Nashville Personal Injury Lawyer - Wrongful Death

Garage Explosion Leaves One Dead, One Critically Injured

George Fusner — Tue, 01 Dec 2009 01:00:00 GMT

Jimmy Seabolt and his step-son Jacob Barretta were working on a car in their garage when something exploded. The two ran out of the garage while on fire, witnessing neighbors told police. The two neighbors that helped put out the flames, Jeff Kelton and Jason Bray, are both former volunteer firefighters.

But it was too late. Early reports estimated the November 20^th accident left the teenager with burns over 60 percent of his body, and his stepfather with burns over 20 to 30 percent of his body. On November 28^th, though, Jacob Barretta lost his life at Vanderbilt University Medical Center.
Neighbor Kelley Bray says, "It felt like losing a son." Their house has turned into a makeshift memorial, and a fund has been set up on their family’s behalf – Seabolt-Beretta Fund donations can be made at any farmers bank in the midstate.

It’s important to take away from this tragedy the lesson to always be extra cautious when working in garages, especially when working on a vehicle in it. Make sure to keep all open containers sealed and in a safe place. Keep the gasoline and other flammable liquids away from heat or sparks. Always keep a fire extinguisher nearby – there’s no telling what damage could be have been undone if a fire extinguisher was used nearby. Almost as importantly – make sure you have the right fire extinguisher for the job (check out this guide for more info).

My thoughts and prayers go to the family of Jacob Barretta, and hope that Mr. Seabolt survives this tragedy.

Originally posted at InjuryBoard by George Fusner

Two Killed in a Collision Near Springfield 9/17/2009

George Fusner — Mon, 21 Sep 2009 12:53:31 GMT

Two people are dead after a head-on collision in Robertson County. It happened around 7:30 p.m. Thursday night on Highway 49 outside of Springfield. According to the Tennessee Highway Patrol, one of the vehicles ran over the curb into oncoming traffic. Both drivers were killed, and a small child was also injured in the accident and taken to Vanderbilt University Medical Center. The child's age or condition was not known.

In my experience dealing with catastrophic car accidents such as these, it’s imperative that a representative of the small child or the drivers’ estates seek a qualified attorney immediately. Vehicles are often destroyed not long after an accident in which the car is totaled, destroying with it valuable evidence which will help determine who or what was at fault. While there are a lot of unknowns in this case with only a vague police report, an accident attorney is invaluable in terrible situations like these.

Just like you can’t unring a bell, you can’t undestroy evidence.

My thoughts and prayers are with victims in both vehicles, and I hope the small child recovers fully.

Originally posted at InjuryBoard by George Fusner

I-440 Onto I-24 Killed Driver Indentified

George Fusner — Mon, 14 Sep 2009 14:12:00 GMT

The Driver killed this morning September 14, 2009 when his SUV flipped over the guardrail on I-440 and I-24 has been identified by Metro Police according to the Tennessean. According to the police speed was a factor. Was this a preventable wreck? I don't know. However, what safety features could have prevented the consequences of the speed?

The Tennessee DOT most likely was responsible for the design of the roadway. In making that design they had a duty to minimize the consequences of a vehicle striking the wall and rolling over the guardrail. Was it foreseeable that the a car would travel at a high rate of speed around that curve? You bet. What happens to a car when traveling around a curve at a high rate of speed? It has a tendency to push out to the wall. If the driver gets scared and the lifts off the gas the car will spin out. Its physics. What if an outside tire blew out at normal speed that could cause the SUV to lose control. Further it was an SUV which have a much greater tendency to roll over. Could that have caused the wreck. I don't know and it cannot be determined without a through investigation.

What is critical and time sensitive now to to preserve the evidence so the cause can be determined. That takes a lawyer experienced in car wreck and product liability claims. Call one today if you are a family member.

Originally posted at InjuryBoard by George Fusner

Johnny Kindle Charged with Killing Kelly McQuate On I-24

George Fusner — Thu, 13 Aug 2009 17:34:24 GMT

A grand jury has indicted Johnny Kindle with vehicular homicide in connection with a wrong-way crash on I-24.

Earlier this year on March 24^th, Kelly and Mark McQuate were heading home (from getting married in Key West) on I-24 when their vehicle was struck by Kindle – drunk and heading the wrong direction. Mark survived the crash, but Kelly did not. Mrs. McQuate left behind three children. Mark and his family have experienced an outpouring of community support, but that doesn’t change that Kelly was taken away from them. What a tragedy? Killed when starting a new life.

Who’s responsible? Obviously, Johnny Kindle is both criminally and civilly liable. In Mr. Kindle’s upcoming trial, new facts will surface fully detailing the events leading up to the tragic crash. But if Kindle came from a bar – which is still unclear at this point – then the bar he came from may be liable.

But proving the bar is financially liable is not easy. As I discussed in a post earlier this year, the dram shop laws here in Tennessee make it difficult to hold a bar, bartender, or other alcohol seller liable for an alcohol-related accident. The evidence must prove that the servers knew Kindle to be intoxicated and continued to serve or sell to him. This is a unique standard in tort law – where usually the plaintiff must only show preponderance of the evidence to hold someone liable.

While wrong-way crashes have become a hot topic among personal injury attorneys, each case is very unique. Where this case involved a tragic mistake to drink and drive, the New York accident that occurred recently may end up being much more complex with many unanswered questions.

Johnny made a choice, and a bad one at that. Bad choices mean bad consequences.

More facts will surface once the trial starts, and will be talked about then.

Originally posted at InjuryBoard by George Fusner

Brandon Walker of Chapmansboro Electrocuted

George Fusner — Tue, 11 Aug 2009 11:22:38 GMT

The Nashville police announce the idenity of the man killed last week working in Nashville. Another tragedy. Did Mr. Walker leave a wife, children, other family members? I don't know. If he did and the company he was working for had workers compensation insurance they are entitled to certain benefits. The formula can be complicated and often confusing. An experienced lawyer who regularily handles workers compansation death cases should be conculted. The benefits are limited so where else can the family turn?

First an attorney needs to be hired to investigate the scene BEFORE it is altered. How low was the wire? Who placed it there? Who placed the dumpster under an exposed high voltage wire? Were warnings placed at the scene? Did the forklift have proper grounding that may have prevented the death? All these factors could lead to further avenues of recovery for the family. Again hire an experienced attorney NOW.

Originally posted at InjuryBoard by George Fusner

Recent Nashville Accident Deaths Reminds Us to Drive Safely

George Fusner — Mon, 29 Jun 2009 15:15:30 GMT

Two recent accidents in Nashville remind us of the importance of driver safety. In the first accident, William McGuire, 23, was killed when riding as a passenger in a vehicle driven by a friend. The driver, Samantha Johnson, was driving eastbound on Harding Place in heavy rain when her vehicle hydroplaned. She lost control of the vehicle and struck a pole. McGuire was pronounced dead. The police noted that the tires on the vehicle were extremely worn. No word on whether the road was flooded, or whether the sole reason for the vehicle hydroplaning was the condition of the tires.

In another accident, a mid-teen passenger was killed when her vehicle struck a tractor. The 18-year-old driver reported that she was cut off by another vehicle, causing her to swerve off the road and strike the mower. Amazingly, the operator of the mower was not injured. There’s no report as to whether the deceased passenger was wearing her seatbelt.

Let this be a reminder to all those on the road:

1) Always, always, always wear your seatbelt.

2) Make sure your tires are in good condition! Tires are one of the single most vital parts of your vehicle. Don’t forget the “penny” test to determine if your tires need to be replaced. And not all tires are created equal, some are more safe than others. Check out Tire Rack for tire reviews, or talk to a trusted technician to find out what tire is best for your environment.

3) Be aware of your surroundings! Based solely off the second accident’s report, if the teenage driver was aware of a mower on the side of the road, maybe she would have braked rather than swerved.

Also, a common problem in accident litigation is the difficulty of reconstructing an accident when the vehicles are destroyed. It’s important that if your vehicle is involved in an accident, and is “totaled,” that you seek representation immediately. If necessary, the attorney should have the vehicle preserved for as long as necessary to create an accurate recount of the events leading up to the accident. Sometimes, vehicles are destroyed before such due diligence is performed.

Originally posted at InjuryBoard by George Fusner

Taser Officers Found Not Liable

George Fusner — Tue, 19 May 2009 15:25:08 GMT

The Tennessean this morning reported the verdict in the tragic death of a 21 year old who was tasered 19 times by Metro Officers. I will not be lengthy in this post since I know the defense lawyer John M.L. Brown very well. He an I went to law school together at Vanderbilt University, have tried cases together, shared an office, and he has given me a bunch of fire arms training.

The jury found for the officers involved and absolved them of all responsibility. I Only represent Plaintiffs who are injured and have done so for over 30 years. This kind of case is know as a excess force case whose liability is founded on 42 USC 1983. It states

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

The case is premised on depriving the injured person of their due process rights by the police officers taking the law into their own hands and causing the injury or death. What is extremely difficult in proving these cases for the Plaintiff is the issue of causation. Did the use of the taser cause the death? Further was the force excessive under the circumstances? I don't know the answers, however, the jury did find for the officers.

Once again the jury system worked. The survivors of the deceased had their day in court. The officers had their say. The jurors made a determination. There is no reason to change the system. What if it had been your son? Would you want your day in court? Of course. Sometimes you win and other times you loose. The so called tort reformers would want you to believe this is a frivolous case and should not have been brought. Bunk. Leave the system alone. It an't broke so don't try to fix it.

Originally posted at InjuryBoard by George Fusner

I-40 McCrory Lane Death Due to DUI

George Fusner — Thu, 07 May 2009 11:59:18 GMT

News Channel 2 and the Tennessean reported the death of a young woman on Interstate 40 at McCrory Lane early Wednesday Morning May 6, 2009. According to the reports a man from Centerville named Ian McClellan was driving the wrong way on the interstate and hit the car driven by Katie Kerr of White Bluff head on. She died at the scene.

Guess what? Alcohol was involved. The reports are that Mr. McClellan started drinking at 3PM on Tuesday in Spring Hill. What day was Tuesday? Cinco de Mayo day which literally means May 5. Any excuse for a drinking holiday.

Who is responsible for Katie's death? First and foremost its Mr. McClellan. How much insurance does Mr. McClellan have to compensate Ms. Kerr"s heirs? I don't know, but I doubt very much. Now the lawyer part.

Ms Kerr's heirs are entitled to recover an array of damages for her death. If I am right and Mr. McClellan has little or no insurance were do they turn. First, to the parties that served or sold the alcohol. In Tennessee we have a Dram Shop Act. It is codified at Section 57-10-101 and 102. It says:

Notwithstanding the provisions of § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:

(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or

(2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.

Thus to have a recovery against a person over 21 you must prove that the alcohol was sold or served to an "obviously" intoxicated person. That may seem easy, but is not. First the investigation must start sooner rather than later before memories fail. Were was he drinking, who was there, what did the bartender see? Then the tough part, the heirs must prove their case "beyond a reasonable doubt." Wait thats a criminal standard for convicting someone of a crime. Yeap, but that is the standard in this civil matter. If it was a regular car wreck the Plaintiff has to prove its case by a "preponderance" of the evidence which means that the fact is probably true. That is a much lower burden that "beyond a reasonable doubt."

Who was the legislature protecting when they passed the law? NOT the ordinary people for sure.

What else can the family do? Investigate signage. The Channel 2 report mentions 3 other head on crashes for wrong way driving on the Interstates around Nashville in the recent months. Often the entrances are poorly marked. Look at the one at I-40 at 96 close to this tragedy? How about the ramps at Exit 172 in Dickson? The State may bear some responsibility as well.

The best advice is to hire an experienced attorney now.

Originally posted at InjuryBoard by George Fusner

Fire and Explosion Cases

Rob McKinney — Wed, 08 Oct 2008 15:36:27 GMT

This week is fire prevention week . For some reason, October is the month with the largest number of house fires. Let's review a couple of safety tips. Cooking causes the largest number of fires.However more people die in fires involving smoking materials or heaters. So, pay attention to what is on the stove and in the oven.Don't leave anything on the stove unattended. Also, make sure the cooking area is free from anything that might catch on fire such as a dish towel. Each year thousands of people lose their lives in fires. Simple fire safety percautions can keep these from happening.

Originally posted at InjuryBoard by Rob McKinney

Mishandling A Corpse

Rob McKinney — Tue, 29 Jul 2008 18:38:38 GMT

The Tennessee Court of Appeals has recently released a decision in a case involving the mishandling of a corpse. I do not see this type of case in my practice on a routine basis, so I thought I would discuss the opinion. There are two teaching points in this case. First , one who intentionally, recklessly or negligently removes , withholds, mutilates or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability to a member of the family of the deceased who is entitled to the disposition of the body.Secondly, it is the surviving spouse who has the superior right to control the body. In Crawford v. J.Avery Bryan Funeral Home , several siblings and the parents of the deceased bought suit against the funeral home.Evidently, no one knows what happened to the body . The court found as a matter of law that the surviving spouse had standing to bring the lawsuit . Therefore , it dismissed the lawsuit filed by the siblings and the parents. Robert Crawford's body has still not been found. What a tragedy for the family.

Originally posted at InjuryBoard by Rob McKinney

Notwithstanding the provisions of § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:



		(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or



		(2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.