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Wrongful Death | InjuryBoard Nashville

Posted by Rob McKinney
April 06, 2007 12:27 PM

When the pet food recalls started hitting the news , I did not even think about the sweeping repercussions of these events . I had not ever handled a death of a pet case . As everyone knows we bond with our pets and develop strong emotional ties to them , but I never thought of the legal problems that go with it . Under Tennessee Law , there are limits to your damages for the loss...

Posted by Rob McKinney
March 07, 2007 4:16 PM

Sometimes a Trial Court can dismiss your case without a jury hearing the facts or evidence . A motion for summary judgement is a pre-trial motion used to determine whether there is merit to your lawsuit . Summary Judgement is designed to provide a quick , inexpensive means of concluding cases on issues as to which there is no material facts. If the facts are not in dispute ,...

Posted by Rob McKinney
February 22, 2007 7:28 AM

For the last few days , I have been preparing for eleven depositions in a commerical truck back up case . I know more than I ever wanted to know about OSHA requirements and reverse signal alarms . Commerical trucks like dump trucks or any truck with a large box attached to the frame has limited visibilty when backing up . In a construction setting , OHSA requires a truck to be...

Posted by Rob McKinney
February 19, 2007 1:32 PM

Highway construction cases have been on the rise in the Nashville area . First , three major interstates run thru Nashville . Second , there is plenty of taxpayer money used to finance new road construction. The two main issues I see in these type of cases involve pavement edge drops and faulty transition areas . Pavement edge drops are dangerous when they exceed a drop of...

Posted by Rob McKinney
February 15, 2007 9:39 AM

The question that my clients have is when do you file your lawsuit . Simple accident cases can be handled out of court in most cases if they do not involve All State Insurance Company . Once you gather all the facts , medical bills , and lost wage information , we can send a settlement demand to the insurance company . Wrongful Death Cases should be filed immediately in most...

Posted by Rob McKinney
February 13, 2007 7:30 AM

Recently , a building collapsed during demolition in Nashville , Tennessee . A worker was killed as he was removing a natural gas line . At this time , the cause of the collapse is unknown . After a workplace accident , the Tenneessee Occupational Safety and Health Act investgators will make a report on the accident . The employer is required to report all deaths that occur...

Posted by Rob McKinney
February 01, 2007 8:10 AM

The Tennessee Department of Safety has reported a drop in traffic deaths state-wide . Nashville , Tennessee is the only place where the fatalities rose . Over 97 people died in Nashville , Davidson County in 2006 . Metro Police spokesman report that the non-use of seat belts is the biggest reason for this high number . Robertson , Sumner , Dickson , and Williamson Counties all...

Posted by Rob McKinney
December 26, 2006 10:04 AM

This morning I got started on my New Years Resolution by exercising . A lady that knew I am an attorney came up to me to discuss her aunt's passing away . Her aunt had been ill and had recently seen her doctor . The doctor did not admit her , but told her to come in Monday to follow up . She passed away over the weekend prior to Christmas . While on the treadmill , she talked about her loss...

Posted by Rob McKinney
December 13, 2006 2:08 PM

I have handled several fire and burn cases over the years. It's sad because most of these accidents could have been prevented .The State Fire Marshall's office has listed a couple of fire safety tips to follow . Keep live trees moist abd water daily. Choose a sturdy tree stand . Make sure the tree is at least three feet away from heat sources such as fireplaces and heaters ....

Posted by Rob McKinney
November 30, 2006 3:05 PM

Over the holiday weekend , three people were killed in seperate car accidents in Hendersonville , Tennessee . One was caused by a second-time D.U.I. offender . The second death occurred not in the accident , but when he fell 28 feet as he was trying to avoid traffic . These accidents happened on Vietnam Veterans Parkway . The last accident involved a young driver who did...

Posted by Rob McKinney
November 28, 2006 7:42 AM

Over the Thanksgiving weekend , an automobile accident on I-24 near Joelton, Tennessee claimed two lives . From the reports , the deaths may have been avoided if the victims were wearing thier seatbelts . It always troubles me to read or hear of these stories of if " they were only wearing their seltbelt " . During this holiday season , I would like to sress two things . One...

Posted by Rob McKinney
November 15, 2006 2:18 PM

The Tennesse Court of Appeals affirmed a trial court reducing a 16 million dollar jury verdict to 6.5 million dollars . The case involved Vanderbilt University Medical Center here in Nashville . A doctor accidentally removed 90% of a child's bladder . A jury awarded a verdict of 16.5 million in May of 2005 . Can a judge lower a jury verdict ? Under...

Posted by Rob McKinney
November 08, 2006 2:34 PM

Working on a case today and discovered some law that some might find helpful. If you have been seperated from your spouse and suffer a worker's compensation injury , Be careful how the settlement is worded . The settlement must state the disabilty benefits replace future income . If it does not your spouse maybe entitled to one half of the settlement . See Bilyeu v.Bilyeu...

Posted by Rob McKinney
October 18, 2006 7:45 AM

The Governor of Tennessee and the Tennessee Legislature has severely limited a injured worker's right for fair compensation . The worker' compensation act limits the amount one can recover for the loss of a loved one. Therefore, it is important to look at who caused the injury or death in these accidents. When an injury or death is caused by the negligence...

Posted by Rob McKinney
October 11, 2006 7:50 AM

I was reading the Nashville Tennessean Newspaper this morning about an apartment house fire . The paper reported that the fire started on the first floor . Hopefully , no one was injured and my blessings go out to those families . This article reminded me of the importance of fire safety to prevent serious injuries from house fires .I am currently handling a fire case that...

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