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Families of children killed in school bus accident limited to $750,000 or less

Posted on Saturday, December 10th, 2016   

Under the state law of Tennessee, families of the children who died in a school bus accident on Monday, November 21 can receive no more than $750,000 from the defendants. Unfortunately, 2011 amendments made to Tennessee’s tort reform law capped payouts in personal injury lawsuits against doctors and other businesses at $750,000.

That means this law is bad news for family members who will sue Warrenville-based school bus operator Durham School Services and the bus driver, Johnthony Walker, who lost control and crashed the bus into a utility pole and tree. The accident led to the death of six children, whose families can receive only that amount or less, even though the lives of children were at stake.

If you are faced with a debilitating injury due to a personal injury accident in Nashville or another area in Tennessee, enlist the legal services of our attorneys at Pohl & Berk, LLP. Call our offices today at (615) 277-2765 so we can help you file the appropriate lawsuit against the people responsible for your plight.


Family of man who died at water park sues

Posted on Friday, August 19th, 2016   

The children of the 83-year-old Irudayam Yeddanapalli filed a lawsuit against the Pflugerville, Texas-based water park Hawaiian Falls for damages of over $100,000 after Yeddanapalli drowned at the water park in May 2014.

According to the lawsuit, Yeddanapalli was submerged at the bottom of a wading pool for a full two to three minutes before lifeguards came to his rescue. Afterwards, Travis County Emergency Services personnel performed cardiopulmonary resuscitation (CPR) on him, but they were unable to bring him back to consciousness. Scott Hendler, the family’s legal counsel, said: “Had he been pulled out of the pool immediately and administered CPR, he had a 90% chance of survival.”

Take legal action against people who are guilty of reckless, negligent, and irresponsible behavior if their actions cause harm to others. If you were the victim of a personal injury accident in Nashville or another area of Tennessee, get in touch with the attorneys at Pohl & Berk, LLP by calling our offices today at (615) 277-2765.


Putnam County two-vehicle collision kills two, injures four

Posted on Thursday, May 26th, 2016   

Two individuals lost their lives while four others sustained critical injuries during a head-on collision between two vehicles along State Route 136 at Bear Creek Road in Putnam County, Tennessee around 4:30 p.m. last Monday, May 23.

According to preliminary investigations made by the Tennessee Highway Patrol, a Honda CR-V crossed the center line of State Route 136 at Bear Creek Road, causing the CR-V to hit a Chevrolet Impala head-on in the northbound lane of the highway. The driver of the Honda was identified as 21-year-old Joshua Burkett, who was killed in the accident. Burkett’s passenger, identified as 26-year-old Kalya Randolph, sustained injuries and was transported to Cookeville Regional Medical Center for treatment.

The Chevrolet’s occupants were identified as 67-year-old David Maynard, his 66-year-old wife Kathleen Maynard, and two of their children – 15-year-old Nikita and 12-year-old Damon. Kathleen Maynard died in the accident, while the rest of her family was airlifted to Vanderbilt University Medical Center in Nashville to receive treatment for their serious injuries.


Settlements announced for families of Georgia Southern students killed in accident

Posted on Thursday, May 5th, 2016   

Large settlements have been announced in the cases of the families of three Georgia Southern University students who were killed in a tragic truck accident in 2015. The lawsuits named several defendants, such as U.S. Xpress Inc. and John Wayne Johnson, the driver of the big rig that caused the accident.

The tractor-trailer driven by Johnson crashed into the back of Emily Clark’s vehicle, which was siting in traffic due to an earlier collision, on eastbound I-16 at around 5:55 a.m. on April 22, 2015. According to Brandon Peak, a member of the legal team, the driver did everything she possibly could to get out of the way after seeing the truck barreling in her direction. It appears that Johnson likely fell asleep before the accident, because there were no brake marks on the road.

The attorneys at Pohl & Berk, LLP send their condolences to the families of those injured in this accident. Too often, drivers are not held accountable for their actions and the wrongful death that results is tragic.


Two government workes killed in garbage truck collision

Posted on Thursday, November 12th, 2015   

Two government employees lost their lives after a pickup truck crashed into a garbage truck on East Main Street in Livingston, Tennessee on Tuesday, November 10.

The victims were identified as 51-year-old Johnny Massengale and 22-year-old Anthony Toney.

According to the witnesses, Massengale and Toney were emptying trash bins into the garbage truck they were operating at the time when a pickup truck hit both of the pedestrians, instantly killing the men. Observers told authorities and news sources that the driver of the pickup did not slow down when approaching the garbage truck. Officers stated that the driver apparently had some kind of medical emergency at the time of the accident.

Tennessee Highway Patrol Trooper Darren Butler noted that the investigation into the case remains open. He stated that the driver of the pickup truck was airlifted via LifeFlight to a hospital for the treatment of his life-threatening injuries after having to be removed from his vehicle.

Massengale had been a Public Works employee for sixteen years. Toney was on his fifth day of the job.


Truck driver investigated for accident that killed six in Chattanooga

Posted on Wednesday, July 15th, 2015   

A truck accident occurred in Chattanooga, Tennessee on June 25, resulting in the deaths of six individuals, two of whom were children, according to WDEF News 12.

The accident occurred on Interstate 75 when a commercial truck failed to adjust to slowed traffic due to construction. The truck then crashed into the row of cars in front of it.

Police authorities are conducting an investigation against Benjamin Brewer, the 39-year-old truck driver involved. Brewer reportedly received a citation for a traffic violation just the day before the crash in Chattanooga. Additionally, officers in Rock County in Wisconsin said they have a warrant for Brewer’s arrest due to his attempt to buy medication at a drug store with a fake prescription.

The National Transportation Safety Board, the Chattanooga Police Department, and the state highway patrol are working together to investigate this terrible accident. Lt. John Harmon of the Tennessee Highway Patrol said they are examining data from the truck to establish a timeline of events.


Caitlyn Jenner facing second lawsuit relating to fatal CA car crash

Posted on Wednesday, June 24th, 2015   

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.


Distracted drivers influencing high accident fatality rates

Posted on Thursday, June 4th, 2015   

Ten car accident fatalities have occurred in the region that includes the Tennessee counties Wayne and Lawrence, as well as northwest Alabama, in May alone, the Times Daily reported on May 31. This is more accidents in May than have occurred in the past nine years.

According to Sergeant Chris Ticer of the Florence Police Department, who is the supervisor for the department’s traffic division, many of the accidents were caused by people texting or talking on their cellular phones while driving, despite their claims otherwise.

Our attorneys at Pohl & Berk, LLP, in Nashville represent those who have been injured in car accidents due to a reckless or distracted driver. If you or a loved one is in this situation, our skilled legal team may help you pursue financial compensation to cover your medical bills and other losses. Call our offices at (615) 277-2765 today to learn more about your best options moving forward.


100 fatal claims in GM defect case approved for compensation

Posted on Monday, May 18th, 2015   

Although General Motors originally estimated the number of deaths tied to its faulty ignition switch at 13, the company’s claims process has, so far, recognized 100 fatalities that were directly linked to this defect, according to a May 11 article in the New York Times.

Kenneth Feinberg, a compensation expert, was hired by GM to administer the claims process. In addition to the 100 fatality claims deemed eligible, 184 injury claims have been approved for settlement. Over 500 injury claims and 37 fatality claims still remain to be reviewed.

The defective ignition switch has gained particular notoriety due to the ten years it went unacknowledged and, in some instances, purposefully concealed from the public.

The Nashville personal injury attorneys at Pohl & Berk, LLP, are dedicated to representing those who have been injured in accidents due to automotive defects. If this has happened to you, our legal team may be able to help you fight for compensation to cover medical costs and other damages. Call our offices at (615) 277-2765 today.


Negligence may have been responsible in fatal truck accident

Posted on Tuesday, February 10th, 2015   

The co-founder of Nashville cement company Nashville Ready Mix said the company ignored safety protocols, contributing to the fatal truck accident that killed 33-year-old Sergio Lopez, WSMV reported.

A cement truck owned by Nashville Ready Mix crashed into Lopez in March of 2013, resulting in his death. Donald Meadows, the company’s co-founder, claimed in a sworn deposition that the company was fully aware of brake problems in the cement truck before this accident. Despite the known maintenance issues, according to the deposition, the truck driver was told to keep driving.

Truck accidents by nature are incredibly damaging, and it is not uncommon for severe injuries or even death to result. When a truck accident occurs due to the negligent actions of the company that owns it, however, that company should be held fully accountable for its irresponsible actions.  If you or a loved one has been injured in a truck accident in Nashville, the attorneys of Pohl & Berk, LLP, can help you determine who was at fault and, subsequently, may assist you in filing a suit against those responsible. Call our offices at 615-277-2765 today.

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