There are two reasons there is not a substantive post today. First, I am speaking for three hours at our Justice Programs seminar today and am quite busy. Second, my wife Joy and I went to see Bruce Springsteen in concert last night in Nashville and I did not get…
HeathGrades studies Medicare patient care in our nation’s hospitals based on 15 indicators of patient safety. Here are some highlights from the 2009 report representing data from 2005 -2007: · There were 913,215 total patient safety events among 864,765 Medicare beneficiarieswhich represents 2.3 percent of the nearly 38 million Medicare hospitalizations. · These…
Rule 104 of the Tennessee Rules of Evidence permits the trial judge significant leeway in what may be considered in determining what evidence can be admitted at trial. It provides as follows: Rule 104. Preliminary questions. —(a) Questions of Admissibility Generally. —Preliminary questions concerning the qualification of a person to…
The United States Department of Transportation has adopted the Motorcoach Safety Action Plan following an analysis of safety data. DOT has identified seven priority action items that will have the greatest impact on reducing motorcoach crashes, fatalities and injuries. The items include the following: Rulemaking concerning electronic on-board recording devices…
Here are the first few paragraphs of an article that I wrote for the November 2009 edition of the Tennessee Bar Journal titled "Party Planning for Tort Lawyers." Rest the rest of the article (and the footnotes) here. Litigation in a world of comparative fault and several liability involves party…
Former Justice Penny White, former Judge Joe Riley and I are presenting our annual seminar program for civil trial lawyers in Nashville this week. Learn more and register here.
Ford Motor Company has announced that is bringing to market the world’s first automotive inflatable seat belts, combining attributes of traditional seat belts and air bags to provide an added level of crash safety protection for rear seat occupants. “Ford’s rear inflatable seat belt technology will enhance safety for rear-seat passengers…
The National Highway Traffic Safety Administration (NHTSA) recently released a report titled "Motorcycle Helmet Use and Head and Facial Injuries." The Report has a lot of data on motorcycle crashes and the injuries the result, comparing the injuries received by those wearing helmets and those that do not. Here are…
F. Chris Cawood v. Linda Booth, et al., E2007-02537-SC-R11-CV, (Tenn. Ct. App. Nov. 25, 2008) has a set of facts you don’t run into every day or, at least, I hope you don’t run into everyday. Here is the description of the case from the opinion of the Tennessee Court…
The use of seat belts continues to increase in the United States. Seat belt use in 2009 stood at 84 percent, a gain from 83 percent use in 2008. This result is from the National Occupant Protection Use Survey (NOPUS) which is the only survey that provides nationwide probability-based observed…