Day on Torts

I am a fifty-one year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-six years, both in an effort to help my clients and help other lawyers do a better job representing their clients. I represent plaintiffs in personal injury and wrongful death cases. I also represent people and businesses in business litigation.

I grew up in Spencer, Wisconsin, a village about 140 miles due north of Madison. I graduated from the University of Wisconsin - Platteville in 1978 with a B.S. degree in Comprehensive Business and Economics.

I then moved to Chapel Hill, North Carolina, where I attended the University of North Carolina. I received my J.D. degree in May 1981, graduating with honors. I was elected to the Order of the Coif and served on the staff of the North Carolina Law Review.

I moved to Nashville in May 1981. I was an associate and later a partner in a Nashville firm from 1981 - 1992, and had the privilege to learn how to be a trial lawyer from John T. Conners, Jr. On January 1, 1993, John Branham and I started our own firm which has grown to five lawyers. In 2007 John Branham left the firm and the firm was renamed Day & Blair, P.C. Our practice is limited to complex civil litigation on behalf of plaintiffs in personal injury, wrongful death, medical malpractice, products liability, automobile and trucking liability and other tort cases. We also handle other civil litigation matters on behalf of individuals and businesses. -

I enjoy bar association activities. I served as President of the Tennessee Trial Lawyers Association, Chair of the Association of Trial Lawyers of America Council of State Presidents, and a member of the Board of Directors of the Nashville Bar Association. I am also a past President of the National Board of Trial Advocacy, a non-profit group that certifies trial lawyers across the Nation, and continue to serve on the board of that organization. In 2006 I was elected to the American Law Institute.

I also enjoy working on committees designed to improve the quality of the legal system. The Tennessee Supreme Court has appointed me to the Commission on Continuing Legal Education and Specialization; I served two terms on that Commission and served as its Chair. I currently serve as a consultant to the Tennessee Judicial Conference's Committee on Pattern Jury (Civil) Instructions; I am one of two non-judges on that Committee. Lt. Governor John Wilder has appointed me to the Tennessee Judicial Evaluation Commission, the group that evaluates Tennessee's appellate judges. I have also served on the Tennessee Supreme Court's Alternative Dispute Resolution Commission. Effective January 1, 2008, the Tennessee Supreme Court has appointed me to its Advisory Commission on the Rules of Practice and Procedure.

I have been an active legal writer and speaker. In 1995 I founded the Tennessee Tort Law Letter, a monthly newsletter about tort law in Tennessee. Donald Capparella and I wrote the newsletter together for ten years; I now work with Rebecca Blair and Brandon Bass on it.

Donald and I also wrote Tennessee Law of Comparative Fault, the only book in Tennessee in the field. John Wood joined us for the Second Edition; the book is published (and updated annually) by Thomson West Publishing Company. I have also written over 30 articles for legal publications and 3 chapters in legal books.

I have recented authored "Day on Torts: A Handbook for Tennessee Tort Lawyers 2008" The book will be revised and re-published annually.

I have been honored to speak at legal seminars across the country. I have given approximately 200 speeches to lawyers in 19 different states. In 2004 former Tennessee Supreme Court Justice Penny White and former Tennessee Court of Criminal Appeals Judge Joe Riley and I started "Justice Programs" to offer seminars to Tennessee lawyers.

I was honored to be named in the 1993-94 edition of Best Lawyers in America at the age of 36, and have been included in every edition thereafter. Other than the opportunity to represent my wonderful clients, my biggest professional honor was election to the American College of Trial Lawyers in 2002 at the age of 45. Less than 140 Tennessee lawyers are Fellows in this organization and less than 20 of those have a substantial practice on behalf of plaintiffs in personal injury and wrongful death cases.

On the personal side, my wife Joy (also a lawyer) and I would rather be at our cabin on Tims Ford Lake outside of Lynchburg, Tennessee than any other place in the world. Joined by Sarah (age 16) and Michael (12), my children from a previous marriage, we enjoy boating and other water sports. We also love to hike. Joy and I ride motorcycles (a Harley Davidson Sportster and a BMW 1200 CLC, respectively). We both are Tennessee Titans fans, and Joy is an avid University of Tennessee Vols football fan.
On August 8, 2007 Kaitlin Irene Day entered our lives; Joy and I were blessed to have a healthy
baby girl join our family.