Murfreesboro, TN
Personal injury Lawyer at Murfreesboro, TN
Practice Areas: Personal Injury, DUI & DWI ... +2 more
OUTCOME: Verdict totaling $175,000 for Ms. Simerly won at trial and appeal at all stages.
Ms. Simerly suffered a stroke after her employment required her to sit in a hot tractor trailer truck for nearly 12 hours, with no air-conditioning, in a parking lot in Atlanta, GA. The Employer denie ... d the stroke arose out of the course and scope of her employment.
OUTCOME: Father, kept his visitation with child despite mother's plan to move out of state.
I represented the father of an eight year old girl who filed a petition for divorce from the child’s mother. After the petition was filed, the court entered a standard restraining order, which among ot ... her things prohibited either party from relocating with a minor child outside the state without the permission of the other party or an order of the court. The wife asked the court to name her as the child’s primary residential parent and to allow her to relocate with the child to St. Louis, because that city offered her better employment prospects than did Middle Tennessee. The father opposed the mother’s request to relocate, and he asked the court to divide parenting time equally. After a three day trial, the court ruled that the mother’s proposed relocation was unreasonable and pretextual and that it was in the child’s best interest that the mother be named the primary residential parent, with the mother and child remaining in Tennessee. The mother argues on appeal that the trial court should have allowed her to relocate with the child because the criteria set out in the relocation statute, Tenn. Code Ann. § 36-6-108, did not preclude her from doing so. The Court of Appeals affirmed the trial court’s denial of the petition to relocate with the child. As a footnote, the mother eventually agreed the father be the primary residential parent, later.
OUTCOME: Employee won on appeal
Tatum was working at Wal-Mart when when she injured her wrist. Her Doctor sent her to a specialist one day for testing. While walking through the testing Doctor's parking lot she was struck by a van ... driven by a woman having a seizure. The question was; were her injuries reasonably related to her work. This was the first time a worker traveling to medical treatment was found to be covered in Tennessee
OUTCOME: Conviction Reversed on appeal
Following a jury trial, the Mr. Dodson was convicted of aggravated rape and sentenced to 16 years to serve. I didn't represent him at trial. However, I picked up his case on appeal. His conviction wa ... s overturned on appeal and remanded to the trial court. The trial court was found to be in error for failing to force the State to elect between multiple incidents of rape presented in the proof. Therefore the State was found to have deprived Mr. Dodson a unanimous jury verdict. Mr. Dodson was able to be freed later on a compromise plea agreement to a lesser charge for time served (approximately one year with 5 years of probation). The entire case is reproduced here: http://www.tsc.state.tn.us/sites/default/files/OPINIONS/tcca/PDF/002/dodsond.pdf
OUTCOME: $600,000 win for the Plaintiff's, no appeal.
This case was a tragic collision where a State of Tennessee owned dump truck struck Mr. and Mrs. Morgan. Their claims were capped at $300,000 each. Mrs. Morgan had the worst injuries and was easily a ... warded the limit. Mr. Morgan only had $8000 in medical bills and the real issue was; what was the value of his loss of services and consortium due to his wife's injuries.
OUTCOME: Trial Court upheld, Homeowners / Plaintiff's won
This case involved the common situation of a wet crawl space in a new home construction. The homeowners sued the builder alleging, among other things, the builder hid the wet crawl space from them. ... The trial court agreed and awarded double damages due to the misleading under the Tennessee Consumer Protection act. The builder appealed.
OUTCOME: Plaintiff / patient won on appeal.
This appeal involves a dispute between a patient and her physician regarding the surgical insertion of an Angelchik prosthesis to control a chronic gastric reflux condition. Almost five years after her ... surgery, the patient filed suit in the Circuit Court for Davidson County against her physician and the Angelchik's manufacturer. The case was removed to federal court, but the federal proceedings were eventually dismissed after the patient voluntarily dismissed her claims against the manufacturer. After the case was returned to the trial court, the physician moved for a summary judgment on the ground that the patient's claim was barred by the statute of repose in Tenn.Code Ann. § 29-26-116(a)(3) (2000) and the statute of limitations in Tenn.Code Ann. § 29-26-116(a)(1), (2). The patient responded that her physician's fraudulent concealment tolled the running of the statute of repose and that she filed suit within one year of discovering her injury. The trial court granted the physician's summary judgment motion. The patient asserted on this appeal that the physician has not demonstrated that he is entitled to a judgment as a matter of law on either defense.
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