Category Archive for: ‘Litigation’

Apologies, lawsuits and John Wayne

We live in a society where apologies seem out of fashion. John Wayne is quoted as saying: “Never apologize and never explain. It’s a sign of weakness.” But what should you say if you are involved in an accident and someone else is injured? It is only natural to show concern for another person’s suffering. Does it show weakness? And …

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Attorney’s’ Fees – Who Pays?

If you believe the loser pays the attorney’s fees of the winner in a lawsuit, you are probably wrong. The general rule in the United States is that each party is liable for its own attorney’s fees. The loser pays only court costs (filing fees) and in some cases, in the discretion of the Court, is awarded other costs such …

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Why a Document Retention Plan Is Important

We are often called upon to litigate disputes involving lost or missing documents. Contracts, receipts, cancelled checks, invoices and other documents are often the best evidence to prove – or disprove – a claim. A litigant who enters a courtroom without this evidence is at a serious disadvantage. Consider, for example, the case of a vendor who swears that invoices …

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Liability For Injury Occuring On One’s Property

When is a homeowner or business owner responsible for injuries occurring on his or her property? Like many legal questions the answer is “it depends.” As a general rule the owner is required to exercise reasonable care to maintain the premises in a safe condition for those who come on the property. An owner must correct or warn against any …

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Is an Accident Report Admissible in a Personal Injury Lawsuit?

The short answer is no.  First, the report contains multiple instances of hearsay, which are statements, other than ones made by the witness while testifying at trial, offered in evidence to prove the truth of the matter asserted.  Tenn. R. Evid. 801(c).  Hearsay is not admissible in evidence unless it fits within one of the recognized exceptions contained in Tenn. …

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Trial Victory

Wilson Worley shareholder, Steve Huret, and associate, Katie Steffen, obtained a verdict of zero dollars ($0.00) after a two day jury trial in Hawkins County Circuit Court on behalf of their client, who was the defendant in a personal injury and property damage lawsuit that resulted from a car wreck.  The defendant admitted liability for the car wreck, so only …

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