Injury Cases

April 6, 2014

Sexual Abuse and the Roman Catholic Church: The Crisis Continues

The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other".

As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14.

According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.

March 25, 2014

Fires and Medical Oxygen: 10 Things You Can Do To Protect Yourself

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

According to data published by the Tennessee Fire Incident Reporting System, in the past five years, seven people have lost their lives due to fires caused by medical oxygen. Another nine people were injured and the property damage associated with these fires exceeds $710,000.00.

Oxygen-rich environments present a very real fire threat. But, there are steps you can take to prevent a serious accident:

1. Keep oxygen canisters at least 5 to 10 feet away from ignition sources such as candles, fireplaces, stoves, etc.

February 24, 2014

First Step Taken to Make Passenger Trains Safer

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

Metrolink has now installed Positive Train Control Technology on its first train, and the company expects to have all of its trains and tracks covered by the safety technology by the end of the year. We first posted about Positive Train Control in this post and we told you more about it here and here.

There are two remarkable points about the Metrolink roll-out of the Positive Train Control Technology. The first is the price. Metrolink has estimated the cost will total $216 million. While at first blush that is a lot of money, let’s put it in perspective. In 2008, a Metrolink engineer who was busy texting instead of doing his job, ran a red light, and crashed into a freight train. 25 innocent people were killed and the members of their family were devastated. In addition, more than 100 other victims were injured in that completely preventable accident. Late last year, a New York commuter train was speeding as it entered a sharp curve causing it to derail and kill 4, critically injure 11 and injure another 46 passengers. If Positive Train Control prevents just one such crash, it would be worth it. Indeed, since human error accounts for roughly 40 percent of all train accidents, Positive Train Control will ultimately be a bargain.

The second remarkable point is the date by which Metrolink expects to complete implementation of the safety system. Metrolink projects it will be done by the end of 2014. Congress has passed legislation which requires railroad companies to implement the technology by 2015. A significant number of railroad companies have balked at the deadline claiming it was not possible. In fact, there have been discussions about extending the deadline to allow train companies to have more time to achieve compliance with the law. Since it looks like Metrolink will finish installing the technology a year before the deadline, it seems the feet-draggers just need to shut up and get busy.

February 21, 2014

Do You Know the Number One Cause of Spinal Cord Injuries And Who Is Most At Risk?

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

Surprisingly, falls have now overtaken car accidents as the number one cause of spinal cord injuries. And, the average age for a spinal cord injury victim has risen by a decade to age 51. Most researchers believe there is a combination of factors at play in these new findings: (1) older Americans are more active than ever; (2) better safety protection in the form of seat belts and airbags; and (3) the increased age of the general population.

While the most common cause and the average age for a spinal cord injury have changed, one thing remains constant: spinal cord injuries exact a devastating toll on the victim and the entire familiy. And the burdens are not just the obvious physical limitations but also financial and emotional costs. From 2007 to 2009, just a two year period, the cost of emergency room charges for spinal cord injuries in the U.S. totaled $1.6 billion. And emergency room costs for victims and their families is just the beginning. Spinal cord injury victims require a lifetime of care and the cost of that care can range from $1million to $5 million, according to The National Spinal Cord Injury Statistical Center.

Emotionally, the change in lifestyle and limitations can understandably lead to depression and anger for the victim and family members. Economic difficulties associated with the tremendous medical care and the loss of a wage earner for the family can cause anxiety and fear.

February 20, 2014

More Sex Abuse Settlements By The Roman Catholic Church

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

The Diocese of San Bernardino has announced a $3.8 million settlement in two lawsuits which alleged a former Catholic priest sexually abused two children. The priest at the center of the scandal is now 60 years old and defrocked. He pled guilty to lewd and lascivious acts with a 12 year old boy. He served a mere eight months in jail for his crimes.

This was a criminal act by a sick man. The fact that he was a priest is not a mitigating factor but instead an aggravating one as church should be the safest place a child can be outside the care of his or her own family. At The Law Offices of John Day, P.C., we are passionate about the rights of victims of sexual abuse. We have successfully made new law in the Tennessee Supreme Court in a sexual abuse case against the Roman Catholic Diocese of Nashville, and John Day has been asked to speak at a seminar hosted by The National Center for Crime Victims to help educate crime victim advocates about protecting victims’ rights through the civil court system.

If you would like to confidentially discuss a sexual abuse case, simply fill out this form to schedule an appointment or call us anytime at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation with one of our award-winning lawyers. You can meet with either a male or female lawyer, whichever makes you feel most comfortable to discuss your case.

February 20, 2014

Wine in Grocery Stores and Liquor Liability in Tennessee

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

Today, Tennessee saw a historic change in its liquor laws. The House passed a bill to allow grocery stores to sell wine. The Senate had previously passed its version of the bill last month and proponents anticipate the Senate will approve the minor changes made by the House. As for the final step, Governor Haslam is expected to sign the bill as he has previously indicated he would defer to the Legislature on this issue.

Whether you are for or against the passage of the law, one thing is for sure: the privilege of being able to sell wine also carries some responsibility. Let’s review the basics of Tennessee liquor liability law, which were passed by the Tennessee Legislature. The statutes make it quite clear that the consumption of alcohol, rather than the furnishing of it, is the proximate cause of any injury. What does this mean? It means if you go to the grocery store, buy and then drink a bottle of wine and somehow injure yourself due to your intoxication, then you have no claim against the grocery store who sold you the wine. And the law goes one step further: if you go to the grocery store, buy and drink a bottle of wine and then cause a car accident in which you hurt someone else, the grocery store is still not liable.

But, there are exceptions to these general rules: you may have a claim against a grocery store if the grocery store sold wine to a minor or if the grocery store sold wine to an “obviously intoxicated” person. Proof of one of these exceptions must be established beyond a reasonable doubt, which is a much higher burden than the ordinary civil case. In most civil cases, the injured party must only prove their case by a preponderance of the evidence.

January 18, 2014

Train Safety: What is Taking so Long?

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

We have already written a couple of posts about Positive Train Control, which the CEO of Metrolink described as “perhaps the most important safety innovation in our lifetime”. (The first article explained how Positive Train Control can prevent several types of deadly train accidents and the delays in implementing it. The second article discussed whether Positive Train Control could have prevented the recent New York commuter train derailment which killed 4 people and injured dozens more.) If you did not read those articles, here is the deal in a nutshell: Following a 2008 Metrolink train crash in California, legislation was passed to require Positive Train Control and the implementation deadline was 2015. But with that date looming, most railroad companies are claiming they can’t meet the deadline.

Now, here is the latest. Following that same 2008 train crash, the National Transportation Safety Board began pushing the Railroad Administration to install cameras in train cabs to record drivers. The thought being this would deter dangerous behavior like texting while operating the train, sleeping, etc. Additional cameras would face outward to record the tracks for hazards. And, in the event of a crash, both sets of cameras would help investigators determine the cause of the accident. But to date, the Railroad Administration has not even proposed a rule (the first step in the process) to make the installation of these cameras mandatory.

Following the New York commuter train accident in December, two United States senators have publicly called out the Railroad Administration for its delay in implementing the rule. And now, finally, the Railroad Administration says they will move on the rule sometime later this year.

December 3, 2013

Could Positive Train Control Have Prevented New York Train Derailment?

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

Last Sunday morning a New York commuter train bound for Manhattan’s Grand Central Station derailed on a sharp curve killing 4 innocent people, critically injuring 11 people and injuring another 46 passengers. While the NTSB is still investigating the accident, early information indicates the train was traveling 82 mph on a curve with a maximum speed limit of 30 mph.

While this investigation continues, it appears this tragedy could have been prevented by Positive Train Control. Positive Train Control can slow or stop a train before certain accidents occur. One type of accident that Positive Train Control is designed to prevent is speed-related derailments. Other types of accidents that can be prevented by Positive Train Control are switching errors, collisions, and track route errors.

We first told you about Positive Train Control in this post and on the Law Offices of John Day, P.C. website. Federal law requires railroad companies to implement Positive Train Control by 2015, but a push is on to extend that date to 2018 or later. To stop these preventable types of accidents, we hope Congress will refuse to grant an extension for this important safety technology that can save lives.

November 25, 2013

Technology Exists to Prevent Train Crashes. But When Will It Get Implemented?

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

The good news: technology exists which will prevent a large number of serious train crashes. The bad news: implementation of this technology will likely be delayed causing commuter train passengers and others to remain at risk. Below is the background of this important issue.

In September of 2008, a Metrolink commuter train filled with passengers collided with a freight train killing 25 innocent people and injuring more than 100 others. In response to this tragedy, Congress passed the Rail Safety Improvement Act of 2008 which mandated implementation of Positive Train Control for all commuter rail lines and for freight lines hauling hazardous materials.

So what is Positive Train Control? It is technology which can stop or slow a train before certain types of accidents occur. For example, derailments caused by excessive speed, train-to-train collisions, unauthorized incursions and switching errors can all be prevented by Positive Train Control. Without question, Positive Train Control would have prevented the 2008 Metrolink accident.

November 24, 2013

What You Need To Know If You Have Been Injured In An Accident Caused By A State or Local Government Employee

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

If you have been seriously injured in an accident with a state or local government employee, your case is subject to a number of special rules and procedures. Below is an explanation of two of the special rules and a practical hurdle our office sees time and time again.

The first special rule is that a local government does not have any liability if the employee who injured you was performing a discretionary function. What is the discretionary function? The discretionary function exception to liability is meant to protect the government from tort liability in situations in which special social, scientific, economic, professional or political policy issues are involved. In short, policy and planning decisions are typically protected, but operational acts in which an employee is simply following a policy or regulation are not immune from liability. (The discretionary function rules are not applicable to claims against the State of Tennessee, only local governmental entities.)

The next special rule involves damage caps. The State of Tennessee’s damages have been capped by statute at $1,000,000 per accident and $300,000 per person. Local government liability is capped by statute at $300,000 per person and $700,000 per accident. These damage caps have been not increased in over a decade and are woefully short of compensating an injury victim with serious or catastrophic damages. (Note: there is no cap on damages in cases against the federal government. However, there are other special rules applicable to that type of case as well. Search this site for information about claims against the federal government.)