Personal Injury

Scalded Privates: The Short (But Real) Story Behind the Supposedly "Frivolous" McDonald’s Hot Coffee Lawsuit

Scalded Privates: The Short (But Real) Story Behind the Supposedly “Frivolous” McDonald’s Hot Coffee Lawsuit

“Can you believe it? Some lady got millions for burning herself with her own hot coffee from McDonald’s!”

You’ve no doubt heard all the talk before. The case has become the poster child for so-called frivolous lawsuits and politicians screaming for silly tort reform. The verdict supposedly represents everything that’s wrong with America and the legal system.

Of course, there’s only one problem: the legend has outgrown the truth.

As Paul Harvey used to say: “And now, here’s the rest of the story.”

The plaintiff was Ms. Stella Liebeck. She was a grandmother who attempted multiple times to settle her case with McDonald’s. They refused.
She wasn’t driving down the street when she got burned. She was a passenger in a stopped vehicle. They had ordered coffee at the drive-thru window. After receiving the order, her grandson pulled his car forward and stopped momentarily so that she could add cream and sugar. The coffee spilled when she was attempting to remove that hard plastic lid from

… Read the rest Continue Reading

March 5, 2012

In General

Bedbugs and the Law: Use this Helpful Website to Check your Hotel Before you Travel

Lawyer John Day at the Day on Torts Blog has an interesting post today about a recent article concerning bed bug litigation fueled by an explosion in hotel bed bug infestations across the country. He cites these statistics from the article:

Although hotels have become familiar with the surge of bed bug claims in recent years, the volume and nature of such claims are expected to continue to grow. Bed bug infestations are reported to have increased 300% nationally between 2000 and 2001, 70% between 2001 and 2002, and 70% between 2002 and 2003.22 Approximately 20,000 bed bug reports have been made to bedbugregistry.com since summer 2010 for hotels throughout the United States.

The most interesting part of the quote? www.BedBugRegistry.com — a website where travelers and consumers can check out prospective hotels.

You can bet I’ll be using that website before I travel.… Read the rest

February 22, 2012

In General

Law Talk: Submit your claim online to recover free money/property!

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

Examples: that old utility deposit or lease deposit you or your wife forgot to follow up on before you moved; or the last interest payment that was due in your old savings account that you closed; or maybe your mom or dad forgot about an old safety deposit box containing old jewelry or family heirlooms?

It’s actually VERY common. Indeed, if you forgot about a deposit (or didn’t even know about it), how could you possibly even know to claim your refund, right?

Ever wonder what happens to that money or property?

This is referred to legally as “unclaimed property,” and by law the holder of the property (i.e. the bank, the landlord, the utility, 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 … Read the rest

January 17, 2012

In Estate Planning, General, Uncategorized

25 Documents to have before you die

I ran across this Wall Street Journal list today and am reminded of how important it is to get certain life affairs in order. The start of the new year is as good of a time as any.

Number one on their list should come as no surprise. An original will is the most important document to keep on file. If you don’t have a will and you do have kids, call a lawyer and make an appointment. If you do have a will, pull it out and read it. You may want to update certain provisions or maybe even remove certain beneficiaries who haven’t been as nice to you as you would like.

If you need help organizing your estate, call us. There is no fee for our initial estate planning meetings.… Read the rest

January 5, 2012

In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

What is a Deposition? Law FAQ

What is a Deposition?

A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions that took place in homes, hospitals, and even over the telephone.

It’s a chance for lawyers to ask questions and get answers from a witness under oath. A court reporter is present to make a record of the questions and answers, which is then usually reduced to writing in what’s called a “transcript” of the proceedings. Sometimes a videographer will also be there to film the testimony.

Depositions are part of the “discovery” process of a lawsuit. Each side has the right to discover information about the other side’s allegations. This is accomplished by things like written questions, production of documents, inspection of property, independent medical exams, and depositions. Rule 30 of the Tennessee Rules of Civil Procedure governs depositions in Tennessee.

Do

… Read the rest Continue Reading

December 16, 2011

In General

Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches?

Yes. The Tennessee Supreme Court made clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto your property. In other words, you may cut branches up to the property line; however, you may not cut over into your neighbor’s property.

The case is Lane v. W.J. Curry & Sons, 92 S.W.3d 355 (Tenn. 2002).

The more difficult issue that typically arises in this context is whether your neighbor has a duty to cut back the branches him/herself. The answer to that question is a bit more fact dependent, but the summary of the law by the Tennessee Supreme Court is as follows:

Encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either above or below the ground. However, encroaching trees and plants may be regarded as a nuisance when

… Read the rest Continue Reading

October 28, 2011

In General

Breast Cancer Awareness Month: Quick Facts

Breast cancer is the second most common cancer in American women, behind skin cancers.

Breast cancer is the second leading cause of cancer death in women, behind lung cancer.

The lifetime chance of developing invasive breast cancer is approximately 1 in 8, or 12%.

Estimated number of new cases of breast cancer in US women in 2011 is 230,480.

Of these 230,480 new cases, about 57,650 will be carcinoma in situ (the earliest non-invasive form of breast cancer) while approximately 39,520 women will die from breast cancer each year.

Death rates secondary to breast cancer have been declining since 1990, believed to be the result of earlier detection through screening and awareness, as well as improved treatment.

Breast cancer causes about 4,500 deaths annually in women ages 40-49, and is one of the leading causes of death in women in this age group.

Overall, caucasion women have slightly higher risk of developing breast cancer, but African American women are more likely to die from breast cancer.

Asian, Hispanic, and Native-American women have a lower risk … Read the rest

October 20, 2011

In General, Medical Malpractice, Personal Injury

Be careful what you ask for at the Chiropractor

Many people visit the chiropractor for an alternative treatment to many issues ranging from back pain and headaches to allergies and fatigue. An experienced chiropractor will spend time determining why someone is experiencing such poor health and offer a treatment regimen designed to address those specific symptoms. The examination will likely include x-rays and the treatment may involve spinal manipulation. Spinal misalignments can be a major cause of a person’s pain and spinal manipulations are designed to address these problems.

While millions of folks successfully visit their chiropractor on a regular basis for the maintenance of their good health, there are those instances when things can and do go very wrong.

One serious complication that can occur after spinal manipulation is a stroke. Manipulations of the cervical region of the neck/back can cause a pinching or tearing of the arteries that feed blood to the brain. If an artery to the brain becomes blocked or ruptures by a clot that has been stretched or from a rotation of the cervical spine, this could lead to a stroke.

As … Read the rest

October 13, 2011

In General

Is Obamacare constitutional? Will the Supreme Court uphold the individual mandate?

Three of the 13 federal appellate courts have now ruled on Obamacare. The 4th and the 6th Circuits upheld the individual mandate, whereas the 11th Circuit deemed it unconstitutional. (The 6th Circuit is where I clerked. It covers Tennessee, Kentucky, Ohio and Michigan).

In order to resolve the split amongst the circuits, the U.S. Supreme Court will likely hear and decide the dispute during the next Term of court that starts this month. The Term runs for approximately 9 months, which means that a decision on the issue — assuming the Court ultimately agrees to hear the cases during this next Term — would be handed down no later than the end of June 2012.

The timing of the decision would be key. Indeed, Obamacare will no doubt be a central issue for both sides as they head down the final stretch of the presidential campaign, and a timely decision by the Court would provide needed certainty on the issue, which would in turn allow the candidates to engage … Read the rest

October 7, 2011

In General

Law FAQ: NFL & NBA Labor Issues – what is a “CBA” and a lockout? And why would players want to decertify their own union?

What is a Collective Bargaining Agreement?

The NFL and the NBA players belong to unions which negotiate with owners to establish, among other things, player wages and working conditions. The contract between the owners and the union is called a Collective Bargaining Agreement, or “CBA” for short.

What are the owners & players fighting about?

There are various issues at the margins – e.g. free agency rules, trade rules, maximum player contract amounts, etc. However, the big dispute is over money – i.e. the amount of the salary cap that has historically been in included as part of the CBAs for the NFL and the NBA.

What is a salary cap?

A salary cap is the limit on total payroll a team can pay to all players combined. For example, the salary cap for an NBA team was $58.044 million for the 2010-11 season. There are different types of salary as well, ranging from what … Read the rest

September 2, 2011