Day on Torts

November 24, 2009

Sources for Closing Argument Stories

The Winning Trial Advocacy Tips blog has a great post titled "Sources for Closing Argument Stories." The post identifies nine different sources for stories that can be used in closing arguments.

Here is brief excerpt:

1. Aesop’s Fables. Aesop’s Fables contains dozens of valuable themes for use in your next trial. By weaving these fables into your closing argument, you’ll help jurors immediately understand the underlying values of your arguments and see why your client deserves to win. The Tale of the Sour Grapes, the Tale of the Lioness and the Vixen, the Tale of the Wolf in Sheep’s Clothing — these stories will not only educate your jurors, they’ll also entertain them.

November 22, 2009

New Medical Malpractice Case Filing Statistics

by The Law Offices of John Day, P.C.

Here is the most up-to-date data on medical malpractice case filings in Tennessee.

Regular readers know that effective October 1, 2008 the General Assembly imposed significant restrictions on patients who want to file a medical malpractice suits. The new law, which was modified again effective July 1, 2009, requires pre-suit notice and the filing of a certificate of good faith.

For the 12-month period ending September 30, 2008, 644 medical malpractice lawsuits were filed in Tennessee. A whooping 140 of those were filed in September 2008 as lawyers filed suits to avoid the burden and risks of filing cases under the new law. If September 2008 were an average month, one would have expected only 45 cases to have been filed.

November 20, 2009

“Old Warriors”

by The Law Offices of John Day, P.C.

Gary Gwilliam from California has written a very interesting article called "Old Warriers" for Plaintiff Magazine. Read the article here.

November 19, 2009

The Boss in Nashville

by The Law Offices of John Day, P.C.

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 to bed until 12:30 this morning. The Boss gave a great 3-hour show, and included one of my favorite songs, Badlands;

Lights out tonight, trouble in the heartland.
Got a head-on collision, smashin in my guts man.
Im caught in a crossfire that I don’t understand.
But there’s one thing I know for sure girl:
I don’t give a damn for the same old played out scenes
I don’t give a damn for just the in-betweens.
Honey I want the heart, I want the soul, I want control right now.
You better listen to me baby:
Talk about a dream; try to make it real.
You wake up in the night with a fear so real.
You spend your life waiting for a moment that just don’t come.
Well don’t waste your time waiting

November 18, 2009

HealthGrades Sixth Annual Patient Safety in American Hospitals Study

by The Law Offices of John Day, P.C.

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.

November 17, 2009

Rule of the Week – T.R.E. Rule 104(a)

by The Law Offices of John Day, P.C.

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 be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination the court is not bound by the rules of evidence except those with respect to privileges.

Here is subdivision (b):

November 17, 2009

Motorcoach Safety Action Plan

by The Law Offices of John Day, P.C.

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 to monitor drivers’ duty hours and manage fatigue.
Rulemaking to prohibit cell phones for drivers.
Rulemaking to require seatbelts.
Development of roof crush performance requirements.
Study stability control systems for motorcoaches.
Enhance oversight of carriers.
Establish minimum knowledge requirements for companies who seek to transport passengers.

Read the entire report here.

November 16, 2009

Party Planning For Tort Lawyers

by The Law Offices of John Day, P.C.

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 planning. Planning a party is hard work. One essential component of the party planning process is determining who to invite, and party planning by committee presents a whole new set of challenges. Everyone agrees that some people must be at the party. Everyone agrees that certain people should not be there. And, while everyone agrees that the party should occur on the selected date, there is often a disagreement about whether certain people should be extended a party invitation.

In tort litigation, the original host of the party is the plaintiff, and the plaintiff frequently has a good idea of who should be invited to the party. Competent plaintiff’s lawyers also want the party to occur as soon as reasonably possible.

November 15, 2009

Justice Programs Seminar in Nashville on November 19 and 20

by The Law Offices of John Day, P.C.

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.

November 13, 2009

Inflatable Seat Belts?

by The Law Offices of John Day, P.C.

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 of all ages, especially for young children who are more vulnerable in crashes,” said Sue Cischke, Ford group vice president of Sustainability, Environmental and Safety Engineering. “This is another unique family technology that builds on our safety leadership, including the most top safety ratings of any automaker.”

Ford will introduce inflatable rear seat belts on the next-generation Ford Explorer, which goes into production next year for the North American market. Over time, Ford plans to offer the technology in vehicles globally.