mangled bike

Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags.  The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats.  The Consumer Product Safety Commission issues a new recall virtually every day.   As a consumer, how do you know if the products you and your family use are safe?  And what do you do if you get hurt by a defective product? Continue reading

pill bottles

You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR.  Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading


So, it is January 4th.  How many of your New Year’s resolutions are already busted?  If you are like most of us, it is probably at least one.  That is the bad news.  But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading


Earlier this month, a Shelbyville woman was arrested for her 17th DUI. No, that is not a typo– seventeen DUIs.   According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license.  If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading


A few weeks ago, I received a voicemail from a lawyer indicating he would like me to be a witness in a case and wanted to talk to me about my recollections surrounding the event at issue. I will confess my response was to cringe a little. As a trial lawyer, I am intimately familiar with the litigation process so nervousness about the process, etc. was not the issue as it understandably is with some who get a subpoena. Instead, my cringing had more to do with the time involved in being a witness and getting involved in a conflict with folks that I happen to know. But once the cringe moment passed, I realized this was an opportunity similar to the one I received when I was called for jury duty. It was an opportunity for me to be reminded of what it is like to be a part of litigation in a role other than as a lawyer.

So I thought it might be helpful to write a few posts about the overall process of being a witness in hopes it might be helpful to others in the same situation. Let’s start with the cardinal rule: any trial lawyer worth his or her salt does not want you to testify at a trial without knowing what you intend to say. So that only leaves a few options. Continue reading

Wheelchair pedestrian

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured.  But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available.  Why is this happening? Continue reading

Job Application-3 copy

Ban the Box is a movement, which seeks to eliminate from job applications any questions about a job applicant’s criminal background.   The theory behind the movement is that by “banning the box” prospective employers will not automatically discriminate against and eliminate candidates in the hiring process.

Metro Nashville has adopted a ban-the-box policy that will take effect January 1st. As it has been reported, under the policy, job applicants will not be asked if they have ever been convicted of a crime unless they are applying for a position in an emergency department or a Metro school position. It also does not prohibit the applicant from being asked about their criminal history during an in-person interview or prevent a criminal background check. Continue reading


This really is the big question, isn’t it? On Avvo, you see it asked a lot by folks who are trying to handle their case without a lawyer. And at the Law Offices of John Day, we get asked this question, or some variation of it, almost every single day by clients who call in for a free initial consultation.  And, believe it or not, other lawyers often ask us this question when they are trying to handle an injury or death case even though that is not their normal area of the law. So what is the answer? Continue reading

drowsy driving

More than 1/3 of Americans have reported following asleep at the wheel, and drowsy driving causes roughly 100,000 accidents each year, claims roughly 1,500 lives and results in 71,000 injuries.  In fact, driving while sleepy can impair your performance as much as alcohol.

While drowsy driving can affect anyone, some folks are more at risk than others and include: Continue reading