David Randolph Smith David Randolph Smith Edmund J. Schmidt III
Legal Research, p. 5
Page 1, 2, 3, 4
Home Research page

TORTS
Car salesman attacks manager: Assault, battery: employer ratification: Herniated disks: Verdict. Crowder v. Branam, No. CV737812 (Cal. App. Dep't Super. Ct. June 17, 1996).

TOXICOLOGY
1. Herbicide: Worker exposure: Dioxin-containing product: Failure to warn of dioxin hazards: Cancer.
2. Dr. Vaughn E. Wagner, How do you get a complete, comprehensive, and interpretive profile on almost any hazardous material quickly?, Dragon Corporation.

TRANSLATION OF DOCUMENTS
Formal cost of translation cannot be taxed. See In Re Fialuridine Products Liability Litigation, NO. MDL-1034 (Oct. 3, 1995).
.

TRUSTS

Special Needs Trusts. http://www.mcguffey.net

VENUE
Savings statute. Henley v. Cobb, 19 TAM 45-4 (Tenn. App. Oct. 18, 1994), appeal granted (Jan. 30, 1995).

VICTIMS
Dennis A. Henigan, Victims' Litigation Targets Gun Violence.

VOIR DIRE (See possible questions in CANCER section)
1. Courtroom Tactics‹"Suggestions for Weeding out Biased Plaintiffs"

2. GOOD MORNING I'M DAVID SMITH. AND THIS IS LINDA SNYDER WHO HAS BROUGHT THIS ACTION FOR JUSTICE IN THIS COURTROOM EXPLAIN VOIR DIRE GUEST IN SOMEONE'S HOUSE IF OUT OF TOWN WHAT'S IN MY HAND/I WANNA REMEMBER YOUR NAME WHAT YOU SAY IS IMPORTANT LET ME TELL YOU WHAT THE CASE IS ABOUT UNDERSTAND THE DUTY TO AWARD FULL COMPENSATION AS FULL JUSTICE CONSIDER THE EVIDENCE -- P&S QUALITY OF LIFE THE QUALITY OF LIFE FOR THE FIRST 16 YEARS; LAST 5; THE DEFENDANT QUALITY FOR THE NEXT 47 YEARS IS IN YOUR HANDS. 52 YEARS OF BRAIN DAMAGES; MENTAL ANGUISH ASK YOU TO TAKE ALL THE TIME FOR FULL JUSTICE. THIS IS THE ONLY TIME; THE LAST OPPORTUNITY. DELIBERATE AND TALK ABOUT IT. PER DIEM AD FOR A JOB NO EDUCATION SUFFERING EVERY DAY. THAT IT WAS IMPOSED ON THE DEFENDANT [? IS PER DIEM NOT ALLOWED IN TN?] IS $ TOO MUCH FOR IRREVERSIBLE BRAIN DAMAGE. DOES IT EVEN BEGIN TO COMPENSATE FOR ... EXPLAIN EVENT EXPLAIN INJURY SHE'S MAKING A CLAIM FOR FULL DAMAGES -- A FULL CUP OF JUSTICE HAVE ANY OF YOU SERVED ON A JURY HOW DO YOU FEEL ABOUT THE JURY SYSTEM I APPRECIATE THAT ANY OF YOU FOLKS HAVE A DIFFERENT VIEW MR -- TELL US YOUR EXPERIENCES IN SEEKING JUSTICE IN A COURT OF LAW. COURTS ARE THE BEAUTY OF OUR SYSTEM -- YOU HAVE THE POWER TO ANSWER THE QUESTIONS. MAY I ASK ... SHARE WITH US HOW DO YOU FEEL ABOUT FULL COMPENSATION ABOUT ¼ BEING ABLE TO PRESENT HER CAUSE ABOUT CORPORATIONS RIGHT TO A FULL VERDICT TELL ME, SHARE WITH ME SOME OF TOUR THOUGHTS AND DREAMS I CERTAINLY WANT TO GET YOUR NAME DO YOU HAVE FEELINGS ABOUT THESE SUBJECTS? MR ---HAD THE COURAGE TO SHARE WITH US. HEAR THE TRUTH LISTEN TO THE EVIDENCE/TELL THE TRUTH

3. See Ivy v. Hawk, 878 S.W.2d 442 (Mo. 1994), Court permitted to allow party to ask prospective jurors whether they or their family members are involved by or have a financial interest in an insurance carrier involved in medical negligence.


WARNINGS
Warnings in a Changing Marketplace: Why Wasn't I told?, PLLR (Feb. 1995).

WORKER'S COMPENSATION
1. Punitive damages for not paying compensation. Bertram v. Freeport McMoran, Inc., No. 93-7575 (5th Cir. Oct. 7, 1994)

2. Plaintiff's attorney should agree with employer on apportionment of fee. Summers v. Command Systems, Inc., 867 S.W.2d 312 (Tenn. 1993); Sanders v. CNA Ins. Co., 19 TAM 25-6 (Tenn. June 13, 1994); Memphis Light, Gas and Water Div. v. Ellis and Brode, 19 TAM 35-10 (Tenn. App. Aug. 4, 1994).

3. Intentional tort where employer knew about safety risks. Travis v. Dreis and Krump Mfg. Co., No. 163715 (Mich. Ct. App. Sept. 19, 1994); Suarez v. Dickmont Plastics Corp., 229 Conn. 99 (Conn. Mar. 16, 1994).

4. Gas station worker can sue Exxon for shooting. Exxon Corp. v. Tidwell, No. D-1639 (Tex. Dec. 8, 1993).

5. Workman's comp lien is avoided by allocating award to 'consortium.' Hultin v. Francis Harvey & Sons, Inc., No. 95-P-427 (Mass. App. Ct. July 9, 1996); Lawyer's Weekly USA, No. 9908611.

WRONGFUL DEATH
1. A $10 million suit brought against McDonald's by the mother of a teenage employee who died in a car crash after working unusually long hours has been revived by the state Supreme Court.

2. Appeal arising from wrongful death action involving elderly couple who died from injuries received in an automobile collision. McClanahan v. Clayton, No. 01A01-9308-CV00371, 1994 WL 248183 (Tenn. App. June 10, 1994).

3. Loss of society, pre-impact pain and suffering, see Oldham v. KLM, 127 F.2d 43 (D.C. Cir. 1997).

WRONGFUL DISCHARGE -See depositions
Safety Complaint firing - wrongful discharge. Reynolds v. Ozark Mountain Lines, Inc., 887 S.W.2d 822 (Tenn. 1994). 2. Safety Complaints = punitive damages. Reich v. Cambridgeport Air Systems. Inc., No. 93-2287 (1st Cir. June 20, 1994).