The Tennessee Supreme Court has recently overturned a decision made by a Hamilton County trial court that determined a state law placing a cap on non-economic personal injury damage settlements is unconstitutional.
The Supreme Court’s ruling centered on more technical grounds of the trial court’s decision rather than speaking to the constitutionality of the cap.
The Hamilton County trial court ruling came in response to a lawsuit filed by Donald and Beverly Clark after Donald was hurt in an automobile accident; the couple sought a constitutionality ruling on the state law that puts the ceiling of non-economic damages at $750,000 for certain personal injury cases. The trial court deemed the cap unconstitutional after the defendant filed a summary judgment. This decision was overturned after the high court determined that the trial court’s consideration of the motion for summary judgement was premature.
Being hurt in an accident in Tennessee can be traumatizing and debilitating no matter what the circumstances are. In such cases, our attorneys at Pohl & Berk, LLP are here to provide legal help. To discuss your case with an attorney today, call our office at (615) 277-2765.
A football player from Nashville Christian School in Tennessee lost his life in a car accident on Thursday, July 30 just outside of Joelton.
Nashville Christian football coach Jeff Brothers said the victim, identified as Mickey Martin, was nearly home – “literally 45 seconds from home” – according to his coach, when his vehicle veered off the roadway and crashed into a tree. Brothers believed Martin had fallen asleep behind the wheel. Martin died on impact.
Two teammates of Martin’s had been inside the vehicle at the time of the incident – Brant Lawless and Mareio McGraw. Lawless sustained non-life-threatening injuries while McGraw may require more recovery time, according to staff at the local hospital where the two were held.
The team at Pohl & Berk, LLP extend our sincerest condolences to the family and friends of the victim of this tragedy during this very difficult time.
A two-vehicle collision in Nashville, Tennessee resulted in the death of one man and injured seven others on Wednesday, August 19. The accident occurred on Interstate 440 near Interstate 65 in the eastbound lanes near Nollensville Pike.
According to preliminary investigations, a 2002 Oldsmobile Silhouette van, driven by 49-year-old Darlene Drive resident Hussain Al-Sarhan, collided with a 1999 Nissan Pathfinder, operated by 22-year-old Murfreesboro resident Adam Cogdal.
Roadways remained closed until after police investigators and maintenance crews were done with their investigations and cleanup at around 8 p.m. the same day.
The children who were inside Al-Sarhan’s van during the incident were identified as his three daughters, 14-year-old Fatima, 12-year-old Ala, and 10-year-old Wla; his nieces, 13-year-old Zahra and 11-year-old Zeinab; and his nine-year-old nephew, Ali.
All of those involved in the accident were transported to Vanderbilt University Medical Center for the treatment of their non-life-threatening injuries.
Al-Sarhan was killed instantaneously in the incident. Cogdal, on the other hand, was taken to Skyline Medical Center for his injuries.
A GoFundMe account has been put in place for the Al-Sarhan family.
Swedish household products chain IKEA has announced that it will be recalling around 27 million chests and drawers because they are in danger of tipping over if not securely anchored to a wall.
Two incidents in 2014 occurred where the unstable chests tipped over and fatally injured a child.
The United States Consumer Product Safety Commission is advising people who are using IKEA’s furniture to immediately stop using IKEA’s MALM children’s chests higher than 23 ½ inches and adult chests and dressers higher than 29 ½ inches unless they are safely mounted to a wall.
Consumers are encouraged to reach out to IKEA for free wall anchoring repair kits for chests and dressers by calling their United States offices at (888) 966-4532 or logging on to www.IKEA-USA.com/saferhomestogether.
If you need an attorney to represent you in your personal injury accident case, and your accident has happened in Nashville or other areas in Tennessee, do not hesitate to acquire the legal services of our attorneys at Pohl & Berk, LLP today by calling our offices at 615-277-2765.
A Scripps Media post said talent manager Jessica Marie Steinforff filed a lawsuit against Caitlyn, formerly Bruce, Jenner on June 8 in the Los Angeles Superior Court in California, television news network CNN confirmed.
In Steinforff’s lawsuit, she alleged that Jenner “negligently, carelessly, recklessly, and wantonly,” drove a Cadillac Escalade SUV, which led to the multi-vehicle crash in Malibu back in February that killed 69-year-old Calabasas resident Kim Howe.
According to an earlier report by CNN, Steinforff’s Prius was stopped along the highway when it was hit on the rear by a white Lexus driven by Howe, whose vehicle was then rear-ended by Jenner’s vehicle, which was towing a trailer with an all-terrain vehicle on it.
If you have been hurt in a car accident through no fault of your own, the legal team at Pohl & Berk, LLP, may help you hold the responsible person or party fully accountable in court. Call our offices in Tennessee at (615) 277-2765 today to begin taking action.
The Paducah Police Department in Kentucky has reported that 41-year-old local Jose Posadas has lost his life on Monday, March 16 at a Nashville, Tennessee hospital after being involved in a four-vehicle accident on the Beltline Overpass.
According to preliminary investigations of police and eyewitness accounts, Posadas was heading west on the Beltline Overpass and had been weaving in and out of the centerline in his van when he collided with an oncoming Jeep Wrangler. A pickup truck then crashed into a sport utility vehicle after trying to avoid the collision between Posadas’ van and the Jeep Wrangler; the truck came to rest on top of the SUV.
Those involved were rushed to a local hospital. Posadas died in the accident. The conditions of those driving the Jeep Wrangler and the SUV have not been released. The fourth driver, who had been operating the pickup, was not harmed in the incident.
The Tennessee state legislature’s ruling in 2011 that caps the total amount of a person’s award in a personal injury case at $750,000 was deemed unconstitutional by Hamilton County Circuit Judge W. Neil Thomas during the second week of March, WTVC NewsChannel 9 reported on March 10.
One personal injury attorney believes that many people don’t understand the problem with the cap until a traumatic accident affects their family–then, a loved one’s debilitating injury and all associated damages seems to deserve far more than $750,000.
Tennessee Representative Gerald McCormick (Republican of Hamilton County), on the other hand, expressed opposition to the court decision, asserting that the cap is good for business, especially because it keeps medical costs from rising.
There is nothing more painful than to see a loved one suffering from injuries or succumbing to a condition caused by the negligent actions of others. If you live in Nashville or other areas in Tennessee and your loved one has become the victim of a personal injury accident, ask for legal assistance from our attorneys at Pohl & Berk, LLP, by calling (615) 277-2765 today.
Mark Macy, the man in charge of making sure streets in Nashville, Tennessee are safe, said the city administration is worried that guardrails found along roads across the state are defective, as they were made by Plano, Texas-based Trinity Industries, Inc., the company that has been sued for building defective guardrails, WSMV reported on December 2.
Macy knows about the federal government’s investigation into Trinity’s guardrails and the rumors that these guardrails can impale people inside the vehicles during a crash. He and other city officials are concerned that these guardrails would not safely deflect the impact of a crash the way they were designed to, resulting in the undue harm of Nashville residents.
Trinity Industries is facing a ton of lawsuits regarding this matter, one of them involving the death of an east Tennessee woman who lost her life five hours after a guardrail impaled her during a crash, causing her to bleed out from massive internal injuries.
If you have been the victim of a personal injury accident in Nashville or other areas in Tennessee, you shouldn’t have to face the burden of financial consequences from an accident that occurred through no fault of your own. Get in touch with our attorneys at Pohl & Berk, LLP, by dialing (615) 277-2765, and learn about your legal options for recourse.
Tennessee drivers were given a small request by officials from the state Department of Transportation: “Keep your eyes on the road and your head out of your apps,” the Tennessean reported on November 14.
Around 60 digital interstate designs all over Tennessee display different messages to motorists using the highways, informing drivers about recent accidents, road conditions, and special events that may cause traffic to be congested.
The signs also post driving tips and values such as wearing seat belts, avoiding drinking while driving, and preventing distracted driving.
Some displays, including those that tell of traffic fatalities within the state, sparked debates regarding the appropriateness of the program. The recent figures are usually posted on a Friday, confronting motorists who use the highways for long trips back and forth.
If you have been the victim of a personal injury accident, such as motor vehicle crashes, product defects, or unsafe premises in Tennessee, our attorneys at Pohl & Berk, LLP, may be able to fight on your behalf. Call our offices today at (615) 277-2765 to begin taking action.
Both drivers were injured when a minivan and pickup truck collided on Hamilton Church Road in south Nashville’s Priest Lake Community, WKRN-TV Nashville reported on November 5.
According to the Metro Police, the minivan and pickup truck collided around 8:15 a.m. when they both swerved into the eastbound lane in a futile attempt to avoid a collision. The drivers of both vehicles were immediately taken to local hospitals for treatment of their injuries, and both are expected to survive.
Witness Cindy Clopton said this accident is one of the many crashes that happened frequently along this stretch of the road, and noted that local officials should do something about the frequency of accidents happening in the area. However, Councilman Robert Duvall said that his office had not received any major complaints about accidents there.
If you were hurt in a car accident in Nashville due to the negligence of other people, such as reckless motorists, manufacturers of defective vehicles, or negligent government bodies who fail to maintain roads, the attorneys at Pohl & Berk, LLP, may be able to help. Call our offices at (615) 277-2765 today to learn about your options for legal recourse.