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Judge deems personal injury lawsuit against 3M ‘premature’

In an order filed on Tuesday, September 20, United States District Judge Abdul Kallon barred customers of the West Morgan-East Lawrence Water and Sewer Authority from basing claims of negligence and public nuisance on personal injury. The judge ruled that plaintiffs cannot claim they suffered an injury or contracted a disease from the drinking water supplied by the county government office, which was supposedly tainted with chemicals identified in a recent EPA health advisory by 3M Co.

In his decision, Kallon said: “Unfortunately, while their fear of injury is justified, under Alabama law, however, they have not suffered a ‘manifest, present injury,’” noting that the lawsuit was premature. Kallon also negated claims that 3M Co. and its subsidiary, Dyneon LLC, trespassed against West Morgan-East Lawrence Water and Sewer Authority and its customers because the plaintiffs failed to provide evidence of property damage arising from the chemicals contaminating the authority’s drinking water.

At John Michael Bailey Injury Lawyers, our personal injury attorneys will work with you to craft a comprehensive legal strategy designed to help you fight for fair financial compensation for your losses. Call our offices today at 888-WE-FIGHT to speak with a qualified member of our legal team.



New technology can help older drivers navigate safely

Better technology can aid drivers of all ages and help them enjoy a safer, more relaxing driving experience, especially since motorists who are aged 70 and older are more likely to get confused at intersections and on-ramps.

According to automotive insurer The Hartford and MIT’s AgeLab, the presence of safety technology will be a factor heavily considered by drivers in coming years. Three-fourths of drivers aged 50 and above are planning to consider safety technology when they purchase their own vehicle within the next two years. That marks an increase in drivers aged 50 and above who bought vehicles with safety technology during the past two years.

The move to develop self-driving cars is a step toward doing away with the human error present in most vehicular accidents. In fact, Google plans to have its self-driving cars available by 2020, an objective that many in the auto industry believe is too ambitious since they believe self-driving cars can only come about over 10 years from now.

Without safety technology, accidents are bound to be prevalent. At John Michael Bailey Injury Lawyers, our personal injury attorneys will develop a close working relationship to help you come up with a legal strategy to help you fight and win financial compensation for your personal injury accident. Call our Memphis offices today at 888-WE-FIGHT to hold other parties responsible for their negligence.



Children who were hurt on Delta Fair Ride speak out

The Moonraker ride at the Delta Fair and Music Festival in Memphis, Tennessee is still closed after an accident that injured eight people. Four of them sustained broken bones as a result of the incident.

16-year-old Faith Parrish and her cousin, 11-year-old Hollie Manard, were among those who were injured when the Moonraker’s safety bars unexpectedly lifted while in operation. The malfunction caused some individuals to dangle from lap bars and eventually fall to the ground.

Casey Lott, Parrish and Manard’s legal counsel, said: “If we have to bring a civil action to hold them accountable for what they did to these children, for what these children have gone through, then that is what we’ll do.” For her part, Parrish’s mother Pauline Owens said: “It is hard for me to look at Hollie and see her crying or look at Faith and see her crying or my other daughter Kira or Jonathan or any of the children that were involved in this.” Owens noted that the children are having panic attacks and that they keep hearing the screams all over again.

Our legal team at John Michael Bailey Injury Lawyers has offices in Memphis to help you file claims for premises liability, defective products, and insurance claims, among others. Call our offices today at 888-WE-FIGHT to discuss your personal injury accident.



Three injured in Tennessee fair accident

At a fair in Greeneville, Tennessee, three girls fell from a Ferris wheel on Monday, August 8. The Georgia-based Family Attractions Amusement company remains operational despite a similar incident that happened in North Carolina in 2013, which injured five people and caused the owner’s son to be imprisoned. In Tennessee, 6-year-old Briley Rae Reynolds, her 10-year-old sister Kayla, and a third girl, fell 35 to 40 feet to the ground after the accident.

Investigators concluded that mechanical failure caused the gondolas to flip over, sending the three girls to the ground and causing Briley Rae to suffer a traumatic brain injury. Kayla sustained a broken arm, and the third girl, only identified as a 16-year-old, sustained critical injuries, reported The Robesonian. Greeneville Police Detective Captain Tim Davis said inspectors hired by the Greene County Fair Board are further investigating the incident to find out what caused the malfunction that led to the accident.

The personal injury attorneys at John Michael Bailey Injury Lawyers have the experience necessary to successfully help people who have suffered from personal injury accidents in Memphis or other areas in Tennessee. Call our offices today at 888-WE-FIGHT to discuss your case and learn more about your legal options.



Crash victim’s family suing the City of Memphis

The family of 80-year-old Memphis resident Lucille Grose, who lost her life in a two-vehicle accident on July 18, 2015, filed a lawsuit against the city’s police department. The lawsuit in the United States District Court of Western Tennessee charges the Memphis Police Department and the Memphis Fire Department with negligence. The family is seeking $5 million in damages.

According to police investigations, Grose pulled from a private driveway onto Shelby Drive in her 2000 Mazda when a Ford pickup traveling west on Shelby Drive crashed into her driver’s side door. The plaintiffs claim that even though a DUI police officer came to the scene of the accident, “a decision was made by MPD not to do a field sobriety test for alcohol or drugs upon the defendant of this fatality to see if this was a factor or possibility of drugs and alcohol was a causation to this fatality.”

The car accident attorneys at John Michael Bailey Injury Lawyers in Memphis understand the immediate physical and emotional damages of a crash may be too difficult to shoulder. Call us at 888-WE-FIGHT to see if legal action could help hold others responsible for your loss.



Nashville single-car crash kills one

A single-vehicle accident on Murfreesboro Road, near Mt. View Road, resulted in the death of an individual. The accident occurred in front of a Publix in Nashville, Tennessee around 2 p.m. last Monday, June 20.

The Metro Nashville Police Department identified the victim as 29-year-old Smyrna resident Joshua Abendroth. According to preliminary investigations, Abendroth was travelling in a 2001 Toyota Sequoia SUV when the vehicle crossed into the northbound lanes of traffic and then crashed into a utility pole. Both Abendroth and another passenger were ejected from the vehicle. Abendroth was declared dead at the scene of the accident. The other person in the vehicle was transported to Vanderbilt University Medical Center for the treatment of his critical injuries. Police officers confirmed both men will undergo toxicology tests. Authorities are still investigating the crash to determine who was driving the vehicle when the incident took place.

At John Michael Bailey Injury Lawyers, we regularly witness the effect of accidents such as this one. We are saddened to hear about the loss to the community, and our thoughts are with the families of the victims.



Students sue NCAA about concussions and safety issues

University of Michigan student Steve Strinko, Ohio State University student Raymond Griffin, Duke University student Derrick Lee, and University of Tennessee student Orenthal James Owens are seeking damages in a class action lawsuit filed on Wednesday, June 8 against the National College Athletic Association (NCAA).

The suit also brings charges against three college athletic conferences – the Big Ten Conference, Southeastern Conference, and the Atlantic Coast Conference – claiming they have not established necessary safeguards to protect football players from concussions. A similar case, which holds a $75 million proposed settlement, is pending in the United States District Court for the Northern District of Illinois. The Illinois case focuses more on medical monitoring and safety protocols than personal injury and includes a variety of sports aside from football.

The attorneys at John Michael Bailey Injury Lawyers provide legal services for our clients in Memphis and other areas of Tennessee and handle personal injury accident cases including wrongful death and mass tort cases. Call our offices at 888-WE-FIGHT to learn more about our services.



I-40 Chain Reaction Crash Kills 1

An accident involving five cars occurred on I-40 near Sycamore, killing one woman. Police arrived at the scene of the accident in response to a call around 5am.

The accident started when the driver of a Ford Fusion tried to maneuver around a broken down Honda Accord and was hit by Francis Barrios, who was driving a Hyundai SGX. As the three vehicles sat waiting for police, the driver of a Chevrolet Tahoe hit Barrios, causing a chain reaction accident. The broken down Accord, which was at the head of the initial accident, then collided into a Chevrolet Impala.

Barrios was pronounced dead at the scene and Britney Herron, the driver of the Chevy Tahoe that set off the chain reaction, faces serious charges, including reckless driving, financial responsibility, and vehicular homicide. Our thoughts are with the 23-year old’s family during this difficult time.



Senators question the safety of front seatbacks in vehicles

United States Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) have been questioning automakers about how they are preventing injuries to backseat passengers when front seatbacks collapse during an accident.

The senators sent letters to seventeen automakers to ask about their safety standards and whether they have been sued for front seatback failure. Most automakers argued that they meet federal regulations, but Markey and Blumenthal argue that federal safety standards are outdated as they have not been significantly updated since 1967. The issue at hand occurs most often when a vehicle is rear-ended. The impact from behind can cause the backs of seats to move further backwards, which can cause injury to backseat passengers.

The attorneys at John Michael Bailey Injury Lawyers provide legal services for those who were injured due to the defectiveness of a supposedly safe product. Call us for a free consultation at 888-WE-FIGHT to discuss your legal options and see how we can hold negligent companies accountable.



Text senders could also be held liable for distracted driving accidents

South Memphis, Tennessee resident Betty Isom’s adopted grandson, Marcellus Anderson, was hospitalized after his vehicle was struck by a driver who was reading a text message while behind the wheel along Union Avenue.

According to personal injury attorney Janika White, courts in New Jersey and Pennsylvania are handling lawsuits that would help decide whether  sending text messages to people known to be driving the moment the text message is sent can be held liable for the accident that ensues involving the distracted driver. She noted that, “in Tennessee, I haven’t seen a case like that yet, but Tennessee could potentially follow some of that case law.”

The attorneys at John Michael Bailey Injury Lawyers know how difficult getting into a serious accident can be. That is why we handle personal injury cases involving car, motorcycle, and truck accidents in Memphis. Get in touch with a qualified member of our legal team by calling our offices at 888-WE-FIGHT to see how we can help you recover from your accident.



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