Go to http://www.tdot.state.tn.us/incid…ent/default.htm for helpful resources on this topic.

A $100,000,000 lawsuit has been filed by the family of a suspected shoplifter who died after being taken into custody by a Family Dollar store manager.

38-year old Derrick Hussey died last December after being accused of shoplifting $13.00 worth of tube socks from a Family Dollar store on the 3600 block of North Watkins.

Attorney Matt Porter said, “He left the store, the store manager got in vehicle chased after Mr. Hussey, through neighborhood streets surrounding that area.”

According to a police and an autopsy report, the store manager, Michael Woods, said he caught up to Hussey in the backyard of a home on the 1700 block of Sutton. He told authorities he used chemical spray on Hussey, then handcuffed him, put him in the car and took him back to the store.

The manager said Hussey seemed to be having a seizure so he called 911, but when Woods called police varies from report to report.

Porter said, “We do know the store manager is throwing a couple of different stories out there.”

Hussey died at the hospital. The medical examiner’s report lists the cause of death as “undetermined” but said they “cannot rule out homicide.”

His family recently filed a $100,000,000 civil lawsuit against Family Dollar and the store manager. Porter believes this was not the store manager’s first vigilante arrest.

“Our investigation so far told us police told him not to do this, to let them do their jobs.”

A spokesperson for Family Dollar emailed FOX13 a statement that said, in part: “Our policy is for our store managers not to engage in any actions that put themselves, their team or our customers at risk… Family Dollar contends that it is not responsible for the damages being alleged by the family.”

Memphis Police say the case was presented to the District Attorney’s office and is now closed. No criminal charges have been filed.

Porter hopes the $100,000,000 civil lawsuit will get the Hussey family the answers they’ve been looking for and send a message to Family Dollar.

“We have to let them know we will not tolerate this type of action in our community.”

Family Dollar would not comment on Wood’s status with the company. FOX13 was unable to get in touch with him Thursday.

Attorneys hope to get store surveillance video and 911 tapes soon.

http://www.myfoxmemphis.com/dpp/news/local/021110-100m-lawsuit-filed-against-family-dollar

They will drive day or night.

They are more often male than female, but the number of women driving under the influence is on the rise.

They can be young, middle-aged or old, but the group most likely to be involved in an alcohol-impaired fatal crash are men and women in the 21-24 age range.

During the 2006 holiday season, alcohol was a factor in almost 37 percent of the fatal crashes with drivers this age. Compare that to drivers 44-54, where 20 percent of the fatal accidents involved alcohol.

While drivers 21-24 constituted 11 percent of all drivers involved in fatal crashes in 2007, they made up 18 percent of all alcohol-impaired drivers involved in fatal crashes.

December is National Drunk & Drugged Driving Prevention Month and the Tennessee Highway Patrol, with assistance from other agencies, will staff more than 100 sobriety and driver’s license checkpoints through New Year’s Day.

In Shelby County, the Highway Patrol and the Sheriff’s Office will work together.

From her own experience stopping impaired drivers, Highway Patrol Sgt. Sadie Chatman expects the DUI citations to support the national statistics and skew younger.

Ignorance, not arrogance, she says, is usually the culprit when young adults drive drunk.

“There’s a possibility it has something to do with pride,” the sergeant said. “But they really think they’re OK. They’re still having a good time. They can laugh, they know each other’s name. They know what road they’re on.

“They think they’re in control.”

Regardless of their age, Sgt. Michael Pope, field commander for the Shelby County Sheriff Office’s DUI unit, said offenders often possess an air of invincibility or an attitude of entitlement.

“They just think they’ll never get caught, ‘I can make it down the street, I haven’t had that much,’” Pope said.

Recently, a 32-year-old woman drove into the back of a deputy’s car. Pope said she tried every tactic imaginable to get out of the DUI, including being “seductive.”

Between 2004 and 2008 in Tennessee, impaired women drivers involved in fatal crashes increased by 4.7 percent.

And while the odds say there’s a greater chance that such a crash would occur at night, you never know.

Trooper Sherron recently arrested a woman for DUI at midday. She was on her way to work at a big-box store. Her strategy with him: use the hour to her advantage.

“At 12 o’clock, you think I’m drunk?” she asked.

“Yes, ma’am,” Sherron said.

Sgt. Chatman says law enforcement has noticed one encouraging sign the last few years — more adults who decide to drink also deciding to “stay over” after a private house party or at a hotel.

But others still believe that if stopped on the road they can use this season of giving and good cheer to avoid a DUI and its punishments.

And those penalties for a first offense include 48 hours to 11 months and 29 days in jail, a fine up to $1,500 and total expenditures — including towing, bail, attorney and court costs — that approach $5,000.

“A lot of times they think the officer will let them go because it’s Christmas,” Sgt. Pope said. “Zero tolerance. If you’re caught, it will effect a consequence.

“No breaks for Christmas.”

Hard facts about drunken driving

In 2008, about one-third of all fatal crashes involved alcohol-impaired drivers.

Nation

37,261 total fatalities

11,773 alcohol-impaired driving fatalities

32 percent involved alcohol-impaired drivers

Tennessee

1,035 total fatalities

327 alcohol-impaired fatalities

32 percent involved alcohol-impaired drivers

Mississippi

783 total fatalities

266 alcohol-impaired fatalities

34 percent involved alcohol-impaired drivers

Arkansas

600 total fatalities

171 alcohol-impaired fatalities

28 percent involved alcohol-impaired drivers

Source: National Highway Traffic Safety Administration’s National Center for Statistics and Analysis

Taken from the Commercial Appeal, December 24th Article

With the chilly weather, crazed last minute shoppers, and busy travelers the roads are more dangerous than ever! Please drive cautiously this holiday season and make sure everyone arrives alive and well this Christmas. We are going to post a few news stories here to remind you to take your time, drive defensively, and stay focused while driving. Our hearts go out to all of those families affected by car accidents and losses this time of year.

December 21, 2009

Commercial Appeal

Traffic is at a standstill on Interstate-240 North at Lamar in Midtown due to an early morning accident involving more than a dozen cars.

One person was killed in the crash.

Police say I-240 northbound at Lamar has been closed as officials investigate the accident.

Traffic has been diverted and police are asking drivers to seek alternate routes until further notice.

Ice on the Hernando-DeSoto Bridge led to early-morning backups and crashes on both sides. Memphis police citywide are working more than 20 accidents on the interstate system; West Memphis Police are also working several accidents on their side.

National Weather Service officials said freezing fog contributed to ice forming on bridges and highway overpasses this morning.

The Tennessee Department of Transportation sent out a fleet to salt the icy spots around 6:30 a.m. By about 9 a.m., TDOT county supervisor Ricky Taylor said the roads were “all thawed out.”

Temperatures dipped to a 29-degree low early this morning but are anticipated to climb into the lower 50s later in the day.

Matt Porter and Justin Fair at Memphis Grizzlies Game

The Memphis Grizzlies defeated the Cleveland Cavaliers this past Tuesday, December 8th at the Fed Ex Forum. Matt Porter and Amanda Strange of Porter & Strange, PLLC, Memphis Grizzlies Sponsors,  hosted a raffle to win an autographed OJ Mayo Basketball. Justin Fair was the winner and took home the prize. Congrats Justin! Please join Porter and Strange at the Martin Luther King Jr Celebration game on January 18th for another chance to win.

REBEKAH HEARN | The Daily News

Porter & Strange PLLC has been in operation for fewer than two years, but already the partners, Matt Porter and Amanda Strange , get the comments: “I’ve seen you on the bus!”

The partners at Porter & Strange do advertise on the sides of Memphis Area Transit Authority buses, but Porter said their trick to starting and operating a successful personal injury firm in such a competitive market is to keep alive the personal aspect of every case.

Porter & Strange is a small firm, with just the two attorneys, one receptionist and three case managers/paralegals, but Porter said they decided they didn’t want to grow into a larger firm and lose the personality that helped them kick off their business.

From the beginning

Porter’s interest in personal injury litigation began long ago.

“When I was 12 years old, I was diagnosed with Hodgkin’s disease, which is a form of cancer,” Porter said. “(My parents) were farmers, and they had a family health insurance plan through BlueCross BlueShield.

“And BlueCross BlueShield basically started denying claims, saying they weren’t going to pay. I was 12, and we had to get an attorney just to get the health insurance to pay what they were supposed to.”

Porter said he looks back now and can’t imagine what his parents were facing – not only having a child with cancer, but being denied claims from their health insurance company.

“Fortunately, we got an attorney … and he actually got the insurance company to pay. So ever since I was 12, I just wanted to go into law because of that,” Porter said.

He said he’s seen insurance companies offer family members who have lost a loved one a death benefit of $3,000 when they have a $100,000 insurance policy.

“It just blows my mind to see insurance companies do that,” he said.

While studying at the University of Memphis Cecil C. Humphreys School of Law, Porter met Amanda Strange. They both graduated in 2002.

After law school, Porter moved with his wife to Bristol, Va., the area where he grew up. Five years later, they returned to Memphis, and in April 2008, he and Strange formed the firm.

Strange is a preacher’s daughter, and she comes by her desire to help others honestly.

“Through her dad, reaching out and helping people that way, that’s what got her interested in going to law school and just trying to help people that have problems,” Porter said. “She grew up in the church, and seeing her parents really reaching out and helping out. She knew she could do that through legal means as well.”

Each attorney’s individual story is unique, and they view their clients’ cases the same way.

“One of the things that we want to do is continue to give kind of a more personal touch to the kinds of cases we take. And that’s one of the things that we believe is kind of missing with personal injury,” Porter said.

Porter and Strange always meet personally with clients rather than passing off cases to a paralegal.

“I believe that that if I’m going to put myself out there, then I’m going to be the one that you’re talking to,” Porter said. “I’m going to be the one that negotiates on your case. I’m going to be the one who advises you and assists you all the way.”

It’s the personality that sets their firm apart, Porter said. In terms of logistics, he said they have “basically the same thing (the competition) has.”

“The case management software that we use to handle our caseload is top of the line on the market. You can tailor it to your specific needs in your law firm,” he said. “I know a couple of other, bigger injury firms in town use that as well. It’s just that we’re on a smaller scale, with fewer people.

“While they may have resources where they can get 40 people working on one case, ours is just more of a personal touch. We have everything at our fingertips that they have,” he said.

Not ambulance chasers

Porter said he and Strange focus on catastrophic injuries, because each of them has spent a good deal of time on those types of cases.

“Of course, we handle a lot of smaller cases as well,” he said. “But our main focus is on more catastrophic injuries … because we just really know we can help people a lot more in that area.”

Although the firm is only about a year and a half old, Porter said they’ve taken off well.

“We’ve been fortunate,” he said. “There’s no doubt luck was involved, but it was also, I truly believe, skill and competency to be able to handle those types of injury cases.”

Advertising is part of the nature of their business, Porter said, calling it a “double-edged sword.”

“When you focus only on personal injury, I believe there is a need to advertise, no matter how you do it, because even if you just go in and talk to people in social gatherings and tell them what you’re doing, that is a form of advertising yourself,” he said.

Whether a firm advertises on television or on a MATA bus, Porter said it’s important for attorneys to get their names out there.

But referrals are a huge part of their practice, an aspect of which Porter is proud.

“We actually track every single case that we take in. Every single case we track to get a referral source,” he said. “Right now … about 45 percent of our active caseload has come through referrals from friends or past/current clients who know someone who has been injured.”

Porter said nothing tells him he’s done a good job as when someone comes to him after a referral. Just like with doctors’ bedside manners, the partners at Porter & Strange keep their interactions with clients at the forefront.

“I’ve always tried to keep that in my mind, that I could get somebody a multimillion-dollar settlement, but if they go back and go, ‘You know what? I didn’t like him, he didn’t do this, he didn’t do that,’ I didn’t provide a good service to that client,” Porter said.

When it comes to choosing a personal injury lawyer, people should always do their research, Porter said.

“Go to their Web site, look at it, do as much research on your attorney as you can, ask questions when you’re meeting with them,” he said.

He emphasized the importance of ensuring you’re talking with an attorney, not a paralegal or intake counselor “who’s just filling in to get a contract signed and move that case along.”

Also, he cautioned about solicitations. It is illegal for an attorney to call somebody who’s been injured directly and offer services, but Porter said he does see that happen.

“Always think about that – how you got to that person,” he said. “We’ve had clients come in and tell us they’ve gotten phone calls from different offices, so you just have to be cautious.”

http://www.memphisdailynews.com/editorial/Article.aspx?id=45727

The chill is in the air. Orange is the dominant color and kids are beginning to think of their plans for October 31st. Before you go out shopping for costumes and buying bags of candy this year, spend a few minutes planning the night ahead.

Identify what type of celebrations will be taking place and where they will be located. Not only will it help determine your plans, it will help you be an aware driver as you travel on the roadways. If you will be attending a party, plan for a designated driver or commit to not drink. Even small amounts of alcohol can impair your judgment and driving. Driving under the influence can kill or cause trauma, be expensive and embarrassing.

When costume planning, make sure that all costumes fit appropriately and will not restrict movement or visibility, either as a pedestrian or behind the wheel. Ensure foot wear is sturdy. Tripping, falling, difficulty steering or braking can be dangerous!

Add reflective tape to costumes and replace flash light batteries to ensure you will be visible, whether escorting trick or treaters or attending an event yourself. Confirm any children you are with have flashlights, glow stick, bright candy bags, and reflective tape on costumes as well. Clear up any yard obstructions, water hoses, and overgrown vegetation to make it easier to see and maneuver for both pedestrians and vehicles.

Know your planned route, to avoid the unexpected. Plan to travel in well lighted areas. If walking, use sidewalks and crosswalks. If driving, avoid areas of heavy pedestrian traffic and park in areas with the greatest visibility. Design alternate routes that will provide the least amount of risk and the most amount of safety. Arrange to give yourself extra time to and from your destination.

Halloween is on Saturday this year, so expect the festivities to begin early in the day and prepare to be a defensive driver. If you can, avoid driving on Halloween.

Be alert for kids playing in costumes during the day, darting from house to house or in between parked cars. Pay special attention beginning at 4:30pm for the younger treat seekers. Turn your head lights on to make your vehicle more visible. Drivers need to be especially diligent driving during dusk through the night time as visibility is reduced.

Reduce distractions. Make sure your cell phone is on silent, your radio volume is low and your passengers are aware to minimize distractions and assist with being alert to the surrounding environment.

Be extra cautious as you pull into and leave driveways, parking lots and alleys for children that may dart out between cars, at roadways, medians and on curves. Be sure to check your blind spots thoroughly and maintain a search and scan of the driving environment every three seconds.

Travel well below the posted speed limit. Be extra patient with pedestrians and other vehicles and always be prepared to stop at a given moment. They may be carrying trick or treaters and be distracted. Avoid passing or going around stopped vehicles. They may have passengers entering and exiting hurriedly and carelessly.

Halloween can truly be a fun night full of great memories! Take a few steps to keep it safe and trouble free.

Article by National Safety Commission

http://www.nationalsafetycommission.com/alerts/2009/10/holiday-driving-halloween-safety-tips.php

According to the Center for Excellence in Rural Safety at the University of Minnesota, more people die each year in rural roadway accidents than in urban settings. As you might expect, there are indeed more crashes in cities than in the country, but those accidents are less likely to be fatal.

Like numbers? The NHTSA says that 56 percent of the 37,261 traffic deaths in the United States last year occurred on rural roads, though only about 23 percent of the population lives in rural areas. Why? It seems that drivers are more likely to be traveling at high rates of speed in rural areas and those roadways are often not as well engineered as those in the city. Further, drunk driving is more common in rural areas and seat belts are worn less frequently. Finally, it takes emergency workers more time to reach rural accident locations.

Next logical question: What do we do about it? South Carolina – which posted the highest percentage of rural traffic deaths last year – is focusing on rumble strips, grooves and raised patterns to alert drivers they may be leaving the pavement. In Montana, engineers are adding under- and overpasses to allow animals a clear path to cross the roads. Other states are starting new safety campaigns to encourage the use of seat belts. We offer another suggestion: flying cars.

by Jeremy Korzeniewski

Click here to view the embedded video.

 

But when Shults gets behind the wheel, she’s all thumbs.

“I know it’s dangerous, but I can’t stop,” she said.

Texting and driving in Tennessee became illegal on July 1, with a citation that carries a $50 fine.

Yet for many motorists, it’s only encouraged them to become more discreet texters.

“It was bad enough when the cell phone craze started. But now more people are using cell phones to text than to make phone calls,” said Steve Shular, spokesman for the Shelby County Sheriff’s Office.

According to a Harvard study, cell phone use causes an estimated 2,600 U.S. traffic deaths every year.

And studies show unbridled texting behind the wheel can be just as deadly, if not more, than driving under the influence of drugs or alcohol, Shular said.

“The main issue is people are distracted,” he said.

The government doesn’t track deaths from texting, but fatalities resulting from the habit are being reported across the country. Among them is a Giles County, Tenn. resident, who was sending a text on I-65 when he collided with another car.

DWT, or driving while texting, is a particular problem in the Volunteer State, where a recent survey found the state ranked highest for texting behind the wheel.

The Vlingo Corp., a Massachusetts-based maker of speech-recognition technology for mobile phones, found 42 percent of surveyed Tennesseans admitted to DWT.

Arizona had the fewest offenders at nearly 19 percent.

And it’s not just teens who are typing on asphalt.

Samuel Jackson, a business major at the University of Memphis, says he never texts while driving, but his dad’s BlackBerry habit is frightening.

“We’ll be driving on the e-way and he’ll start drifting to the right,” he said.

There are no citations for DWT on the books in Memphis and Shelby County since the law went into effect, according to the General Sessions Court Clerk’s office.

But that’s most likely because it’s so difficult to catch someone in the act, Shular said.

“Unless, the officer actually sees them texting, it’s not a violation,” he said.

Characteristics associated with DWT, like wandering into other lanes or running lights, are often slapped with citations for inattentive driving, he said.

Tennessee is one of 18 states and the District of Columbia that have banned texting and driving.

State Rep. Jon Lundberg, R-Bristol, who introduced the legislation, said, “I know realistically the law isn’t going to stop people from doing it.”

However, he believes it’s helping.

As motorists cross Tennessee state lines, electronic billboards warn dexterous drivers of the ban, he points out.

“I think we have slowed it down. We have built awareness,” Lundberg said.

Joe Pietrangelo, a 33-year-old Downtown resident, wasn’t aware of the law.

“Yeah, I think it’s dangerous,” he said of driving and texting.

However, he said, texting is only one of many dangerous activities that go on in the driver’s seat.

People eat, talk on the phone, put on make-up, the list goes on, he said.

A graphic public service announcement from the United Kingdom on DWT has gone viral, and has been causing a stir here.

Posted on YouTube and discussed on everything from FoxNews to National Public Radio, the scene of a teenage girl driving and texting with her two girlfriends in the car, turns into a bloody neck-snapping accident.

It’s a disturbing image that law enforcers hope strikes a nerve.

For drivers like Shults, it does. But just not enough.

“I’ve had a number of close calls,” she said about reading and sending text messages while driving. “But I feel like I have to send it right out.”

By Lindsay Melvin (Contact), Memphis Commercial Appeal
Thursday, September 24, 2009