G. Frank Lannom
B. Keith Williams
C ONTACT I NFORMATION Melanie Bean
LEBANON OFFICE NASHVILLE OFFICE James R. Stocks
137 Public Square Nashville City Center
Lebanon, TN 37087 511 Union St., Suite 1850 Alex Bird
(615) 444-2900 Nashville, TN 37219 This newsletter is published by Lannom & Williams,
(615) 313-3999 PLLC as an informational service to our past and present
clients, friends, and family. It is for informational pur-
poses only and no legal advice is intended. Each case is
different and should be reviewed on its own individual
facts and circumstances.
T HE P EOPLE ’ S V OICE
V OLUME 5, I SSUE 1 F EBRUARY 2012
known as “loser pays,”
N EW L EGISLATIVE S ESSION B EGINS would force those with
WE’RE ON THE WEB! With the start of the new year were made to the previous legitimate claims and
LANNOMWILLIAMS. COM comes the start of the new maps and citizens should be serious injuries to abandon their
legislative session in Nashville. aware of the new district legal rights or risk jeopardizing
With that in mind, it is impor- lines. To view the maps and their financial futures. The “loser
tant that we all keep an eye and find your legislators go to pays” system, also called the
ear open and focused on what www.capitol.tn.gov. “English Rule” is the same one
laws our legislators are passing used in European countries, and
Governor Haslam recently has long marked a major differ-
and the Governor either sign- block to individuals asserting
introduced his annual legisla- ence between our American civil
ing or vetoing. legitimate claims for their
tive package. His proposal justice system and theirs. Aban-
The 2nd session of the 107th focused on two big tax cuts. doning our traditional American injuries.
General Assembly resumed in The inheritance tax exemp- Rule, this bill would force the It is important that we keep
CHARITY SPOTLIGHT: OPERATION HOMEFRONT Nashville on January 10, 2012. tion would be raised from $1 loser in a lawsuit to pay the full an eye on our legislators and
One of the first major issues million to $1.25 million, and legal costs and fees of both parties, let them know our stance.
Every day, brave men and not be able to accomplish their mission.
hardships that arise as a result of addressed was redistricting, the states sales tax on food including the exorbitant defense Make your voice heard, be
women in the armed forces self- their military service. From special event volunteers to staff- which occurs every ten years would decrease from 5.5 per- costs of big insurance companies. involved and let your legisla-
lessly defend our country and the after the federal census. Dur- cent to 5.3 percent. An anti-
The statistics are staggering. Hun- level volunteers, each person makes a ing this process the state’s leg- crime package was also in-
Small businesses and families with tors know how you feel.
freedoms we cherish. When they dreds of thousands of military fami- life-changing contribution to America’s
legitimate claims would be pre-
—B. Keith Williams
islative district maps are re- cluded, as well as several pro- vented from holding wrongdoers
deploy, they leave behind families lies feel the effects of war: Post- troops, the families they leave behind, drawn based on regional popu- posals dealing with restruc-
that often struggle with day-to-day accountable.
Traumatic Stress; Traumatic Brain and to our wounded warriors when they lation shifts. Several changes turing state agencies.
expenses and unforeseen emergen- Injury; bodily injuries and death; and return home. Just think about this. Picture
cies. Several bills have also been
yourself being seriously injured in
financial and emotional struggles. •Auto Accidents
I NSIDE THIS ISSUE : introduced by legislators that
a car accident. The driver who hit
Operation Homefront, a 501(c) But they don’t have to struggle More information is available at adversely affect the civil jus- •Aviation Accidents
you is being defended by a large
(3) non-profit, leads more than alone. Much like the military, Op- www.OperationHomefront.net. tice system. One piece of insurance company, with a virtu-
N EW L EGISLATIVE 1 •Construction Accidents
5,000 volunteers across 25 chapters eration Homefront and its volun- legislation would specifically
ally unlimited ability to pay attor-
and has met more than 430,000 teers have a “no man left behind” S ESSION allow hospitals and doctors to •Dangerous Products
neys fees to defend the case. Will
needs since 2002. A four-star rated attitude to help every possible family provide negligent medical you be as willing to file suit to
R ECALL U PDATE 2 •Medical Malpractice
charity by watchdog Charity Navi- and wounded warrior who sacrifices care in Tennessee emergency assert your rights and obtain jus-
rooms. Unless a patient •Motorcycle Accidents
gator, 94 % of total revenue do- so much for the freedoms we enjoy. tice for your injuries if you are
WINTER DRIVING TIPS 2 could prove gross negligence,facing the prospect of having to
nated to Operation Homefront Each Operation Homefront chap- “COURAGE IS FEAR HOLDING ON
•Nursing Home Abuse
a standard just short of crimi-
pay the Defendant’s attorneys’
goes directly to support service W ORKERS C OMP 3 nal behavior, there would be •Personal Injury
ter has few or no paid staff. Without ONE MINUTE LONGER.” fees if the Defendant’s attorneys
members. Their mission is to assist the dedicated support of volunteers, no accountability or protec-
American military service members and the support of donations (both L OCAL H ISTORY 3 are able to convince a jury to rule •Trucking Wrecks
tion. against you? As you can see, this
and their families when they have material and monetary), they would GENERAL GEORGE S. PATTON. •Death Cases
CHARITY SPOTLIGHT 4 Other proposed legislation, presents a very significant road-
needs associated with financial •Workers’ Compensation
P AGE 2 T HE P EOPLE ’ S V OICE V OLUME 5, I SSUE 1 P AGE 3
rate in what you put in records (like medi-
RECALLS—RECENT ITEMS RECALLED You can visit
www.cpsc.gov for W ORKERS ’ C OMPENSATION I SSUES : cal intake sheets) and say to your doctor
and others regarding your injury.
While this is not a com- Bicycle Helmets For Chil- mechanism can crack and I MPORTANCE O F B EING A CCURATE A ND C ONSISTENT
plete list, here are a number dren and Youth, distributed break, causing the trailer to more specific informa- Although you may not be paying atten-
of the most recent items that by Triple Eight Distribution with detach from the bicycle, tion about these and I have heard it said before that people adjuster (who works with lawyers on tion to details because you are hurt and just
have been recalled in the last various designs and colors, sold thereby posing a risk of injury other recalled items. can pick a lawyer out of a crowd. Some- claims regularly) for the insurance com- want to get treatment, if you don’t take
several months for various nationwide and online from Au- to children riding in the trailer. thing about how we ask questions, ana- pany/employer. These people will ini- time to accurately fill out paperwork and
reasons. There have been a gust 2006 through November Us, Buy Buy Baby, Neiman lyze, and pick apart normal every day tially decide whether and to what extent describe what happened, you may have
Madeline Bed Canopy, issues and topics of conversation that is
number of children related 2011, due to failure to comply Marcus, and other stores you receive benefits. Then, you may incomplete, inaccurate, or inconsistent
sold at Pottery Barn Kids somehow different from most non-
items, some of which are with CPSC safety standards for nationwide and online from decide to get your own lawyer, who will dates and other facts in your medical re-
stores nationwide and online lawyers.
listed below. impact resistance, resulting in December 2005 through also look at your case through the eyes of cords and what you have told others. A
between December 2003 and
Honeywell Surround Se-
risk of head injuries in a fall.
August 2011, due to risk the
July 2011, due to danger of I don’t know if that is a good thing or a a lawyer when deciding whether to take judge may see that as showing you did not
carseat disconnecting from bad thing, but it does point out some- your case. hurt yourself at work, and deny your claim.
lect Portable Electric 6 Piece LED Flashlight Set, connections of the posts to the
the adapter and falling. thing important when it comes to a Finally, and perhaps most importantly,
Heaters, various models sold sold at Target stores nationwide top rails of the canopy can It is very important to be accurate and
nationwide at Best Buy, Mei- from October 2010 through De- come apart, allowing the com- Bugaboo Bee Strollers, Workers’ Compensation case. if your claim winds up going to trial, it consistent when you fill out paperwork or
jer, and Walmart stores from cember 2011, due to fire and ponents of the canopy to fall. sold at Toys “R” Us, Buy The first thing you have to remember is will be heard by a judge—so the person talk to your doctors. If you don’t make the
July 2011 through December burn hazards because flashlights
Buy Baby, and other baby that lawyers will be involved throughout who will ultimately have the decision on effort to do so, it could end up costing you
2011, due to risk of heater’s can heat up, smoke, or melt stores nationwide and your claim, and they will be looking at whether you receive your Workers’ your workers’ compensation benefits.
Hearts Teddy Bears, sold
internal housing detaching when turned on. online from February 2011 the case through the eyes of a lawyer. Compensation benefits (and if so, how
nationwide at Build-A-Bear —Jim Stocks
and causing burn hazard. through September 2011 much) will be looking at your case as a
Chariot Bicycle Trailers and Workshops and online from Think about it for a second. When you lawyer.
due to danger of front
Five-Light Floor Lamps, Bicycle Trailer Conversion April 2011 through December make your claim, the chances are that it
swivel wheels locking while So what does this mean for your case?
sold at Big Lots stores nation- Kits, sold nationwide at bicycle 2011, due to choking hazard will end up in the hands of a lawyer or
stroller is moving, causing Well, for one you should try to be accu-
wide from April 2010 specialty stores and online from because eyes could loosen and
the stroller to tip and pos-
through November 2011, due December 2005 through August fall out.
ing a fall hazard.
to risk of electric shock and of 2010 for the trailers, and be-
Bugaboo Car Seat
excessive heat causing plastic tween October 2002 and August
Adapter, sold at Babies “R” A L IT TLE L OCAL H ISTORY : D AVEY C ROCKETT ,
shades to melt. 2011, due to risk the hitch
A NDREW J ACKSON , AND T HE M AN W ITH A W OODEN L EG
Thanks to the Disney produc- Well, such is certainly the of Tears, and he even referred
S AFETY T IPS F OR W INTER D RIVING tions of the Mid-1950’s and case with Davey Crockett and to President Jackson as “King Many probably remember
If you must drive during specific to your vehicle. overdrive on icy roads. 4. Use a shovel to clear other cinematic and literary the Alamo. I am certain that Andrew the First.” the movie version ending
winter weather here are some snow away from the wheels works, Davey Crockett and the most people would remem- with Davey Crockett killed
Driving safely on icy roads 7. Be especially careful on As a result, President Jackson as he valiantly fought against
helpful tips to assist you in and the underside of the Alamo have become iconic parts ber that Davey Crockett died
bridges, overpasses and infre- and Tennessee Governor Wil- the Mexican Army as it
getting there safely. Remem- 1. Decrease your speed and leave car. of our collective sense of the at the Alamo in Texas after a
quently traveled roads, which liam Carroll worked to help
ber to stay home until the yourself plenty of room to stop. history of America’s early ex- prolongued siege by the overwhelmed the Alamo’s
will freeze first. Even at tem- 5. Pour sand, kitty litter, defeat Crockett in his bid for re- defenses.
snow plows and sanding You should allow at least three pansion west in Tennessee and Mexican Army.
peratures above freezing, if gravel or salt in the path of election. Crockett ended up
trucks have had a chance to times more space than usual be- later into Texas. At the same
the conditions are wet, you the wheels, to help get But, how many remember losing to his rival, a man with a Well, he did fight val-
do their work, and allow tween you and the car in front of time, Middle Tennessee’s “Old
might encounter ice in shady traction. the role Andrew Jackson and wooden leg. iantly, and he was one of the
yourself extra time to reach you. Hickory”—President Andrew
areas or on exposed roadways a man with a wooden leg had last men alive, but he didn’t
your destination. 6. Try rocking the vehicle. Jackson—undeniably played a Upset by this defeat, Crock- die in the middle of that
2. Brake gently to avoid skidding. like bridges. with Davey Crockett going to
Make sure your car is pre- If your wheels start to lock up, (Check your owner's man- tremendous part in the early ett uttered this famous quota- fight. Instead, as a Mexican
If you get stuck... Texas in the first place?
pared for the winter season ease off the brake. ual first — it can damage history of our nation and its tion: “Since you have chosen to Army officer present at the
and that you know how to 1. Do not spin your wheels. the transmission on some expansion west. To understand the interplay elect a man with a timber toe to battle later wrote in his di-
3. Turn on your lights to increase between these historical char- succeed me, you may all go to ary, Crockett was taken pris-
handle road conditions when This will only dig you in vehicles.) Shift from for- Of course, like any history—
your visibility to other motorists. acters, it is important to first hell and I will go to Texas.”
the weather turns bad. It is deeper. ward to reverse, and back particularly history most fre- oner with several others
helpful to practice winter 4. Keep your lights and wind- remember that Crockett was And, as they say, “the rest is and—over the objection of
2. Turn your wheels from again. Each time you're in quently recounted through
driving techniques in a shield clean. a U.S. Representative to Con- history.” Crockett went on to several Mexican officers—
side to side a few times to gear, give a light touch on popular movies—much of the
snowy, open parking lot, so gress from Tennessee. Texas and would end up losing was executed at the direc-
5. Use low gears to keep traction, push snow out of the way. history remembered is either
you are familiar with how the gas until the vehicle gets Crockett opposed many of his life at the Alamo. tion of Mexican General
especially on hills. incomplete, inaccurate, or is
your car handles. Consult 3. Use a light touch on the going. President Jackson’s policies, Santa Anna.
missing much of the story be- Except, of course, the
your owner's manual for tips 6. Don't use cruise control or gas, to ease your car out. including the Indian Removal
hind the story. “history” most of us probably —Jim Stocks
Act that resulted in the Trail
remember isn’t quite accurate.