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James Charles Wright

James Wright’s Answers

8 total

  • Can I be held responsible for an accident in a borrowed car that someone borrowed from me I was not in the car at the time ?

    *Friend picked me up. *Friend had me drop him off at movies, I took his car to mutual friends house. And was waiting to go back and pick him up. *I went into house *Mutual friend used friends car *Mutual Friend totaled friends car less than a ...

    James’s Answer

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    Based on the facts as you have given them: You didn't own car, but you authorized someone else to drive a friend's car. Generally, the insurer would have the ability to pursue the owner and/or the driver. In this case the argument is that you were acting in the place of the owner or against the wishes of the owner in entrusting a third party to drive. The issue would be whether you entrusted the vehicle to a someone you either knew or should have known was incompetent to drive. You should report this to your insurance carrier. And you should talk to a lawyer.

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  • Can i sue?

    My 5 yr old daughter was at daycare sitting on the floor playing when two bigger boys were wrestling, they fell on her and broke her arm. Her writing arm. She was hospitalized and followed up with ortho. Has to be in cast for 6 wks can.i sue

    James’s Answer

    As some of the lawyers have mentioned, you can sue. The bigger question is can you recover. You left your child in the custody and control of a the day care. They would be acting in your place. This is called in loco parentis. They would have a duty to protect and take care of your child in your absence. The issue then becomes was the day care negligent- in other words did they do something or fail to do something a reasonable parent or caregiver should have done. If so they could be liable.
    Beyond this, I would make sure to turn a claim into the daycare. If they have insurance they may want to discuss settlement. Also, they may have medpay coverage - which would reimburse for medical bills.
    You should consult an attorney. My daugter practices in Memphis and I can give you her information. There are plenty of lawyers that I am sure would be willing to give you some advise and help.

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  • Do I need an attorney?

    I called to make a police report as my manager stated she would take my scarf from round my head wrap it around my neck an squeeze it real tight I would smile permantly next day gurls left ice on floor as result of I sustained cervical/lumbar str...

    James’s Answer

    • Selected as best answer

    You really need to talk to an attorney. If you received an injury on the job, this would likely be covered under the Worker's Compensation laws. There are time limits that are running. In order to protect your rights you would need to act quickly. As noted by one of the other lawyers, the Police would have little to do with this. Also, the EEOC really deals with employment discrimination. I noted you were in Chattanooga. There are lots of good lawyers in Chattanooga. If you are uncertain of what to do, I would contact the Chattanooga Bar Association. They will have a referral service that should be able to help you.

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  • Tenent is selling business to someone. Can I refuse to rent to him?

    I own a building in TN that is being used as a restaurant. The current tenant just told me he is moving out and he has someone interested in "buying him out". Do I have the right to do a background check on the prospective new tenant to determin...

    James’s Answer

    1. Review your current lease. Any language in it that speaks to this issue will control.
    2. Absent a provision in the lease, your tenant is probably going to be in violation for terminating the lease early. The new tenant would be subject to your review and approval as well as needing a new lease. The tenant, if incorporated may try to sell the stock or membership interest in the entity. In so doing the tenant would technically be the same. However, leases often have provisions with entity tenants relating to change in control. Also, taking the stock or membership interest is dangerous to the new tenant. My guess is you will have the ability to control who the new tenant is.

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  • In Tennessee if one spouse is not on a bank account and dies, will the other spouse be able to get the funds?

    In Tennessee if one spouse is not on a bank account and dies, will the other spouse be able to get the funds? Wife not on account, does she need to be the designated beneficiary or if not will their living trust and the will serve as proper means...

    James’s Answer

    1. Talk to the bank and find out exactly what they want / need by way of documentation.
    2. You may have to probate the will. The spouse is likely the representatvie appointed under the will to act. The will should waive bond and accounting and if you are the only heir - a copy of the death certificate and a copy of the will (call the probate clerk first to see what they need you to bring).
    If there is not a large amount involved you may be able to work through this without hirng a lawyer. Be willing to ask lots of questions.

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  • Can I sue my insurance company to cover an auto accident?

    This is regarding an auto accident. I was leaving my home(resident of TN) when my truck slid into my brothers truck and caused damage. I filled a police report and contacted my insurance company(Geico). A few days ago they called me and said they ...

    James’s Answer

    I agree with Chris. The exclusion is not for a relative. It would need to be a relative in your household. If the relative does not reside in your household then there would/should be coverage. You would not however, have an action as far as I am aware against the company for failing to provide you the complete policy.

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  • Can an HOA be disolved, IF, it was never "activated" ? The developer and "others" now want to "activate" the HOA.

    In the restriction and by-laws, this developer created and laid out the formation of an hoa. However he "developer" argued w/ the home-owners when they attempted to elect officers and "activate" the hoa. For the past ten yrs. we have never had a m...

    James’s Answer

    The first issue is whether the restrictions are recorded. If there is a master deed or other instrument creating covenants and restrictions they are binding and can only be amended pursuant those documents. Your issue may really be one of when the developer goes off the hook for obligations. Again this is generally spelled out in the master documents that are recorded. One homeowner can bring an action to enforce the covenants and restrictions. It would not take a majority. There are a lot of issues raised by your note. For an attorney to comment further without reviewing the maser documents would be inappropriate as a lot of the issues will be controlled by the documents. You need a lawyer.

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  • Would the silhouette of Gibson guitar be some kind of copyright or trademark infringement?

    I would like to put the silhouette on an album cover for a band, but I am worried that even though it's not a perfect silhouette that it may be some sort of infringement.

    James’s Answer

    Agree the simple use of a guitar shape even if taken after a Gibson is likely not protected so long as you don't say Gibson on it. However, It would be best in the event an action were to be brought against you that you be able to say you considered various designs of Guitars and no one served as the basis of your design. Your intent was simply to depict a guitar not a Gibson guitar. The issue can become liklihood of confusion between the Gibson mark and yours. Also, it may depend on what you are doing with it. If you are designing Guitars and building them I would be more cautious than if you were in some other type of business.

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