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Massive Explosion in West Knoxville Leaves One Dead, Two Injured

Knoxville Personal Injury Lawyer — Wed, 09 Dec 2009 16:50:55 +0000

The following is a summary of an article in the Knoxville News-Sentinel:

Whittington Creek is known for its upscale homes and peaceful streets. All that changed dramatically December 9th just after 3 a.m. when a home belonging to Stephen and Sue Krzeski violently exploded. The explosion blew the couple from the home and into the back yard. Both were transferred to the hospital where Stephen is listed in serious condition and Sue is listed in stable condition. Their son is believed to have perished in the blast. Clean-up efforts will involve recovering his body in what is left of the basement.

Flames from the fireball shot 40 feet into the air. Debris was scattered 60 yards in all directions. Within a minute the entire house was completely collapsed and consumed by fire. It appears the couple’s lives may have been spared by being blown out of the house. The cause is reported to be related to natural gas, though the exact cause is still unknown.

“They didn’t seem to be burned, they were more in shock,” Farina said. “I don’t know how they survived.”

She said Sue Krzeski was lying on top of a pile of rubble in her back yard, while Stephen Krzeski was under a pile of rubble, also in the back yard.

“We are two football fields away, and the whole ground shook,” Farina said.

The blast tilted pictures on the walls of her house and flung open cabinet doors, she said.

“There was a huge explosion,” said neighbor Ed King. “I thought a tree had fallen in the back yard.

“When it wasn’t a tree, then I thought we’d had an earthquake.

“I looked out and within 60 seconds the house was totally collapsed, and it was totally on fire.”

Larry Elmore, who lives across the street from the house that exploded, had just moved in last month.

“My son said the house across the street is gone, it’s just gone,” Elmore said.

Our deepest condolences go out to the victims and other families affected by this accident. A thorough investigation is critical to determine what caused this tragedy.

Accidents can strike anywhere and affect us in many ways. If you or someone you know has been affected by an accident and would like to discuss your case with an attorney, feel free to call us today to set up an appointment.

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Alabama 3-year-old Drowns in Sevierville

Knoxville Personal Injury Lawyer — Mon, 30 Nov 2009 18:41:11 +0000

Drake L. Speegle of Hartselle Alabama died on Friday. The 3-year-old was visiting a rental cabin in Sevierville with his family. The boy slipped away from his parents at about 12:30 pm and either fell or jumped into a 4-foot-deep pool. It was his birthday. His family contacted emergency personnel immediately and tried unsuccessfully to revive him. He was transported to the hospital and pronounced dead. The Knoxville News-Sentinel reports:

A 3-year-old Alabama boy drowned on his birthday today at a rental cabin’s swimming pool, authorities said.
The boy, Drake L. Speegle of Hartselle, Ala., apparently slipped away from his family and either fell or jumped into the 4-foot-deep pool at the cabin on Bird Nest Way just after 12:30 p.m., according to the Sevier County Sheriff’s Department. Emergency workers tried to revive him with no success.

What a sad story. We wish his family the best as they grieve his loss. It’s impossible to know without an investigation whether this tragic event was preventable or not. If it was preventable, steps should be taken to hold the responsible party accountable and prevent this from happening in the future.

Have you or a loved one been injured in an accident? Get Knoxville personal injury help from the lawyers who care. Call us today to discuss your case free of charge.

3 Killed, One Hurt in Claiborne County Crash

Knoxville Personal Injury Lawyer — Mon, 30 Nov 2009 17:29:08 +0000

A Sunday evening drive proved fatal for a mother and two children in New Tazewell. Della Bussell, her daughter Brianna, and her son James were killed as they traveled down Highway 33. Della lost control of the vehicle and overcorrected, veering into the oncoming lane of traffic. Her 1991 Mercedes crossed in front of a 2003 Dodge Dakota driven by Bradley Baker, 17. Baker tried to avoid the collision by veering but the vehicles collided head on. Baker was injured and transported to UT Medical Center.

Baker was using a seat belt and was injured in the crash, Mabe noted. Baker was transported to the University of Tennessee Medical Center where he was listed this morning in stable condition.

Mabe’s report states alcohol and drugs were not involved in the crash. Source: Knoxville News Sentinel

Best wishes to those grieving the three lives lost and to Bradley Baker for a speedy recovery.

TVA Facing More Lawsuits Over Ash Spill

Knoxville Personal Injury Lawyer — Fri, 27 Nov 2009 15:36:10 +0000

It’s hard to believe that less than a year ago the coal ash retention facility in Kingston failed, dumping 5.4 million cubic yards of ash sludge into the Emory River and the surrounding area. Some residents lost entire homes while others faced significant damage that had to be cleaned up. In recent days, 11 plaintiffs have filed six new lawsuits against TVA alleging negligence that led up to the destruction of their properties. They are seeking compensation as well as punitive damages for the trauma and suffering they have endured. The Knoxville News-Sentinel reports:

The two plaintiffs in Armes v. TVA are seeking compensatory damages up to $10 million and punitive damages up to $20 million. The two plaintiffs in Wallace v. TVA are seeking up to $600,000 in compensatory damages and up to $1 million in punitive damages.

Plaintiffs in the other four cases are seeking unspecified damages.

Most of the lawsuits allege that TVA’s negligence led to the spill. TVA is countering that its status as an entity of the federal government shields it from the claims. TVA has hired the firm Shook, Hardy and Bacon of Kansas City, Mo., to work with its in-house counsel on the lawsuits.

The spill has no doubt affected these and other families greatly, not to mention the health risks posed by the coal ash that has now been introduced into area drinking and agricultural water sources.

Have you been affected by the TVA coal ash spill? If so, call us today to discuss your case free of charge. We’ll go over your options and offer you advice on how to pursue your case. Call us today!

Toyota Gas Pedal Recall Affects 3.8 million Vehicles

Knoxville Personal Injury Lawyer — Wed, 25 Nov 2009 16:22:15 +0000

Can you imagine the fear you would feel if your car suddenly began to accelerate as you were trying to slow down? It could very easily cause a serious accident. That’s the risk facing 3.8 million drivers of Toyota vehicles because of pedals getting stuck in the floor mat, forcing acceleration. It’s a perfect example of a product defect that can cost someone’s life or serious injury. Today Toyota announced a recall for the affected vehicles and urged drivers to pull out the driver side floor mat to avoid the risk of unintentional acceleration while the company develops and produces a new pedal to solve the problem. Toyota estimates a fix by January. Is your car affected? Fox News reports the following:

Toyota, the world’s largest automaker, was expected to provide more details Wednesday on the fix. The Japanese automaker announced the massive recall in late September and told owners to remove the driver’s side floor mats to prevent the gas pedal from potentially becoming jammed.

Popular vehicles such as the Toyota Camry, the top-selling passenger car in America, and the Toyota Prius, the best-selling gas-electric hybrid, are part of the recall. It includes the 2007-10 model year Camry, 2005-10 Toyota Avalon, 2004-09 Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES350 and 2006-10 Lexus IS250/350.

On Tuesday, Toyota announced a recall of 110,000 Tundra trucks from the 2000-03 model years to address excessive rust on the vehicle’s frame.

The recall was prompted by a horrific crash in California that killed a highway patrolman and three members of his family. The car reached 120 miles per hour before crashing and bursting into flames.

Have you been injured in a car accident? Call us today to discuss your case at no cost or obligation. We’re the Knoxville personal injury lawyers you can trust. Call us today.

Got the Minimum Car Insurance? Probably Not Enough.

Knoxville Personal Injury Lawyer — Wed, 25 Nov 2009 15:13:18 +0000

Each state insurance commission regulates the minimum amount of property damage liability and personal injury protection. The temptation, then, is to insure yourself for that minimum to save on monthly premiums. But this is not likely to be sufficient should you cause injury to another person or damage to another vehicle. In the state of Tennessee, PIP is not required although you must cover at least $25k for bodily injury and $10k for property damage.

Rather than go with these minimums, it’s highly advisable to get an increased amount of insurance in all categories to protect yourself financially. The risk you run is facing a lawsuit from the other party to cover their medical bills if your insurance limits are not high enough. This insurance article explains more:

When it comes to Tennessee car insurance, the state law for Tennessee requires a minimum coverage of $25,000 for Bodily Injury Liability per injured person. It also requires up to a maximum of $50,000 per accident. The minimum state requirement for Property Damage Liability coverage is $10,000. This type of coverage is generally referred to as 25/50/10 coverage.

What happens if you don’t get car insurance in Tennessee? Law enforcement officers will ask you for proof of insurance at the time of traffic stops or accidents. Insurance companies notify the department of motor vehicles of all policy cancellations, non-renewals, and new policies. If this is the case with you, the law enforcement officer will know it and it could cause you huge fines or worse. Failure to maintain proper insurance could lead to the suspension of your vehicle registration and/or driver license. This can be expensive to the vehicle owner. Be sure that you follow the Tennessee car insurance laws!

Have you been injured in an accident? Need help getting fair compensation? Call the personal injury lawyers Knoxville trusts. Get a free consultation with a lawyer to discuss your case.

Lawyers Suing Lawyers Part Deux

Knoxville Personal Injury Lawyer — Mon, 23 Nov 2009 21:14:00 +0000

Last week we talked about two law firms in Wisconsin suing each other over Google Adwords listings. The legal tussle is now being reduced to a war of insults. One side has accused the other of needing a new moral compass and the other has responded by calling the other side cheap in its own advertising. Regardless of the outcome, it is a little entertaining to watch. It’s likely that this suit is a non-starter, says Ryan Calo of Stanford Law School. The suit will probably result in nothing more than a few bruised egos.

Of course there is also the usual amusing name-calling in which highly-trained lawyers seem to specialize and without which no legal tussle would be complete.

Robert Habush said of Cannon’s strategy said “… if Bill Cannon thinks this is a correct way to do business he needs to have his moral compass taken to the repair shop.”

We are not sure how you repair a moral compass, but we suspect it requires more than WD40.

William Cannon, the founding partner of Cannon & Dunphy, spat back saying that Habush was free to do the same thing if he “… weren’t too cheap to bid on his own name.”

Source: The Tech Generation

Private Investigation and its Limits

Knoxville Personal Injury Lawyer — Mon, 23 Nov 2009 20:36:17 +0000

It’s not uncommon for insurance companies or attorneys to hire private investigators to gather information for a case or about an individual. PIs are granted a lot of latitude by the law in order to conduct these investigations. And the reason is simple. They’re licensed, documented, and trained, so the Courts are reasonably assured that PIs don’t pose a threat to the people they follow or surveil. Therefore, they are allowed to monitor, gather information, and do other things that a regular citizen could get arrested for.

But sometimes they step over the line and cross into ’stalking’ territory. Where is the line for a PI? It’s not easy to tell. Colleen Collins talks about this issue and says:

Surveillance is a critical skill for any private investigator (PI). In our investigative agency, over half our cases, from criminal defense to personal injury, require some degree of surveillance. For PIs who specialize in insurance or infidelity investigations, surveillance can be the bulk of their work.
Sometimes the issue arises of when legal, permitted surveillance crosses the line into stalking. A rule of thumb is to analyze one’s motive for conducting surveillance. If the performed surveillance serves a purpose for obtaining information that PIs usually obtain, courts will generally uphold rigorous surveillance.

Below are two separate case examples, the first where a state court found that a PI’s actions were stalking, the second where a state court found that the PI’s surveillance was in the course of legitimate investigative activities.

Texas Tosses Vioxx Suit Against Merck

Knoxville Personal Injury Lawyer — Mon, 23 Nov 2009 20:25:55 +0000

Many people remember the popular drug Vioxx that was so popular at the beginning of this decade. You may also remember when it was withdrawn from the market in 2004 after clinical trials found greater risks of heart attack and stroke from continued use. This, of course, spurred many cases of personal injury for people who had been damaged or died from use of the drug. In 2007 Merck settled those cases for $4.85 billion. Many state attorney generals went after Merck for costs related to probes about the drug’s use.

Recently Texas filed suit as well. But the claim was rejected by the Court. This is a separate claim that does not affect the original settlement Merck paid out to those hurt by the drug.

Have you been injured in some way? You could be entitled to damages for your suffering. Call us today to get more information about your rights.

BOTOX Tax is Back, but Personal Injury Excluded

Knoxville Personal Injury Lawyer — Fri, 20 Nov 2009 17:04:53 +0000

As the health care debate continues to shape out, lawmakers are again considering the so-called “Botox tax”. It’s a tax on all elective cosmetic surgeries including botox treatments. The tax is meant to help cover the nearly $1 trillion cost to the national health care plan the lawmakers are considering. However, there are some exemptions to the tax such as surgeries for abnormalities caused by congenital deformities, a disease, or personal injury. In other words, if you’re in an accident and need plastic surgery to correct an injury, it won’t be subject to the 5% tax. The bill reads:

(b) COSMETIC SURGERY AND MEDICAL PROCEDURE.-For purposes of this section, the term ‘cosmetic surgery and medical procedure’ means any cosmetic surgery (as defined in section 213(d)(9)(B)) or other similar procedure which-
”(1) is performed by a licensed medical professional, and
”(2) is not necessary to ameliorate a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or disfiguring disease.
”(c) PAYMENT OF TAX.-
”(1) IN GENERAL.-The tax imposed by this section shall be paid by the individual on whom the procedure is performed.
”(2) COLLECTION.-Every person receiving a payment for procedures on which a tax is imposed under subsection (a) shall collect the amount of the
tax from the individual on whom the procedure is performed and remit such tax quarterly to the Secretary at such time and in such manner as provided
by the Secretary.
”(3) SECONDARY LIABILITY.-Where any tax imposed by subsection (a) is not paid at the time payments for cosmetic surgery and medical procedures are made, then to the extent that such tax is not collected, such tax shall be paid by the person who performs the procedure.”.
Source: Politico

As the old saying goes, there are only two certainties in this life: death and taxes. You just never know what for these days.

Have you been injured in some type of accident? Call a qualified Knoxville personal injury lawyer today to set up a free consultation. We’re here to help!

Paralysis is a very common form of personal injury

Knoxville Personal Injury Lawyer — Thu, 19 Nov 2009 18:44:05 +0000

Car wrecks are well-known for causing very serious injuries, including paralysis. Paralysis is, of course, life-changing. It could mean never again returning to a normal lifestyle and emotional difficulties for you and your family. This article does a great job of explaining some of the leading causes of paralysis from injury and some basic safety measures to hopefully avoid it.

Source: http://www.24-7pressrelease.com/press-release/paralysis-caused-by-personal-injury-124992.php

“There are several different scenarios where the danger of paralysis can occur. These scenarios can occur anywhere and can happen when you or a loved one least expect it. Some examples include:

Paralysis Danger Scenarios

• Slip and Fall
• Severe sport injury
• Assault
• Motorcycle accident
• Car accident
• Snowboarding accident
• Skateboarding accident
• Birthing injury

Paralysis can result in thousands of dollars in medical bills and physical therapy. These scenarios can be the fault of the manufactures, business owners, physicians, or other neglectful parties.

Although most of the time these accidents occur without warning, there are precautions you can take to avoid the risk of paralysis. Some safety measures include:

Safety measures

• Always wear a seatbelt if you are in a vehicle
• Always wear a helmet for your motorcycle and sporting activity
• Try to constantly be aware of your surroundings and potential danger zones like wet floors or tripping hazards.

Paralysis is an ongoing life changing issue. You may have to undergo extensive medical treatments and testing for the rest of your life.”

Have you suffered a paralysis or other serious personal injury? Call the personal injury lawyer Knoxville relies on to get fair compensation. We’re here to help. Call us today to schedule a no-cost consultation.

Two Killed by Suspected Drunk Driver

Knoxville Personal Injury Lawyer — Thu, 19 Nov 2009 18:07:43 +0000

Here’s another sad story about a drunk driver who killed two innocent bystanders and seriously injured two others when he drove the wrong way down the highway. What a terrible crime committed against these four people and their families. There is no way to know the emotional, physical, and financial toll this will have on all of them all because of another person’s reckless actions.

The best way to deter bad behavior is to attach serious penalties to it. Have you or a loved one been injured in a Knoxville car accident or from someone else’s negligence? Call us today to discuss your case at no cost.

New Jersey Builds New Inspection Site for Buses

Knoxville Personal Injury Lawyer — Thu, 19 Nov 2009 17:42:08 +0000

After reading the title of this post you may have said “So what?”. But here’s why it’s a relevant topic. A large vehicle such as a bus, SUV, truck, tractor trailer, etc. is driven constantly. And in the case of a bus, it’s stop and go traffic. All of this use leads to wear and tear on parts and will expose defective auto parts that can lead to accidents, injuries, and even death. The construction of the facility in New Jersey shows a serious step towards curbing those accidents. Let’s hope it works.

If you’ve been injured in a bus, auto, or tractor trailer accident, get help from the Knoxville personal injury lawyers who care. We’ll help you get the compensation you deserve.

Defective Products Personal Injury

Knoxville Personal Injury Lawyer — Wed, 18 Nov 2009 21:29:52 +0000

Product defects can be caused by poor design, damage during shipment, or contamination. A faulty product can cause harm or injury to an unsuspecting consumer unaware of the dangers posed by its use. The following video explains the legal concept behind personal injury from defective products.

Product Defects – Personal Injury: Legal Information

If you think you have been injured from a defective product, call us today for a free consultation to discuss your case. Call the personal injury lawyer Knoxville trusts today.

Video Overview of Personal Injury

Knoxville Personal Injury Lawyer — Wed, 18 Nov 2009 21:08:13 +0000

This is a great video that explains what a personal injury case is about and how it works.

Personal Injury: Legal Information

If you have been injured and think you have a case, call a trusted and well-known Knoxville personal injury lawyer today for a free consultation. We’ll help you get the justice you deserve.

Chimp Attack Victim Seeking Damages

Knoxville Personal Injury Lawyer — Wed, 18 Nov 2009 17:12:15 +0000

Many of us remember the horrific attack of a chimpanzee named Travis against a woman named Charla Nash. Charla was nearly killed. She lost her hands, her eyes, and much of her face among other injuries. She recently revealed the extent of her injuries during an appearance on Oprah.

Charla, of course, has extensive medical bills and will never be able to provide for herself. As a result, she is seeking damages from the owner of the chimpanzee. The owner’s defense is that Charla is only eligible for worker’s compensation claims since the attack happened at her place of employment.

It’s a tragedy for that woman and she deserves compensation. If you’ve endured injuries from an accident you may be eligible for compensation. Speak with a Knoxville personal injury lawyer that you can trust. Call us today.

To read more about the chimpanzee lawsuit go here:

http://www.24-7pressrelease.com/press-release/chimp-owner-asserts-workers-comp-governs-injury-claim-in-attack-125260.php

Defective Seat Belt Leads to $6.5 Million Judgment

Knoxville Personal Injury Lawyer — Wed, 18 Nov 2009 16:51:30 +0000

In 2002 a 6-year-old Billy Meals was in a car crash that left him paralyzed from the waist down and his father and grandfather deceased. It’s a tragic story that is made worse by the fact that his seat belt was defective and apparently played a role in his catastrophic injuries. A jury recently awarded him $6.5 million in judgment against the Ford Motor Co.

The other driver was deemed to be 70% responsible but died in the crash and so was not part of the proceedings. Read about the verdict here.

If you’ve been in an injury it’s possible you are entitled to fair and reasonable compensation as well. Call the Knoxville personal injury attorneys you can trust for a free consultation about your case.

Knoxville Personal Injury Lawyer – Get a Top-rated Knoxville Accident Lawyer to win your case!

Knoxville Personal Injury Lawyer — Tue, 13 Oct 2009 19:09:59 +0000

Have you been injured in an accident? Did you know you have the right to compensation for your pain and suffering? You’re in the right place!

We are available for free consultations to discuss your case. The meeting is 100% free and there is never any obligation. Our firm handles a variety of cases, including auto or motorcycle accidents, wrongful death, product liability, animal attacks, product or drug recalls, employment law, construction accidents, worker’s comp claims, social security claims, and more.

Our firm has the experience and knowledge you expect out of a Knoxville personal injury lawyer. Call us, we can help get the results you need!

Involved in an accident? Get the help you deserve. Call us today!

About Personal Injury Law

As the saying goes, “accidents do happen.” But that doesn’t mean it wasn’t preventable. Accidents are often the cause of negligence or recklessness on the part of someone else.

It could be a simple mistake during surgery, an accident at a job site, or a swerving drunk driver. In all of these cases, you’re livelihood can be affected or even outright ruined. The consequences can reach far and wide.

But if it could have been prevented, then you could be entitled to compensation for your suffering. That’s why we’re here. We represent real people in Tennessee with real problems. People who have been wronged and need help. That’s why our goal is simple: to protect the rights of you and your family, keep the insurance companies in check, and deter wrongdoers so this does not happen again.

Why Call Us?

Experience matters when it comes to personal injury. It can literally mean the difference between fair compensation for you and your family, and getting nothing. Don’t take chances when it comes to your livelihood. Call the personal injury attorney Knoxville trusts today at 865-971-3757 and get the experience and knowledge you need on your side. The consultation is free so there’s nothing to lose!

What Our Clients Say

“I came to Mr. Herston after having a bad experience with another lawyer. The difference was night and day. I cannot recommend K.O. Herston strongly enough.”
–E.G.

“We had never dealt with so much stress, but thanks to Andy’s guidance and work ethic, we knew we were in good hands and were able to concentrate on our family and jobs.” -L.C. & J.C.

“Andy stood by his word. He listened and was always available to answer questions. He helped us when we faced losing everything.” -J.H.

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