Skip to main content
Phillip H Miller
Avvo
Pro

Phillip Miller’s Answers

8 total

  • If one discovers their vehicle was damaged by a shopping cart while shopping, is the store liable in any way?

    Scenario: came out to find vehicle damaged by cart. Witness informed me cart had hit my truck. I took pictures of all cart corrals to be full and several stray carts on the property. I contend the store is in some way liable due to their inatte...

    Phillip’s Answer

    Unlikely.

    See question 
  • Is it possible to sue an attorney for slander/libel and personal damages?

    I am a character witness in a custody case between my brother-in-law & a former best friend. I'm also employed as a phone sex operator. During cross examination, the opposing side's atty brought out personal information, as well as unauthorized ...

    Phillip’s Answer

    The short answer is that YES, it is possible to sue an attorney for slander/libel. In your circumstances since it happened in court, he will claim legal immunity - I do not know whether that is a valid defense under the circumstances. The lawsuit itself would bring all this bad information out again and again, which might make it counterproductive and at the very least would create a written public record of things you probably don't want public. I think that it is unlikely that you will find a lawyer to do this without paying them a retainer and some agreed hourly rate - probably not a good use of money. In short, move on and try and forget about it. However, if you have money to burn you probably can find someone to go after this guy. It's just not what I would recommend. If you were going to file suit for slander, you have to file within 6 months. tick tock.

    See question 
  • How many days are required in TN from the "Notice of Deposition" until the date of the Deposition?

    I received Notice of Deposition via certified mail on July 6. The notice was dated July 3. My deposition date is July 15

    Phillip’s Answer

    Depositions are almost always set "by agreement" so that if a date didn't work for you and you politely called the other side for another date, most of the time another date would be chosen. However, 5 days is the only required lead time. If you cannot make it on a particular date, you can ask the court to have it reset at a time that is better for you, but most of the time this is something that would be done with the lawyer for the other side.

    See question 
  • Who's at fault? And how long should I wait?

    I live in Tn and I was involved 4 weeks ago in a 3 car accident. Someone hit the car behind me and knocked the other car into me. I reported it to my insurance company who stated I had no fault as I was the 1st car in the accident. I then conta...

    Phillip’s Answer

    Yes, you should contact an attorney. Without looking at the accident report it will be hard for anyone to give you definitive advice about what will happen with your case. The most important thing for you to do at this point is to get whatever medical treatment is needed- and as soon as possible. Delays in medical treatment are often interpreted as an indication of someone who isn't really hurt. You will have some "med pay" coverage under your own insurance that would pay for a limited amount of medical treatment. Don't hesitate to use it. Ind Tennessee you have 1 year from the date of injury to file suit or your case is legally barred.

    See question 
  • Auto accident liability under TN state law

    I work at an apt. complex under a well known management co. I live at one of there apt. complex. Although that is not the issue, it is just a little background information. I was driving my sisters unensured vehicle and I had an accident causing d...

    Phillip’s Answer

    I would expect that the apartment complex has insurance to cover this kind of event, and that the most they would be out of pocket would be the deductible, probably no more than $1000. The best advice? It's hard to say. Paying $100 per paycheck maybe too much and you can and should negotiate to pay less with the understanding that it is your intention to pay the full amount. As to signing anything that might bind you in the future, including future court costs - the best advice is "no". Ultimately, you can't be forced to pay anything unless you are sued, but if you want to keep your job your best choice may be to try and strike a balance between what is being asked and what you can afford.

    See question 
  • If my friend was driving my car and got into an accident, who's insurance company is responsible for paying the damage

    If my friend was driving my car and got into an accident, who's insurance company is paying for the damages? Mine or his? And what happens if I don't have insurance?

    Phillip’s Answer

    If you had coverage at the time, your insurance would pay first since he was using YOUR car with YOUR permission. If you don't have insurance, then his insurance would cover him for his possible negligence. It wouldn't cover you for your negligence (if for example he was a reckless driver and you knew it but let him drive anyway), nor would it cover the damage to your car unless it was due to the negligence of your friend.

    See question 
  • I fell in a major retailers parking lot due to a pot hole, this was reported and the hole documented by store employees.

    Should I go to the Dr.? They did not offer an ambulance and had no means of treating my scrapes. I have pain in my shoulder. What should I do? The company is Wal-mart

    Phillip’s Answer

    You should certainly go to the doctor and get whatever medical treatment is appropriate. Do you have the kind of claim where you will be able to get Walmart to pay you money? It's not impossible, but I doubt that Walmart will make a great effort to settle with you. The fact that there was a pot hole in the parking lot doesn't automatically make them responsible for any injury you received. If the pot hole was clearly visible, then it is likely they will say some "comparative fault" would be attributed to your not seeing the hole and avoiding it. If your injury is minor and doesn't require follow-up medical care, then any damages they might have to pay eventually would be minimal. Still, it won't hurt to put together your medical bills (once you have completed going to the doctor) and asking them to pay. The worse that could happen is that they would say no. In Tennessee you have 1 year from the date of injury to file suit or any claim is barred.

    See question 
  • Involved in car accident 10 months ago very little damage to cars but now we are being sued.

    I had a fender bender last year. The lady in front of me was on her cell phone, slammed on her breaks and was caddy corner in our lane. When I saw her slam on the breaks I hit my breaks but my car slid in the rain and hit her car in the rear. M...

    Phillip’s Answer

    First, unless your insurance company settles with this lady, you will be sued. She is unlikely to eat $12,000 in medical expenses and all that has gone along with that amount of medical treatment. Remember, there is another side to this case, and the last year may not have been a bed of roses for the lady your husband hit. The "good news" is that you will not have to hire an attorney. Your insurance company will hire one for you, and they will pay the expenses of the lawsuit as well. The real problem is that you didn't (and maybe still don't) have enough insurance. If this wreck caused someone to have $12,000 in bills, imagine how much worse it could be. You should have a minimum of $100,000 per person/$300,000 per vehicle coverage.

    See question