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

Full moon Halloween pic

Tomorrow night is Halloween.   If your kids trick-or-treat on the ever-popular Richland Avenue in Nashville or Main Street in Franklin, then they can collect candy without worrying about cars. But most streets in our area are not closed for trick-or treating, so it is imperative for drivers to exercise extra care to help keep Halloween safe. Here are 10 tips: Continue reading


I just read an article that suggested tech companies like Google and Apple should rethink entering the automotive market because it is a “different animal” due to the cost associated with building auto plants, building sales and service networks and the “daunting liabilities involved when human lives are at stake.” Retired Vice Chairman of General Motors actually sneers at the notion that “Silicon Valley techies” could do it smarter or better. While admittedly, I do not have much information or expertise on the cost of plants or the network issues, let me rant for a moment, if you will, on the liabilities issue.  Continue reading

med mal photo

Because the practice of medicine is complex, there is not an easy answer to this question. But, here are some things to consider when trying to decide if you have been the victim of malpractice.

First, a mistake has to be made. In legal terms, we call this falling below the standard of care. Did the doctor act or fail to act as a reasonable physician would in the same or similar circumstances?

Second, did the mistake cause any harm? This factor is called causation and is usually the trickiest part of medical malpractice cases. Why? Because under most circumstances, when a patient sees a doctor, there is a reason: they are already sick. So lawyers and the law must sort out whether the patient got worse because of the already existing disease process or the doctor’s mistake. Of course, there are some cases in which it is very easy to conclude the doctor’s mistake caused the harm. For example, if a sponge is left in a patient during surgery necessitating a second operation, then of course the doctor’s mistake caused harm. Or, if the doctor performed the wrong operation or performed it on the wrong body part, then causation is not going to be an issue. Continue reading

Ironic door sign

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading


This seems to be Congress’ position on the issue. Because in the past year, they have decided to weaken a number of important safety measures despite the fact that the death toll in truck-involved crashes has risen 17 percent from 2009 to 2013 (which is the most current data) and despite the estimated cost of tractor-trailer and bus accidents is roughly $99 billion dollars a year. Yes, that is billion with a B. And, that is just economic cost.  It does not reflect the emotional suffering the victims and their families suffer as a result of these accidents. So, let’s take a look at just a few steps that Congress has taken in favor of the trucking industry and against the rest of the motoring public. Continue reading

sports photo

Whether your kid is involved in softball, baseball, basketball, gymnastics, soccer, football, cheerleading or other type of sport, the registration process almost certainly included a sports or liability waiver.   Typically, the parent or guardian is asked to release the organization, coaches, etc. from any claims arising from their child’s participation. And, because the waivers are presented as a take-it or leave-it, negotiation is not an option.  So, you sign it.  And then, the worst happens: your child gets injured. What do you do next? Continue reading

prison pic

Yesterday, Stewart Parnell was sentenced to 28 years in prison for conspiracy, fraud and other federal charges that related to knowingly shipping out salmonella-tainted peanut butter that sickened and killed people. And all I can say is: it is about time. It is about time that corporate executives who make reckless or knowing decisions that ultimately kill people receive jail time.

“Just ship it.” That was Mr. Parnell’s response when notified of the problem by a plant manager.   To be clear, this was not a case in which a company was unaware of a problem with their product. To the contrary, Parnell and Peanut Corp. of America knew the peanut butter was contaminated with salmonella. In fact, they covered up positive lab tests and shipped it out anyway. The result: 9 people were killed and 714 were sickened. Perhaps, Parnell’s sentence will send a message to corporate executives across the country that public safety comes before profits. Continue reading