Author Archives: Jay Butchko
Nashville Truck Stop Owner Not Responsible for Security Guard’s Fatal Shooting of Customer
Tennessee courts follow what is known as a modified comparative fault rule in personal injury cases. Put simply, if the plaintiff is equally or more at-fault than the defendant for an accident, the defendant is not liable for any damages. There is no precise formula for apportioning fault–it ultimately depends on the facts of… Read More »
How Signing a Power of Attorney Can Affect Your Rights in a Personal Injury Lawsuit
If you have sustained a traumatic brain injury in a car or truck accident, you may not be capable of making certain decisions for yourself. This includes decisions regarding any personal injury litigation arising from the accident. In these situations, it may be in your best interest to sign a power of attorney naming… Read More »
Can I File a Medical Malpractice Lawsuit Even If I Don’t Know Exactly What the Doctor Did Wrong?
The key to winning any personal injury case is proving the defendant’s negligence. In many cases the negligent act is obvious and witnessed by the plaintiff. Consider a car that runs through a red light and hits your vehicle. It doesn’t take an expert to figure out what caused the accident. But medical malpractice… Read More »
When Does a Commercial Trucking Company Have a Duty to Preserve Evidence Regarding an Accident?
Commercial trucking accidents are not your run-of-the mill auto collision. These trucks are typically owned by large companies that must keep detailed records of their vehicles’ activities in order to comply with federal safety regulations. This means that when an accident does occur, the victims may be able to access this information to help… Read More »
Is a Property Owner Liable for a Shooting That Occurs on a Public Street?
Personal injury claims in Tennessee are based on a defendant’s “duty of care” to the plaintiff. In plain English, this means a person (or a corporate entity) must act reasonably to avoid injuring other people. But legally speaking, the burden of proof is on the victim to show this duty existed–and that the defendant… Read More »
TN Judge Refuses to Dismiss Hernia Mesh Lawsuit Against Davol, C.R. Bard
In recent years, many Tennessee residents have experienced significant complications arising from the use of hernia mesh during hernia repair surgeries. These complications–which range from infection and perforated organs to bowel obstruction and liver problems–often force patients to undergo additional procedures, incurring significant financial and personal losses. For this reason, many hernia mesh victims… Read More »
TN Court Revives “Wandering Bull” Wrongful Death Lawsuit
If you have lost a loved one in a car accident, you understandably want to hold any responsible parties accountable. But proving a wrongful death claim is a complex process that may require multiple stages of litigation. This is why it is critical to conduct a full investigation of the circumstances surrounding an accident… Read More »
Can I File a Talcum Powder Lawsuit Based on the Fear of Developing Ovarian Cancer?
As you have probably read in the press, there are currently thousands of lawsuits pending throughout the country against Johnson & Johnson related to talcum powder and its link to ovarian cancer in women. Several juries have already returned multi-million dollar verdicts, finding Johnson & Johnson knew of the cancer risks associated with its… Read More »
Who Is Responsible for an Accident Caused by a Dog?
There are certain laws in Tennessee holding a dog owner liable if their animal bites or attacks a person. This means the owner may have to pay damages for a personal injury claim brought by the victim of the attack. But what about a situation where the dog indirectly causes injury? For example, what… Read More »
Are Rental Companies Liable for Accidents Involving Their Vehicles?
There are many scenarios where a car or truck accident is the fault of a driver who is not the owner of his or her vehicle. In many cases, the owner may still be responsible for the accident victim’s injuries under a legal principle known as vicarious liability. For example, if a salesman is… Read More »