Memphis Car Crash, Wrongful Death & Injury

According to the Commercial Appeal headline and story from Wednesday, April 16, 2014:  “One person is dead and a half dozen others were taken to area hospitals after a 10-vehicle crash in Raleigh Wednesday evening.  Police were still confirming details about how the 10 vehicles collided at Covington Pike and Raleigh LaGrange.”
Being injured in a motor vehicle accident is especially traumatizing if it involved another driver and they were at-fault.  Wrongful death is, for obvious reasons, particularly tragic.  In one instant, you and the life of your loved ones can be  life can change forever.

Expensive medical bills, vehicle damage, and the inability to go to work can be overwhelming, and not just financially.  Injuries to the head, neck, spine and back can develop into permanent impairments.  Car wreck laws in Tennessee provide recovery against at-fault drivers for medical expenses, lost wages and pain and suffering.  Read more about the type of damages you can recover here.
If you have a question concerning your Memphis or Raleigh car wreck, motor vehicle accident, or wrongful death case, call or schedule a consultation with our Memphis-based accident lawyers at Wiseman Bray PLLC today.

engagement ring after break up

Who keeps the Engagement Ring After a Break-Up?

engagement ring lawyer

Who keeps the Engagement Ring After a Break-Up?

I enjoy listening to the “Mike & Mike Show” on ESPN Radio during my morning commute.  I remember on one show that they were discussing a lawsuit filed by NFL player, Mario Williams, against his ex-fiancee seeking the return of a $785,000 engagement ring. So they posed the question for each of their in-studio guests:  Should the ex-fiancee get to keep the engagement ring?

Opinions varied, but the general consensus was that she should have to return the ring, unless the engagement ended because of infidelity by Williams. Interesting opinions.  And actually not that far off from what the law actually requires.

Guest Blog Post by Lang Wiseman at MBQ: Inside Memphis Magazine

Lang Wiseman was recently named a “Power Player” by MBQ: Inside Memphis Magazine, and he was asked to author a guest blog post on their website.  A quick excerpt:

Lawyers suffer from the fact that we are often associated with times of great stress, anxiety, and angst. I often find, for example, that many of our clients seek our help because they find themselves in unfamiliar, and sometimes even threatening, territory. They don’t really want a lawyer. They need one.

Auto Accident Lawyer Memphis, TN 

Interesting TN Law Prohibiting Tracking Devices on Vehicles

I ran across an interesting TN statute the other day, Tenn. Code Ann. § 39-13-606, which states in pertinent part that:


It is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.


In other words, you should probably think twice before purchasing a tracking device from one of the those “I Spy” type stores in an effort to keep tabs on, or gather evidence against, a spouse or partner.  Not only does violation of the statute constitute a Class C misdemeanor, but I also imagine that any illegally secured evidence would be subject to challenge in civil court as well.  In other words, that smoking gun evidence you think you’re getting from the tracking device might actually end up getting thrown out anyway.

Reminder: Final 2012 Estimated Tax Payment due TODAY! (Jan. 15)

For all you estimated tax filers, here’s a friendly reminder that your next payment (using IRS Form 1040-ES) is due TODAY, January 15, 2013.

NOTE: Estimated taxes are generally paid by self-employed persons, although others are potentially required to file. According to the IRS website instructions: “Estimated tax is the method used to pay tax on income that is not subject to withholding. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes and awards. You also may have to pay estimated tax if the amount of income tax being withheld from your salary, pension, or other income is not enough.”

MORE:  Previous Blog Post — What is an Estimated Tax Payment, and Who is Required to Make Them?

Halloween Safety — Homeowners, Trick-or-Treaters, and the Law

How to Prepare This Halloween

Halloween is a great time of year – costumes, hayrides, haunted houses and candy!  However, homeowners should be mindful of the legal responsibilities they owe visitors to their property.

Later this month, homeowners  will have a variety of ghosts, princesses, vampires, and angry birds trick-or-treating at their doorstep.  Halloween night poses many risks for homeowners because you are essentially opening your home and property to the public.  As you may or may not know, you owe what lawyers call a ‘duty of reasonable care’ to each child or visitor that comes onto your property.

Here are some commonsense tips to fulfill your duty of care and protect visitors to your property this year:

  1. Keep Your Property Well-Lit – Be mindful that trick-or-treaters will be cutting through all parts of your property to find your front door, so try to make sure that your front porch is adequately lit for them to easily find their destination.  By keeping the path to your home and front step well-lit, you can prevent potential slip-and-falls by trick-or-treaters wondering into other parts of your yard.  Also, those who are up to no good on Halloween are typically less likely to bother well-lit property.
  2. Keep Property Unobstructed – Keep your property unobstructed since trick-or-treaters will seek the most direct path across yards to get to the next house.  This includes such ideas as picking up yard debris, filling gopher holes, putting up hoses, and picking up toys left in the yard.
  3. Restrain Pets – Keep your pets away from the front porch, as they might get excited and jump on, knock down, or bite trick-or-treaters.
  4. Pumpkin Safety – The traditional Jack-O-Lantern presents many potential hazards.  For example, it is often very easy for a guest or child to kick the pumpkin and candle over if they’re not looking where they’re going.  This type of accident could cause a slip-and-fall or present a fire hazard.  One way that you could protect the trick-or-treaters, your family, and your home is to consider purchasing a battery-powered light for your pumpkin instead of a traditional candle.
  5. Use Your Home Security System – Halloween presents a prime opportunity for vandals and burglars to damage your property.  Thus, it is recommended that you make sure that you have a reliable home security system that can deter others from causing harm to your home.
  6. Check Homeowners Insurance – Lastly, Halloween is a good time to contact your insurance agent and discuss your policy limits, needs, and any changes or additional homeowners coverage that you might need.

Halloween is a great and fun holiday.  Just make sure to eliminate the potential risks for injury to a child by keeping your property clean and safe.

Have a fun and safe Halloween!

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Chancellor Overturns Election, Rules that Millington Referendum Passed (Court Order attached)

Chancellor Overturns Election, Rules that Millington Referendum Passed (Court Order attached)

As we earlier hoped and predicted in previous blog posts here and here, the Chancery Court today overturned the Election Commission’s initial certification and finding that the recent Millington Sales Tax Referendum failed.  The Court further declared that after accounting for the unlawful votes that were cast during the election, the Referendum did, in fact, actually pass.

The Memphis Commercial Appeal report is here, and includes the following quote from Wiseman Bray PLLC attorney, Lang Wiseman:

“Our task here was to make sure that justice was done for this particular election and to make certain that the right result was obtained based on a lawful vote.”


CA Update: Millington election lawsuit – There may be no need for a re-vote.

The Commercial Appeal ran a story today about the status of the election challenge lawsuit that the attorneys at Wiseman Bray PLLC are handling on behalf of the City of Millington.

We’ve spent the last several days reviewing election commission records and tabulations, and we are hopeful and believe that ultimately the City of Millington will be able to avoid a re-vote.  Indeed, as quoted in the story:

“We’re not ready to concede that once you throw out the invalid votes that it doesn’t conclusively prove that, in fact, it prevailed, and you can prove that to a mathematical certainty,” he said. “So, there is no need for a revote. We believe that will be the case, and that’s what we are prepared to argue.”

In other words, once the improper votes are identified and isolated, we believe that we’ll be able to show with mathematical certainty that the municipal schools sales tax referendum did, in fact, actually pass.  We hope to have a motion filed in court within the next 7-10 days with more detail outlining the basis for our contention.

Stay tuned…