In the matter of, Spence v. Miles Laboratories, Inc., 810 F. Supp. 952 (E.D. Tenn. 1992), a hemophiliac, who allegedly contracted acquired immune deficiency syndrome (AIDS) from blood clotting factor concentrate, and his wife sued manufacturer of clotting factor. This Court had previously denied a motion by defendant Miles Laboratories, Inc. (“Miles”) for summary judgment. The case came before the Court on Miles' motion to reconsider. Wynne Spence was born with hemophilia, an inherited … [Read more...]
Gammons campaign disclosures
September 21, 2014 by
Macon ouster Gammons campaign disclosures … [Read more...]
Sheriff Gammons Ouster File Stamped Lawsuit Complaint
September 9, 2014 by
Macon County Ouster Filed Stamped Complaint … [Read more...]
Can you trust nice little old lady in fender bender?
October 10, 2013 by
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 I demand medical records from my doctor?
October 7, 2013 by
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?
August 15, 2013 by
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?
August 8, 2013 by
"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...]
