Nashville Personal Injury Lawyer

S'morestick Kits Recalled Due to Undeclared Milk

Jenny Albano — Wed, 16 Apr 2008 17:48:39 GMT

Grand Carnival LLC, in conjunction with the FDA, is recalling "S'morestick Kits" because the chocolate pieces in the kit contains milk that is not included in the product's ingredients. People who are allergic to milk can suffer serious or even life-threatening allergic reactions if this chocolate is consumed.

The recalled kits were distributed only in Garden Ridge retail stored which are located in 15 states. The best by date for the food in the kit is February 14, 2009.

The "S'morestick Kit" comes in a clear plastic tube that holds clear plastic packages of marshmallows, graham crackers, and chocolate. Kits that ingredient statement includes "contains milk" are not included in the recall. So far there have been no reports of allergic reactions.

The recall was initiated after it was discovered that early shipments of S'morestick Kits were distributed in packaging that did not reveal the presence of milk. The Company is in the process of revising its labeling to declare milk as an ingredient in the product.

Originally posted at InjuryBoard by Jenny Albano

Statute of Limitations In Tennessee(2)

Rob McKinney — Thu, 03 Apr 2008 17:56:37 GMT

A car accident case in Tennessee was dismissed on the basis of the expiration of the statue of limitations. Tennessee has a one year statue of limitations in personal injury lawsuits. In Jones v. Johnson, the Tennessee Court of Appeals upheld a trial court's prior order of dismissal of the case. In the Jones case , a lawsuit was filed within the one year , but the defendant was never served with service of process within the year. The defendant moved out of state and they were not served or placed on notice until the service of process expired . The plaintiffs failed to renew service of process until after one year has passed. Two issues with this case . First , the statute of limitations in Tennesse needs to be increased to two years. Secondly , there is a provision under the insurance law that requires the insurance company to reveal the location and whereabouts of the defendant. The attorney for the defendant did not use this powerful statute . Service of process is the first step in the litigation process. If it is not done properly, your case can be over before it starts.

Originally posted at InjuryBoard by Rob McKinney

Claim Filed Againist San Francisco Zoo

Rob McKinney — Sun, 30 Mar 2008 10:23:54 GMT

A claim has been filed againist the San Francisco Zoo by two brothers who were attacked by an escaped tiger. A friend of theirs was killed by the tiger. The brothers are alleging the zoo was negligent in preventing the animal attack. Dog bite cases and animal cases are common in Tennessee . What is the law in Tennessee on dog bite cases or animal cases ?

Generally, the owner of a domesticated animal may be liable for the harm the animal causes if he or she negligently failed to prevent the harm. The owner cannot let the animal run at large. Also, the owner must use reasonable measures to capture an escaped animal. In my practice , I have handled numerous animal cases from dog bite cases , escaped pig cases, and horse cases. The most tragic case our office has handled is where a pot bellied pig escaped and knocked over an elderly man walking on the roadway. It caused some serious injuries due to the owner's negligence. Pets are wonderful , but be a responsible pet owner .

Originally posted at InjuryBoard by Rob McKinney

Hulk Hogan Sued for Son's Car Accident

Rob McKinney — Tue, 25 Mar 2008 16:51:29 GMT

Wrestler Hulk Hogan was sued in Florida by the family of a man who was critically injured in an accident involving Hogan's son. It is alleged that the Hulkster knew his son liked to speed and race other drivers. The purpose of the post today is when can a parent be sued for the acts of his child.

The Family Pupose Doctrine is one instance a parent can be sued for his child's actions. Under the Family Purpose Doctrine , the head of the household who maintains a car or motor vehicle for the general use of the family can be liable for the negligence of any member of the family driving the vehicle provided the driver received express or implied consent. Two elements must be met. First, The head of household must provide a car for the purpose of providing pleasure or comfort of the family. Secondly, the driver of the car must be using the car in in furtherance of that purpose with the permission of the owner.

Originally posted at InjuryBoard by Rob McKinney

Proving Your Medical Expenses

Rob McKinney — Thu, 13 Mar 2008 15:06:44 GMT

Proving your medical bills is a hard problem for most of my clients to understand. The general public assumes that once you get treatment for your injuries in a truck accident case that you simply provide your medical bills to the insurance company. If your lawsuit is filed, you have to prove your medical bills by taking medical proof by way of depositions. There are three components of proving your medical expenses . One lawyer has refered to it as the trifecta. Under Tennessee Law , one has to prove the medical bills are reasonable , necessary , and were caused by the accident itself. Causation of the injuries is always the hotly contested issue . One of the problems of moving the case along is taking the medical evidence in cases. Doctors are exempt from subpoena and have to be set on their timeframe.

Originally posted at InjuryBoard by Rob McKinney

Update on Cellphone Distractions

Rob McKinney — Mon, 10 Mar 2008 16:50:42 GMT

A new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting. Neuroscientist Marcel Just found that "Listening while driving led to a significant deterioration in driving accuracy." Why is cellphone use important in your car accident case? Tennessee uses comparative fault in deciding cases. Smart insurance defense lawyers try to shift the focus to the plaintiff to lessen the amount of liability to the defendant. Using the fact that the defendant was using a cellphone is good evidence that they were simply not paying attention to the roadway, thus proving your case. More evidence that one created the danger and is at fault in the accident equals more damages recovered.

Originally posted at InjuryBoard by Rob McKinney

Make Sure That Windshield Is Clean

Rob McKinney — Fri, 07 Mar 2008 07:14:46 GMT

Snow and ice are predicted for Middle Tennessee this weekend. Make sure your windsheild is free from anything limiting your ability to see. A driver in Nashville , Tennessee did not clean his windsheild and a young boy went to the hospital with a broken leg. Clarence Hawkins failed to clear the dew from his windsheild and struck a young boy walking to school. Mr Hawkins told police he did not see the boy and thought he hit a limb. He was cited for failure to use due care when driving his car. One of the first safety rules is the ability to maintain a proper lookout. Have a safe weekend.

Originally posted at InjuryBoard by Rob McKinney

Cellphone Accident Case Settles For Millions

Rob McKinney — Thu, 06 Mar 2008 14:46:50 GMT

A Georgia woman recovered a $ 5.2 million dollar settlement from a paper company whose employee was using a cell phone. Debra Ford was rear-ended by a company car that was owned by International Paper Co. The key issue was whether the employee was using her cellphone at the time of the car accident. The driver of the company car did not remember driving the last mile before the accident. There have been studies conducted on "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you are more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.

Originally posted at InjuryBoard by Rob McKinney

Insurance Coverage in Tractor Trailer Truck Cases

Rob McKinney — Wed, 05 Mar 2008 17:11:46 GMT

Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazordous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds . All truck companies are required to have their policies endorsed. This endorsement creates an obligation to the public to pay any judgement resulting from negligence in the operation,maintence,and use of motor vehicles. Trucks hauling oil or hazardous loads require insurance ranging from $1,000,000, to $5,000,000. When you are deciding on a truck accident attorney , they should know this basic rule of law on the amount of insurance coverage. If they do not know the minimum amounts of coverage , this might be a sign of their knowledge of truck accident law.

Originally posted at InjuryBoard by Rob McKinney

Insurance Coverage in Tractor Trailer Truck Cases(2)

Rob McKinney — Wed, 05 Mar 2008 17:11:46 GMT

Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazardous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds . All truck companies are required to have their policies endorsed. This endorsement creates an obligation to the public to pay any judgement resulting from negligence in the operation, maintence, and use of motor vehicles. Trucks hauling oil or hazardous loads require insurance ranging from $1,000,000, to $5,000,000. When you are deciding on a truck accident attorney , they should know this basic rule of law on the amount of insurance coverage. If they do not know the minimum amounts of coverage , this might be a sign of their knowledge of truck accident law.

Originally posted at InjuryBoard by Rob McKinney