Can you trust nice little old lady in fender bender?

old-woman

I received a phone call from a friend of mine who informed me he was in a fender bender with no remarkable property damage other than superficial scratches.  He informed me that he did not call the police for a police report and gave her cash to cover the scratches.  He remarked that he trusted the lady and gave her his information such as license tag and number.  This reminded me of the Andy Griffith Show episode where Barney bought a car from the proverbial nice little old lady that appeared … [Read more...]

Can a child file a lawsuit?

download

Minors in Tennessee can be a party to a cause of action for a variety of torts.  However, “Minors cannot act for themselves in contracting with counsel and otherwise making provisions to institute [a lawsuit]. They must depend on someone to act for them.” Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984).  Because minors cannot sue in their own names but must sue by another, id., an infant may sue by next friend if the infant “does not have a duly appointed representative, or if justice requires.” … [Read more...]

Can I demand medical records from my doctor?

hospital records

In the course of my personal injury and workers compensation practice, clients often disclose to me prior to retaining our firm that their physicians refuse to provide medical records or delay production.  In Tennessee, patients have a variety of rights in their medical care. A paramount right is access to your medical records.   Physicians in Tennessee can me sanctioned and fined by the Tennessee department of health for not complying with the law.  Physicians and hospitals in Tennessee are … [Read more...]

Do step parents have visitation rights in Tennessee?

The answer is yes.  Step parents in Tennessee do have visitations rights under certain circumstances but such rights are not entitled automatically.  T.C.A. 36-6-603 set out the following: (a) In a suit for annulment, divorce or separate maintenance where one (1) party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent jurisdiction upon a finding that such … [Read more...]

Must court approve jury award of punitive damages?

"After a jury has made an award of punitive damages, the trial judge shall review the award, giving consideration to all matters on which the jury is required to be instructed.  The judge shall clearly set forth the reasons for decreasing or approving all punitive awards in findings of fact and conclusions of law demonstrating a consideration of all factors on which the jury is instructed."  Hodges v. S.C. Toof & Co., 833 S.W.2d at 902. After a jury awards punitive damages, it is … [Read more...]

Fall Risks for Older Adults

fallrisks_355px

According to a new CDC study published in the Morbidity and Mortality Weekly Report (MMWR), an estimated 234,000 people ages 15 and older were treated in U.S. emergency departments (ED) in 2008 for injuries that occurred in bathrooms. Four out of 5 of these injuries were caused by falls—which can have especially serious consequences for older adults. Almost one-third (30 percent) of adults aged 65 and above who were injured in bathrooms were diagnosed with fractures. Among adults aged 85 and … [Read more...]

Choice of Law on Tennessee (Torts) Personal Injury Cases

If you sustain a personal injury in a particular state, it is commonly thought and expected that the law of that state (forum) will apply.  It is common for a choice of law issue to arise before a trial court where the forum is not the state of where in the personal injury occurred.  In Hataway v. McKinley, 830 S.W.2d 53 (Tenn. 1992), Grady Hataway died as a result of injuries he sustained during a scuba dive in a North Little Rock, Arkansas, rock quarry. The dive was supervised by the … [Read more...]

What is difference between separate property and marital property?

house

In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same.  Separate property or … [Read more...]

Divorce mediation required in Tennessee?

In Tennessee, adjudication of a divorce can occur in two ways.  You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to.  If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court.  However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator.  The Tennessee legislature enacted  T.C.A. 36-4-131(a) where each party of a … [Read more...]

Welcome to my family law blog.

Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have.  Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated.  If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]

- Sitemap - Privacy Policy

Disclaimer: The material included in this web site is general and not intended as legal advice. Readers should not act upon information contained in this material without professional personal legal counseling. All information on this web site is provided without any warranty, express or implied, as to their legal effect and completeness. The law office of Roland Mumford does not warrant any information provided via this web site, nor is an Attorney-Client or Attorney-Attorney relationship created in any way by providing information to you on this site. If you have a legal problem, we suggest that you consult an attorney in person as soon as possible. Call now (615)348.0070.
Law Office of Roland Mumford | 639 East Main Street, Hendersonville, TN 37075 | Mumfordlaw.net
We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.