Archive for September, 2009

The Vioxx litigation is nearing an end after review of more than 48,000 claims covered under a global settlement. Vioxx, manufactured by Merck, was a pain killer that came to be associated with heart attacks, strokes, and deaths. A $4.85 billion dollar settlement fund was created to pay the claims.  It now appears that the fund will pay approximately 60% of the claims, including over 3,000 death claims. Our firm has a number of Vioxx cases pending (as well as other pharmaceutical cases). For our clients the settlement cannot come too soon. It has been a long wait. For more information about processing of the Vioxx cases, click here.

No one thinks that they are going to be in a wreck. As a an attorney who specializes in representing victims of drunk drivers, I see lots of cases involving everyday people whose lives are suddenly changed by someone who should never have been on the road.  These impaired drivers are not always limited to alcohol consumption, it’s not uncommon to see alcohol use along with pills and other drugs.  A wreck that happened in June illustrates the insane, irresponsible people who are driving every day on our streets.  On  June 22, 2009 there was a single vehicle accident just after 10p.m. The driver, Samantha Johnson veered off Harding Place and hit a telephone pole. Her passenger was killed.  Ms. Johnson claimed that she had hydroplaned and lost control due to water on the road. Water may have contributed the wreck, but what happened earlier is the scary part.

Both Ms. Johnson and her boyfriend had been at his mother’s house earlier that evening, taking pills and drinking. The mother of the deceased boyfriend, had given Samantha some powerful prescription medication – Oxycontin. Apparently she thought it was ok to give someone who was drinking some of her prescription medication, and then let her and her son take off driving the streets of Nashville. Ms. Johnson claimed that her boyfriend was driving after they left his mother’s house, but he was so drunk that he had driven the wrong way on the interstate, had struck a wall, and he had hit a tree in the 100 Oaks Mall parking lot.

For those of you thinking you wouldn’t possibly run into people like this, they wrecked on a Monday night – near a mall.

Ian McCllelan, a 29 year old man from Columbia, Tennessee was driving the wrong way on I-40 near McCrory Lane. It was 2 a.m. on May 6, 2009. Mr. McClellan had been arrested twice in Alabama for driving under the influence, and had pled guilty to DUI charges in both 2006 and 2007.  Driving west bound Katie Kerr from White Bluff had no way of knowing what was coming toward her. She saw Mr. McClellan’s Jeep Cherokee with enough time to lock up her brakes and leave 40 feet of skidmarks before impact. There was no indication of braking from Mr. McClellan’s Jeep.  Ms. Kerr had her seatbelt on, and her airbag deployed. Unfortunately, it was not enough – she was declared dead at the scene.  Three hours later when Mr. McClellan was interviewed by officers at Vanderbilt University Hospital, he still smelled like alcohol. He was charged with vehicular homicide.

We sue drunk drivers. Unfortunately, the criminal system is often not enough by itself to stop people like this. Mr. McClellan had 2 DUI convictions before this happened, and had likely driven under the influence many times when he wasn’t caught. One of the real benefits of suing people like Mr. McClellan is that it can contribute to keeping him out of the driver’s seat. He will go to jail for this death, but that is cold comfort to the family of Katie Kerr.

While it is easy to blame this irresponsible drunk driver, there is more here than that. This jeep was not titled to this driver.  Did the owner know that Ian was driving his/her jeep?  Did he/she know this driver had a history of multiple DUI’s ?

DUI victims cannot rise from the grave to ask these questions, but someone should. If this were our case, the owner of this jeep would be in the hot seat for a long, long time.

It is often said that nothing good happens after 2 a.m.  On Wednesday May 27, 2009, a 45 year old man riding a 2001 Honda motorocycle was on I-65. It was 3 a.m.  He didn’t know it but behind him police had been following a woman in a BMW who was suspected of driving under the influence. For reasons that  can only be explained by excess testosterone or alcohol, or both, the driver of the motorcycle decided to “flirt” with the woman driving the BMW – while they were both presumably driving at interstate speed.  Unfortunately, the attraction was not mutual and the blond in the BMW tried to get off I-65 at the Old Hickory Blvd. exit.  The man on the motorcycle ran off the road at the exit. He was transported to Skyline Medical Center where he died.

As an experienced motorcycle accident attorney we see all kinds of crashes involving motorcycles and cars. This was a senseless and unnecessary death. The rider left behind people who loved him, people who depended on him. Being out on your bike at 3 a.m. is insane.  Park it. Call a cab. Call a friend. Just don’t get on the road.

Ride Safe.