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                                                                                                                                                                                                                                  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               “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.
                                                                                                                                                                                                                                              PRACTICE AREAS
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-                                                             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
                                                                                                       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
                                                                    Build-A-Bear Colorful
                                                                                                              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.