Swimming Pool Injury and Drowning Cases in TN

Swimming pool injury cases are serious.

One of the most heartbreaking cases I have ever handled involved the accidental drowning death of a teenage boy. The parents of the young drowning victim grappled with death of their son at what started out as a fun swimming party with friends.  The owner of the pool and the other party guests felt enormous grief, but at the same time, they did not know what they could have done differently. While the case was eventually settled, everyone involved was devastated, and the effects of the young man’s death were far-reaching.  I will never forget the emotions of all of the parties and witnesses involved in that case.

Most people have no idea just how dangerous a swimming pool can be. Drowning and other swimming pool injuries happen quickly and quietly.  Look at these statistics from the CDC:

Drowning Statistics

  • Every day, about 10 people die from drowning.
  • About 1 in 5 of those are kids 14 and under.
  • Nearly 80% of drowning victims are male.
  • Children ages 1-4 have the highest drowning rates.
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Injured by a Drunk Driver?

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing  statistics:

  • Every 2 minutes, a person is injured in a drunk driving crash.
  • On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
  • The rate of drunk driving is highest among 26-29 year olds at 20.7%.
  • In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
  • Drunk driving costs the U.S. $132 Billion a year.
  • In 2010, drunk driving alone accounted for 18% of the
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Can my Fitbit be used as evidence against me?

Can my Fitbit be used as evidence against me?

By:            Erin Shea

As I was driving to work yesterday, I heard an advertisement for a Local News Story on Fox 13 about potential unintended consequences of using one of those trendy new fitness tracker devices, such as the Fitbit®. This piqued my interest for a couple of different reasons: (1) My husband bought me a Fitbit® for my birthday recently, and (2) Part of my job as a lawyer involves looking for information to either support or weaken a particular factual claim being made by someone in a lawsuit, and doesn’t a fitness tracker record accurate and factual information?

Using Fitbit® Data as Evidence in Court Cases

What could be the unintended consequence of using a fitness tracker? Relevant to my job as a lawyer, Fox 13’s story and this article discuss how fitness tracking data can make or break a court case.

I haven’t seen any reported appellate decisions in Tennessee yet discussing the admissibility of fitness tracking data at trial, but I’m sure they are coming. Also, even … Read the rest

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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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Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

According to the Washington Post, Senator Feinstein’s gun control bill not only seeks to severely restrict the sale and transfer of modern sporting rifles, but also “prohibits the sale or transfer of high-capacity, ammunition-feeding devices currently in existence” – a clear reference to gun magazines that hold more than 10 rounds.

While most gun owners don’t own an AR-15, millions of Americans own handguns for personal defense.  Many if not most of these “regular” handguns are sold with magazines that hold 10 rounds.  It’s these personal defense weapons that Senator Feinstein seeks to restrict.  If her bill becomes law, millions of Americans will no longer be able to sell, give away or pass their handgun to their family in their will.

It is unlikely that the entirety of the proposed bill will become law.  However, is seems probable that portions of the proposed legislation will.  If you are interested in maintaining control of your firearms, call us now to set up a Gun Trust at 901-372-5003.

For more info, click here for our Read the rest

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URGENT UPDATE & PRICE REDUCTION -Time may be running out to protect your guns with a Gun Trust

URGENT UPDATE & PRICE REDUCTION

Today, multiple U.S. Senators are formally introducing legislation that bans the manufacture and sale of hundreds, if not thousands of guns.  While the news coverage of the proposed legislation will characterize the proposed laws as being an “assault weapons ban,” in reality many handguns and shotguns will be included.  Additionally, gun owners’ ability to transfer their guns to their family members may be severely restricted or even banned.

In light of the short time frame that gun owners may have to legally protect their firearms, Patterson Bray is now offering a basic Gun Trust for only $675.  Call us now to create your Gun Trust before it is too late: 901-372-5003.

For more info, click here for our previous blog post about Gun Trusts.… Read the rest

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Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

The current political climate creates tremendous uncertainty for gun owners.  If you act now by creating a Gun Trust, you can be assured that your guns can stay in your family forever.

A Gun Trust is typically used to streamline the purchase of class 3 firearms, suppressors, fully automatic rifles, or short rifles.  However, in light of the current political climate, gun owners should seriously consider a transfer of ALL of their guns into a Trust in  order to avoid certain proposals under consideration that would ban ALL transfers of any so-called “assault weapon” (which would include hundreds of guns) as well as any magazine that holds more than 10 rounds.

One of the key Senate proposals under consideration would ban any and all transfers of certain guns and magazines – to ANYONE – including your own children.  You wouldn’t even be able to have your guns pass to your children through your Will at your death!  Instead, your guns and magazines would presumably be confiscated by the government at your death.… Read the rest

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ObamaCare at the Supreme Court: Day 3 Recap

ObamaCare at the Supreme Court

Sorry to be running late with this post concerning the final day of argument at the Supreme Court yesterday, but I wanted to again pass along the post by my friend Hans von Spakovsky at the Heritage Foundation who’s been following the hearings in DC.

There’s been lots of talk by pundits and prognosticators about how the seeming skepticism expressed by the Justices during oral argument means that the ObamaCare law will inevitably be struck down.  I disagree.  Not because I believe it will be upheld, but rather because I believe there’s no way to tell much of anything simply by listening to the questions asked by Judges during their hearing of an appeal.

Mind you, while some of the questioning in this particular case has been unusually illuminating, I’ve been involved in numerous appellate hearings, many of which occurred while I was “on the inside” as a law clerk working for Judge on the federal Sixth Circuit Court of Appeals.  And based on my experience, I can tell you that a Judge’s questioning is … Read the rest

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ObamaCare at the Supreme Court: Recap of Day 2

ObamaCare at the Supreme Court: Recap of Day 2

My friend Hans von Spakovsky has been attending the oral argument at the Supreme Court and has summary of what how things went yesterday in his article over at PJ Media.

One interesting quote in particular from the article:

Both before and after the arguments, I had revealing conversations with a liberal professor in the courtroom.  He agreed that the government’s chief problem is that it had not provided a limiting factor or boundary line in any of its previous arguments.  Thus, if the Supreme Court agrees that Congress has the power to compel the purchase of an insurance policy from a private company, it could compel the purchase of virtually anything considered good or prudent.  After the arguments ended, the professor agreed that Verrelli had been unable to come up with a concise and reasonable answer to that question, which was asked of him multiple times by different justices.Read the rest

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Too Many Cooks in the Kitchen

Too Many Cooks in the Kitchen

There are a lot of different phrases and slogans to describe a situation where you have too many people in charge. Democracy may be preferable in some situations, but your estate plan is often not one of those situations. People often tell me they want to be fair so they want to name all their children as executors, trustees or powers of attorney at their death or incapacity. They feel that naming everyone will insure that things go smoothly and that there is no tension among the siblings that one child was treated preferentially. In fact, naming multiple children does not relieve tension or promote harmony…it creates tension, confusion and sometimes complete chaos.

As I frequently tell the disgruntled sibling who is upset that his or her brother or sister was named as trustee or executor, serving in these roles is a job, not a privilege. As a beneficiary, you get to sit back, let someone else do the work and then collect the proceeds. As an executor or trustee, you have to do … Read the rest

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