Author Archives: Jay Butchko
Tennessee City Found Not Liable for Injuries to Woman Who Tripped on Cracked Sidewalk
Anytime you see owe a property owner in a slip-and-fall accident, it is important to understand a judge or jury will require proof that the owner had either actual or “constructive” knowledge of the hazard that caused your fall. This is often easier said than done. Even when you think that the owner should… Read More »
Vaping Illnesses Prompt New Lawsuits
As of late September 2019, there have been over 800 confirmed cases of individuals suffering from illnesses connected to “vaping”–the use of e-cigarette devices–according to the U.S. Centers for Disease Control and Prevention. The CDC said at least 12 people have died as a result of their illnesses. And while the exact cause of… Read More »
Is a Business Owner Responsible for a Car Accident That Occurs at the Exit to Its Parking Lot?
In any personal injury case, the plaintiff must establish the defendant owed them some “duty” or legal obligation. For instance, drivers on the highway owe a duty to other people on the road not to drive recklessly. But in other cases, the existence of a duty may not be as clear. Court of Appeals:… Read More »
Who Owned the Tractor-Trailer That Caused Your Accident?
Sorting out legal responsibility for a car accident can be complicated when the vehicle that caused the accident was owned by a corporation. Unlike individuals, a corporation may be bought and sold by other business entities, transferring their potential liabilities from one owner to another. This, in turn, can make it difficult to figure… Read More »
Johnson & Johnson Settles Opioid Lawsuits with Two Ohio Cities
The first wave of opioid lawsuits are approaching trial. This has prompted a number of prominent opioid manufacturers to settle in the hopes of avoiding a potentially devastating jury verdict. As of October 2019, there are several thousand opioid cases pending as part of a multi-district litigation (MDL) proceeding before U.S. District Judge Dan… Read More »
Navigating the Legal Pitfalls of Medical Malpractice Litigation in Tennessee
In a medical malpractice lawsuit, it is common for there to be multiple defendants. The plaintiff normally has the responsibility of identifying and providing pre-lawsuit notice to each defendant. Such notice is not required in other types of personal injury cases, but Tennessee law does mandate it specifically in medical malpractice claims. Court of… Read More »
N.Y. Parents File Civil Lawsuit Over 15-Year-Old Daughter’s E-Cigarette Addiction
Parents in Tennessee and throughout the country are struggling to protect their children from the latest threat to their health and well-being: vaping. As giant tobacco companies shift their focus from traditional tobacco cigarettes to e-cigarettes, there has been a renewed effort to get children and teenagers hooked on these potentially lethal products. Fortunately,… Read More »
Tennessee Court of Appeals Allows Major Opioid Lawsuit to Proceed
In 2017, a group of Tennessee district attorneys sued a number of opioid manufacturers under the Drug Dealer Liability Act (DDLA). This is a state law that authorizes a court to award civil damages against any “person who knowingly participates in the illegal drug market” to the detriment of the community. Individual victims, as… Read More »
Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?
At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »
Tennessee Supreme Court Finds Psychiatrist Not Liable for Ex-Wife’s Suicide
Like any personal injury case, a wrongful death claim requires the plaintiff to establish the defendant’s negligence. Under Tennessee law, negligence requires proof the defendant had a “duty of care” to the plaintiff or victim that was then somehow breached. In a wrongful death case, it is also critical to establish this breach was… Read More »