Sunday, May 1, 2016

$55 Million Dollar Verdict

55 MILLION DOLLAR VERDICT
The Tennessee verdict in the Erin Andrews’s civil lawsuit against a hotel group and the man who stalked her in 2008 was a staggering $55 million!
Many folks I talked to said something like, “Fine, film me and post it on the Internet and--for just a couple million bucks--I will be happy!”
The stalker, Michael David Barrett, a former insurance company executive, managed to get her room number and then film her nude through the peephole in her hotel door.  Then, after a failed attempt to sell the film, it wound up going viral on the Internet, where over 17 million people watched it. He did time in prison for this.
Ms. Andrews never knows who has seen it and who hasn't. She was emotionally affected by the events, and spent time and money trying to get the video offline.
The pervert was found by Nashville jurors to be 51% liable for the $55 million award. He is unlikely to pay a cent. West End Hotel Partners, the hotel owner, and Windsor Capital Group, the hotel management company, are responsible for the other 49%, and they will likely settle for far less than $26,950,000 they owe.
Ms. Andrews had to endure the defense attorneys’ strategy that argued her career actually flourished as a result of the video.  I do not think the jury liked that one little bit.
She was embarrassed because of assumptions people made as well.  “Everybody thought it was a publicity stunt. That ripped me apart, “ she testified.
Jury members really wanted to make a point. "We were sending a message out to the hotels and the chains to do better than what they've done," explained one juror.
Andrews repeatedly blamed the Nashville Marriott at Vanderbilt for giving out her hotel room number to the stalker. She further felt violated that they did not reveal to her that the stalker had actually asked to be put in a room next to hers.  While the hotel companies denied this, it appears that the jurors blamed the hotel.
I recently have noticed that hotel front desk clerks no longer state my room number out loud, and just scrawl the number down on the room key packet.
Under so-called “tort reform” laws now in effect in Tennessee, this verdict could not have been handed down for over $750,000 currently. Legislators in Tennessee have thus decided all cases ever to occur in Tennessee in the future, all without hearing one fact!

Mr. Peel seeks justice for those injured in car accidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

Friday, April 29, 2016

PREVENT CHOKING DEATHS: A Lawyer's Advice

Hazards at Home: Preventing Choking Deaths 

When little ones are around, everything is different. Young children put everything in their mouths, and can choke without warning. 

Things that seem safe and fun can become deadly. For instance, hot dogs and colorful latex balloons are both deadly choking hazards. Bee stings and peanut allergies can cause airway swelling that stop breathing. 

Common choking hazards include: 
•    Coins 
•    Buttons
•    Hot dogs
•    Carrot sticks 
•    Toys with small parts 
•    Toys that can fit entirely in a child’s mouth 
•    Small balls, marbles 
•    Balloons 
•    Grapes
•    Chewing gum 
•    Large bites of peanut butter
•    Cinnamon 
•    Meat
•    Small hair bows, barrettes, rubber bands 
•    Pen or marker caps 
•    Candies
•    Refrigerator magnets
•    Pieces of pet food
•    Choking on cords attached to blinds 

Cut food for babies and young children into pieces no larger than one-half inch. Encourage children to chew food well. Supervise meal times. Insist that children sit down while eating. Children should never run, walk, play, or lie down with food in their mouths. Be aware of older children’s actions. Many choking incidents are caused when an older child gives a dangerous toy or food to a younger child.

Children with allergies should keep an EpiPen nearby and adults should know how to use it. 

If you want to be really prepared, learn the Heimlich maneuver and be ready, if necessary to create an airway by reading up on an emergency tracheotomy.  

Remember the first of the ABCs of first aid is "airway". Mouth to mouth cannot help if the trachea is completely blocked by an object. Often, you will have to manually dislodge it once the child passes out.  

"Time is brain." This chilling medical saying means that you must do all possible to get oxygen to the brain as soon as it is possible. The lack of oxygen is the cause of all death in general and brain death in particular. 

If the worst is happening and you have to do an emergency tracheotomy, the Army manual recommends that you make the slit up and down rather than across, so as not to get near the vital veins or arteries on each side of the windpipe. Then you can insert an emptied ballpoint pen into the hole to allow breathing to resume until first responders arrive. 

Prevention is certainly worth a pound of cure in these matters.

Mr. Peel seeks justice for those injured in car accidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

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Wednesday, March 23, 2016

The Best Attorney in Memphis

If you are looking for the best attorney in Memphis, or the winningest lawyer in Shelby County, Tennessee, or the finest injury attorney in the Tipton County area, you will not find it.

That is because it is not ethical in Tennessee for an attorney to hold themselves out as the "Best attorney" while others may say so, like SuperLawyers or a Readers Choice poll, they cannot say they are the best lawyer.

But ratings are helpful.

Martindale Hubbell highest rated lawyers are called "AV-Preeimnent"

Avvo has a rating system, and anything above a 9.0 is very good.

Google has ratings of lawyers. Often with stars and comments.

Facebook often has ratings of accident attorneys.

Lawyers.com features profiles and reviews of injury lawyers.

Likewise, Yelp rates lawyers, law firms and related services.

Readers Choice awards are presented to attorneys who are considered by readers to be the best in their field.

Only lawyers with million dollar results are allowed to become life members in the Million Dollar Advocates Forum.

And, only attorneys with Multi Million Dollar results are allowed in the exclusive Multi Million Dollar Advocates Forum.

As mentioned above, Super Lawyers is a well-known lawyer rating program that uses peer reviews to help rate an attorney.

Memphis Magazine features the face of certain kinds of law, such as catastrophic injury and wrongful death.

Finally, there are various Top 100 clubs of trial lawyers.

These highly-rated lawyer review services may help you find an injury attorney of your accident that can help seek fair compensation in or out of court.


Monday, March 7, 2016

Teen Drivers

TEEN DRIVERS
As the proud parent of a teen driver, and an injury lawyer, you can only imagine how focused upon safety I can become.
Teens between 16-19 were involved in 963,000 crashes in 2013.
Crashes remain the number one killer of our adolescents, well more than guns, drugs or kidnappings.
Here are a few tips that all teens need to be mindful of:
FOLLOWING TOO CLOSELY:            Overdriving the brakes and tailgating are common mistakes for teen drivers. Due to their inexperience, they tend to follow more closely than they could stop if the car ahead brakes suddenly.  Braking distance varies by condition and speed, but if another car easily cannot cut in between your teen and the car ahead, he is likely too close.
DISTRACTED DRIVING:        This is finally getting some attention now that texting and driving became illegal in Tennessee a few years back. However, cell phones are not the leading distraction. Passengers are!  This information is part of the reason Tennessee adopted a graduated license programs that does not allow many passengers early on.  In one study, 60% of crashes involved distraction.
SEAT BELT USE:        More than half the fatalities among teens will be among those not wearing seat belts. Frankly, some crashes are simply not survivable. However, being thrown around unbelted turns survivable accidents into fatal accidents.        
SPEEDING:     In one teen study, 79% of single car crashes were occurred simply due to being driven too fast.   
ASSUMING:    Never make assumptions about what other drivers are going to do. The only thing you know about a turn signal is that they have a turn signal on. Do not rely on it. When light turns green, make sure intersection clears before you go. Do not assume no one will run the light. Assume they will.
BEING WAVED OUT:    Do not trust being waved out, especially if the road has multiple lanes.
In general:

Don’t drive like you own the road. Drive like you own the car.

Avoid car accidents

  • Don’t drive like you own the road. Drive like you own the car.