Shelby County, Tennessee Jury Verdicts in 2015

Shelby County Verdicts 2015

We are all inundated by often-tacky lawyer commercials anytime we watch television or listen to radio. Legal ads now are topping taxis, smiling down from billboards and are spilling down the side of buses.

One would think that the Shelby County courthouse is just handing out free money to claimants and their well-dressed attorneys. But is the perception of “jackpot justice” a reality?

How about a test?

1. How many $100,000.00+ jury verdicts in car accidents do you think there are each year in Shelby County?
a. 6-10
b. 11-15
c. 16-20
d. 21 or more
e. None of the Above.
In mid to late 2015, for instance, reported cases I reviewed from Shelby County revealed zero (0) jury verdicts in car accident cases higher than $75,000.

2. How many jury verdicts for the patient in medical malpractice do you think there are each year in Shelby County?
f. 6-10
g. 11-15
h. 16-20
i. 21 or more
j. None of the Above.
In mid to late 2015, reported cases I reviewed from Shelby County revealed zero (0) jury verdicts for the Plaintiff. Doctors won two outright and a mistrial was caused by a hung jury on the third.

Granted, there are significant out-of-court settlements that are not reported. I personally had several larger cases in the $100,000- $900,000 category in 2015 that are not listed anywhere.  But it is worth pointing out that the system seems to be geared towards resolving cases short of trial more often than not. And when trial is had, more often than not the defendants have picked a case to oppose that has shortcomings they maybe able to exploit for a lower verdict.

Juries are not as loose with the pocketbook as you might have thought. Notice, however, the large drop in litigation and verdicts has not reduced our insurance premiums one little bit.

SECRETS ALONG THE ROAD: Hiding in Plain Sight

BREAKAWAY DEVICES: Hiding in Plain Sight

Signs located along roads and highways are actually designed to fail! This is not some rampant misuse of government funds, or a massive failure of quality control. They are truly supposed to fail, to help keep all of us safer. As an injury lawyer, I see the results of this purposeful engineering in preventing catastrophic injuries in crashes.
In the past, roadside signposts were often giant metal beams sunk in concrete, to make them permanent. Unfortunately, errant cars were sometimes knocked into them with devastating results. It was not unusual to have a car partially split in half as the speeding vehicle was sliced itself on the sturdy signpost like a knife through butter.
Along with improvements in the cars, such as the addition of air bags, breakaway steering columns and crumple zones, highway safety has come a long way.  Breakaway signposts are now standard and required by law in most cases. All sign supports within the clear zone of highways signed at speeds of 50 mph or greater were required to be mounted on breakaway supports or be shielded with a barrier by January 1, 2013, per the Manual of Uniform Traffic Control Devices.
These work by giving way, usually kicking out like a broken table leg and often allowing the striking vehicle to pass before the sign collapses.
Safe placement, of course, depends on the structure of the sign, the sign height, the type of vehicle impacting the sign, and the breakaway nature of the sign support when it is impacted.
Previously, signs only gave one or two ways. Newer, crashworthy omni-directional bases are designed to meet safety standards regardless of which direction they are struck. They are required when installing signs and other breakaway hardware near roads with two-way traffic and will likely save more lives.
So today, take a look at that sign on the interstate. The base will have a breakaway point. This secret, hidden in plain sight, might save your life one day.  Drive Safely.

Why Practice Law in Millington, Tennessee?

Why Millington?

As an injury lawyer who practices in areas from Memphis to Covington and Ripley to Jackson, I get the question, “Why Millington?” quite a bit. Why is your office in Millington? Why not Memphis?

After all, some point out, “successful” attorneys usually have impressive high-rise offices in downtown Memphis, with sweeping views of the Mighty Mississippi River.

My views may not compare, as I am looking at Highway 51, a car wash and Millington’s only high-rise (also known as the Holiday Inn Express).  But I am content to be just where I am.  So I have no parking garages, no elevators, no gang shootings, no parking meters, no one way streets, no crowds, no panhandlers, and no angry big city folks.

But what do I have? I know Mr. Thomas that owns that hotel across the street, my dentist Kevin, and Drs. Boatwright who run a great local pharmacy. I dropped off my cleaning with Bobby this morning, and will probably say hello to Larry at the bank later this week.

It’s personal. Millington is just a welcoming place.

My Great, Great, Great Grandfather James Peel is buried at Mt. Vernon near Shelby Forest.  So roots run deep, right up through my Great Grandfather T. C. Peel being a keeper of the light on Island 40 in the River. He, my Granddaddy Chaffee Peel, and my Dad, Billy, sharecropped land on the levee in nearby Arlington. My Mother’s folks, the Griffins, raised her in nearby Rosemark. 

While my Dad’s job caused me to be raised in Southern Arkansas, I spent many a summer in this area.  Oddly, I now live right in between the homes that both my parents were raised in.

So, I could join the 3,000 or so lawyers that call Memphis home, and have an ivory tower office. Or I could build an impressive office out here.  Or, I could just be me, in my “glamorous strip mall office” and try to leave my clients and friends just a bit better than I found them.

For now, that’s plenty good enough for me.

How Long do I have to Sue in Tennessee?

If you or a loved one are in a car accident in Tennessee, as an adult you have only has one (1) year to sue to avoid your injury or death case from being barred due to the Tennessee statute of limitations.

As a Christian injury lawyer in Tennessee, I am often saddened to hear that an auto insurance company has not warned a victim of an accident about this fact.

Whether you are in a truck accident on I-40 in Memphis, or on I-55, on Highway 51, be aware that, even if your recovery front he crash takes longer than a year, you still have to sue on time.

This rule has exceptions, the most common being minority.  That is, the fact that a child is under eighteen (18) years of age can toll the statute.

There is no tolling of the statute because you are treating with doctors.  Nor will it matter that you have been talking to the insurance company.

Car wrecks, falls, and other injuries turn your world upside down. But, if you do not act quickly enough, you can can get hurt twice.

See my Website for more information.

Locally Shot Movie Truly Moving

“The Grace Card”

I had the opportunity to attend a private preview of a Memphis movie that does not come out in theaters till February 25, 2011.

It is called THE GRACE CARD. It is the very first movie from Graceworks Pictures located right here in Shelby County. Graceworks is the vision of Memphis optometrist Dr. David Evans, who directed and also served as the executive producer of THE GRACE CARD. Calvary Pictures is a ministry of Calvary, a Church of the Nazarene, led by Pastor Lynn Holmes in Cordova.

The church-based moviemaking ministry that spawned Fireproof inspired Memphis' own Calvary Church to make this movie.

It is about two Memphis policemen who have very different backgrounds and beliefs. And they have one other difference—the color of their skin.

Set in present day Memphis, we first see a Caucasian father endure the tragedy of losing a child senselessly. It is clear, as we fast-forward about 17 years; this event shaped him almost exclusively. He is now a Memphis cop that reminded me a lot of the type of cop that the O.J. Simpson defense team made Mark Fuhrman out to be. Angry. Racist. Distant. Bitter.

Then, thanks to a supervisor (played by Shelby County Commissioner, Chris Thomas) this atheistic racist cop is paired with--of all people—an African American part time preacher.

While award-winning actor Louis Gossett, Jr. maybe the only face or name you will recognize in this moving drama, the acting by amateurs is still superb.

There is a transparency in the way the home life of these two men is portrayed that seems so real. It is like you are a fly on the wall of their homes. Troubles with a rebellious teen, struggles with money and the pressure of career plans all are laid bare, with a ring of truth. While the movie earned a PG-13 rating due to its police action, I still believe it to be a family movie suitable for kids several years younger.

But forgiveness and grace are not normal Hollywood commodities. The movies will not have a large release, but neither did similar movies like Facing the Giants and Fireproof. If you want to see if it is near you, see the website at www.TheGraceCardMovie.com.

If you don't see your town on the list, contact actionsquads@providentfilms.org to help bring the theater to your town.

Grace is not easy and it is not cheap, though desired by us all. Living here in Shelby County, we know how often the so-called “race card” is played…What about playing a “Grace Card?”

You won’t regret it.

Jesus: Lord, Liar or Lunatic??

One of the only things I feel was truly accomplished when I was student President of the Christian Legal Society at Memphis State/The University of Memphis was that we handed out 200 copies of Josh McDowell's great little book, "More Than a Carpenter" to all incoming freshman law students. We also included the appropriately named tract, "the Four Spiritual Laws."

Many folks will allow that Jesus was a great moral leader or spiritual teacher.

Oddly, He claimed to be God in the flesh.

C.S. Lewis, a popular British theologian, continues, "I am trying here to prevent anyone saying the really foolish thing that people often say about Him: 'I'm ready to accept Jesus as a great moral teacher, but I don't accept His claim to be God.' That is the one thing we must not say. A man who was merely a man and said the sort of things Jesus said would not be a great moral teacher. He would either be a lunatic - on the level with the man who says he is a poached egg - or else he would be the Devil of Hell. You must make your choice. Either this man was, and is, the Son of God: or else a madman or something worse. You can shut Him up for a fool, you can spit at Him and kill Him as a demon; or you can fall at His feet and call Him Lord and God. But let us not come with any patronising nonsense about His being a great human teacher. He has not left that open to us. He did not intend to."

(C.S. Lewis, Mere Christianity, The MacMillan Company, 1960, pp. 40-41.)

Examine the claims of Jesus in the Book of John. Ask Truth to become known to you.