Earlier today the Consumer Product Safety Commission announced the recall of about 4,300 baby dolls imported and sold in the U.S.and Canada by Lakeshore Learning Materals of Carson, California. The dolls are marketed as Feels Real Baby Dolls. The fingers and toes of the dolls can detach and pose a choking hazard. No injuries have been reported. For more information, click here. Inside the diaper is a label with the number 550200. The Feels Real Baby Dolls look like this:
Recently, I handled a pro bono matter here at our office for a nice lady who wanted to change her 2 and a half year old daughter’s last name. The father had left the picture after physically assaulting the mother. He fled the police to avoid arrest, and Mom and Daughter had no contact with him for over a year before they came to me for help.
The mother came to me wanting to get her daughter’s last name changed from the father’s to her name, which she also shared with two other children. I told her that the concept of changing someone’s last name isn’t very hard, but when dealing with children, Tennessee has a number of rules that are important to know.
The big buzz words when dealing with kids in Tennessee courts are “the best interest of the child.” Each county may have particular hoops to jump through, but at the end of the day, a judge is going to want to have proof that the name change is in the child’s best interest. In many counties, including Davidson, a parent filing a petition to change the name of a minor must provide the following documentation:
- Birth certificates for the parents and the child
- Social security cards for the parents and the child
- Photo ID of the parents, and a picture of the child
If both parents are filing the petition together, the process is very quick. But if you have a single mom or dad, and the other parent is out of the picture, as was the case in my recent matter, the parent asking for the name change has to show legitimate efforts to locate the other parent and make them aware of the requested change. Importantly, no matter whether the request comes from one parent or both, the name change cannot be for the purposes of avoiding debts or obligations, and the requested change cannot be for any illegal purpose.
In our case, the outstanding warrant for assault and the 1+ year absence of the father were enough to show the judge that it was in the best interest of the child to change the last name to that of the mother. We made the name change official four days before the daughter’s third birthday. The mother was very happy that it could be done. When she first came to our office she didn’t even think it was possible.
If you have a minor child and you would like to change his or her name, please give us a call. The process can be a bit daunting if you try it on your own, but the attorneys of the Rocky McElhaney Law Firm can guide you through the steps and help you do something that is in the best interest of your child.
We’ve all heard the saying: “Don’t let the bedbugs bite.”Most people don’t take the warning seriously.After all, bed bugs are a thing of the past, right?Wrong.In the last few years, reports of bed bug infestations have dramatically increased.Bed bugs have been reported in hotels, apartments, and office buildings, causing all sorts of legal consequences. (See also here.) Here are a few things you need to know to keep yourself and your family safe.
These are bed bugs. Small, flat, and rusty brown in color, bed bugs survive by drinking the blood of other animals.They are attracted to body heat and the carbon dioxide emitted while breathing.Depending on how often a bed bug eats and the climate in which it lives, the average bed bug lives about a year.
Cross contamination is a serious concern when it comes to bed bugs.These little creatures can travel hundreds of miles in clothing or luggage.A Pennsylvania man successfully sued a Florida Radisson for an infestation of his home after he unknowingly transported bed bugs from the hotel to his family. (Prell v. Columbia Sussex Corp., Civil No. 07-2189, 2008 U.S. Dist. LEXIS 84536.) Likewise, an infestation of a hotel or place of business may originate from an employee whose home is contaminated.
Getting rid of bed bugs once they’ve invaded is a costly, potentially dangerous endeavor.A Cincinnati family lost their home when an exterminator’s heat treatment caught their living room carpets on fire.Insecticides used to combat infestations have also been linked to several deaths overseas.
Suddenly, the warning “don’t let the bed bugs bite” doesn’t sound so silly.If you are concerned that your home, hotel room, or office building might be harboring bed bugs, the Environmental Protection Agency website has some great information about identifying bed bugs, preventing their spread if you don’t have them, and getting rid of them if you do.You might also want to check out the Bed Bug Registry.(Please note, the registry does not verify reports made by users.)Getting informed could save you a lot of money…and a lot of itchy nights!
Early in the morning of February 22, 2012, a drunk driver going the wrong way on I-65 in Nashville struck and killed a 29 year old who was making delivery runs for her job. When police arrived on the scene, the driver reported that she was in the back of a taxi cab because she was too drunk to drive. The Tennessean has more on the story here, here and here.
We all wish that this story were an aberration, but it is not. I regularly receive calls from individuals who were doing absolutely nothing wrong when their lives or the lives of loved ones were forever changed by the selfishness and stupidity of a drunk driver. When I'm representing victims in these types of cases, it seems that nine times out of ten, the drunk drivers have little to no insurance, leaving the victims holding the bag. Though uninsured motorist coverage can help, it does not make up for the damage that has been done.
Victims also have the option of pursuing action against the bar or restaurant that overserved the drunk driver. I have helped handle these kinds of cases and, though they are extremely difficult, they can be won in the right circumstance, i.e. when there is very strong evidence that the bar either served a minor or someone who obviously needed to be cut off.
The point of all this: Don't be stupid. If you're going to drink, don't drive. If you work at a restaurant or bar, follow the rules they taught you in TIPS training and don't overserve. If you or a loved one is injured by a drunk driver, get an attorney involved early to protect your rights.
From Facebook, to Twitter, to Youtube, it seems like everyone is sharing their lives with the world via social media. Even if you’ve never used these sites yourself, you probably know someone who does and have looked at their profile pages, pictures, and videos. It’s a fun, interactive way to stay connected with people you know and express yourself, right? So why is a blog written by a bunch of lawyers talking about social media? What do these sites have to do with the law?
Based on the posts, comments, and pictures of the average user, it is obvious that the possibility of negative consequences is the last thing on people's minds. It shouldn’t be. Nobody ever plans to be involved in a lawsuit, but the reality is you may be one day. If and when that day comes, whoever you are suing (or is suing you) is going to look at your Facebook page, MySpace page, and Twitter account for any information they might be able to use to their advantage. Trust me, discrediting and impeaching information is all over the web.
Maybe the most obvious scenario where profile information would be damaging is in divorce cases. (See also). Two-thirds of divorce attorneys surveyed by the American Academy of Matrimonial Lawyers identified Facebook as the “primary source” for online evidence in divorce cases. Comments, posts, and pictures may be allowed to be introduced to discredit your testimony . In these situations, the opposing counsel is going to take the pictures, comments, etc., out of context. Just think how often people and media overreact to pictures of celebrities before an explanation is given. Even after an explanation is given, people are still skeptical. The old saying comes to mind, “you never get a second chance to make a first impression.”
Angry spouses aren’t the only people who may use your cyber-information against you. In Connecticut, two female Yale students pressed charges against a male Texas resident for his derogatory comments and pictures of the two girls on an internet discussion board. He was found guilty! Click here for the story.
It may seem like the best solution is to start deleting everything off these websites. But that might get you into trouble, too, particularly if you are already involved in a lawsuit. There are rules about what evidence is used in court and how it is to be preserved. (As a matter of fact, the Federal Rules of Evidence have their own Facebook page.) Recently, a Virginia man and his attorney found themselves in hot water over Facebook activities. In this case, the man was suing for the wrongful death of his wife. The attorney advised his client to remove pictures from his Facebook page in which he was holding a beer and wearing a shirt that said “I [heart] hot moms.” The judge found that removing the pictures was destroying evidence. The judge ordered the attorney to pay $522,000 for instructing his client to remove the photos and the client to pay an additional $180,000 for following his attorney's advice!
That old saying you heard as a child rings true even for what you post on the Internet: “THINK BEFORE YOU ACT." Take the time to consider, each time you are about to post, “If someone who knew nothing about me or the circumstances surrounding this post saw this, what would they think?" You should always consider the potential repercussions of the information you post on your social networking websites. It may just come back to haunt you if you don't.
The Consumer Product Safety Commission has recalled about 3,000 single and double jogging strollers due to injuries that can occur because of a fall hazard presented by the strollers. Imported by Kelty, the CPSC said the front wheel can come off during use, causing the stroller to fall over. There have three reported incidents which fractured bones to adults and minor cuts and scrapes to children. Read more on the story from the AP here. The recalled strollers are described as:
"The strollers were sold in blue and gray and orange and gray color combinations. "Kelty Kids" is embroidered on the front of the stroller in the child's leg area. The affected model numbers, which are printed on a tag in the stroller seat area, are: 20090116, 20090216, 20090116B, 20650611, 20650411BLU and 20650411CU."
The Rocky McElhaney Law Firm represents parents and children who have been injured by dangerous products like these strollers. To learn more about the firm's commitment to child safety click here.
Another day and another poignant example of why uninsured/underinsured motorist (“UM”) protection is critical for all of us and our families. (UM coverage compensates you for losses you suffer when you are injured by a driver who has little or no insurance.) The Tennessean recently featured an article about the new poor struggling to get by in Middle Tennessee.
The Mayer family detailed in the article went from making $100,000 a year and driving a BMW to living on the streets. How? Mrs. Mayer was struck by a drunk driver just before Christmas of 2008. The driver had only $15,000 in liability insurance. Mrs. Mayer’s doctor bills were $800,000. The family was forced to sell everything they had.
What does this story have to do with uninsured motorist protection? Well, if something like what happens to the Mayers happens to you or your family and you have uninsured motorist protection in place, that coverage can kick in to pay for medical treatment and smooth some of the financial risks associated with a serious injury.
Please talk to your insurance agent about what level of uninsured motorist protection you have. Everyday, I talk to families who have been injured through no fault of their own by a driver with little or no insurance. They just didn’t know that there was protection available to them.
I was in a meeting yesterday with a potential new client who asked, "Well, let's cut to the chase. Are you any good?"
"I am really good," I quickly replied, suprised by the bluntness of both the question and my answer.
Client continued, "Well who have you beat?"
"Everybody," I said.
He seemed satisfied with that exchange. We settled into the client meeting and ended up accepting his case for representation. That brief exchange with the new client caused me to reflect on the successes this small but powerful law firm has had against some of the nation's largest and richest corporations and insurance companies. The list of corporate giants we have beaten at trial or obtained voluntary settlements from includes:
- General Motors - Wal-Mart
- Federal Express - AIG (now Chartis after taking all that stimulus money)
- Ford Motor - Pepsi Bottling
- Coca-Cola Enterprises - Hilton
- Cracker Barrel - All State
- Penske - Walt Disney
- Bank of America - JP Morgan Chase
- AT & T - CVS
- Kroger - State Farm
- Home Depot - Target
- Nissan North America - MetLife
- UPS - Lowe's
- Comcast - Liberty Mutual
- Johnson Controls - Blue Cross Blue Shield
- Aetna - CSX Railroad
- McDonald's - Publix
- Macy's - Goodyear
- Whirlpool - JC Penney
These are just some of the Goliaths our law firm has toppled. Most of the companies on this list are in Fortune 500's the top 150 largest U.S. companies. To see some of our results against these companies and many more take a look at Rocky McElhaney Law Firm's Verdicts and Settlements.
In the South, there is an old but very true saying, "It is not the size of the dog in the fight but the size of the fight in the dog." (No reference to Michael Vick intended). Although RML is relatively small in numbers (13 total employees including 6 lawyers), we have challenged the nation's premier companies and won in cases involving automobile accidents, train crashes, tire explosions, dangerous property, slip and falls, burn injuries, traumatic brain injuries, workers compensation accidents, construction accidents, insurance claims, bodily injury and much more.
78 Year Old Disabled Nashville Widow Avoids Foreclosure Sale and Will Remain in Her Home
The Rocky McElhaney Law Firm is happy to announce that Ms. Helen Bailey will be living in her home of 20 years for the rest of her life. On Friday, February 10, 2012, RML Associate Steven Fifield finalized an agreement with representatives for JP Morgan Chase to allow Ms. Bailey to remain in her home in north Nashville. While the terms of the agreement are confidential and the final paperwork incomplete, the threat of a sale at foreclosure has ended, and Ms. Bailey will be able to live out her days knowing no one will force her out of her home. Currently, there are over 78,000 signatures on Change.org’s online Economic Justice Petition.
“This is a great day for Ms. Bailey and we are thankful that Chase chose to work with us,” said Steven Fifield, the firm’s lead attorney for Ms. Bailey’s case. “The housing crisis continues to affect the lives of countless people. Ms. Bailey has given a voice to the voiceless.”
According to RML Firm founder Rocky McElhaney, his firm “has represented the 99% for over a decade now. Saving Ms. Bailey’s home was important to us, because we realize that every day citizens in Tennessee face problems that seem insurmountable, whether they are the victim of foreclosure, a workers’ compensation insurance company that tries to deny needed treatment, or have been left disabled by an automobile collision.” Mr. McElhaney promises that his firm will continue to work for people like Helen. “As long as banks and insurance companies continue to act in the interest of their own bottom line instead of the interest of the citizens of Tennessee, the Rocky McElhaney Law Firm will stand with people like Helen Bailey.” The firm handled Ms. Bailey’s matter pro bono.
When Ms. Bailey heard the news, she was overcome with relief. “Oh my goodness, I knew the good Lord would answer my prayers. Rocky and Steve have stood by me, and I feel like a weight has gone from my shoulders. I love my home and my community and I am so blessed to be able to stay here. I am thankful for the support of my neighbors and the nation.” She offered a special thank you to Chase.
Mr. Fifield says that the process of a reverse mortgage to finalize Ms. Bailey’s ability to stay in the home is underway, and all the paperwork should be finalized by mid-March. He says the next fight is to make sure Ms. Bailey has enough money to pay her property taxes and homeowners’ insurance every year since the two daughters that purchased the home with her moved out and ceased helping Ms. Bailey with the bills. According to Fifield, “we are in the process of setting up a bank account to hold in trust any and all funds donated by Ms. Bailey’s supporters to make sure she does not run afoul of Metro with those taxes each year.” Anyone interested in making a donation for Ms. Bailey should contact Mr. Fifield at (615) 425-2500 or steven@rockylawfirm.com.
The firm plans to partner with Occupy Nashville’s foreclosure unit to hold a celebration event at Helen’s home in the near future. The Rocky McElhaney Law Firm, currently located at 1311 Sixth Avenue North, Nashville, Tennessee 37208, specializes in personal injury and workers’ compensation claims, and can be reached at 615-425-2500.
It never ceases to amaze me the things I unintentionally overhear. Not to long ago, while out for dinner, I overheard a woman ask for a "to-go" cup for her strawberry daiquiri. When the waitress declined that request, the woman and her husband demanded to speak to a manager, made a terrible scene, and left the poor waitress no tip.
What this woman probably didn't realize, and what every Tennessee driver should know, is that Tennessee law makes it a crime for a driver to consume or possess an open container of alcohol while operating a vehicle. (Tenn. Code Ann. 55-10-416) Having an open container in the car is one of the fastest ways to turn an ordinary traffic stop into a trip to the nearest jailhouse.
Not only was the poor waitress trying to keep the ungrateful customer from possibly committing a crime, she also knew that her employer risked liability. If the woman had caused a car accident, the restaurant could have been held partially responsible for selling the alcohol to her. In Tennessee, and most other states, if a restaurant serves alcohol to a visibly intoxicated person who later causes injuries, the victim has a potential claim against the restaurant. (Tenn. Code Ann. 57-10-102). By refusing to give the woman a to-go cup for her daiquiri, the waitress protected herself and her employer from potential liability. She really deserved a bigger tip.
If you or someone you know has been injured by an intoxicated driver, contact an attorney who can protect your rights. The Rocky McElhaney Law Firm has handled numerous cases against drunk drivers, and our experienced legal team
Mar 27th
