Questions Answered by Mr. James Charles Wright

Q: bought a karaoke hard drive on line for my wife. bought only for personal use. never used for any monetary gain.

1 Answer | Asked in Business Law for Tennessee on
Answered on Apr 9, 2019
Mr. James Charles Wright's answer
You will likely need to talk to an attorney. If you have not used any item then you likely have not infringed on any protected work. You may have a right of action against the company that sold you the hard drive as well. You may have a number of legal defenses.

Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on
Answered on Feb 27, 2019
Mr. James Charles Wright's answer
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

Q: I was merging into the right lane from the left lane when the car in the right sped up and hit me. Am I at fault? :(

3 Answers | Asked in Car Accidents for Tennessee on
Answered on Feb 22, 2019
Mr. James Charles Wright's answer
If the other car hit you in the rear this would tend to indicate the other driver has some fault. You have a duty to make sure before changing lanes that it can be done safely. If truly you were making a lane change and the other driver sped up then probably more the other driver's faut than yours.

Q: My landlord just sold the house I've been renting and I'd like to move. Can I break the lease?

1 Answer | Asked in Contracts for Tennessee on
Answered on Feb 18, 2019
Mr. James Charles Wright's answer
Sounds like you can't terminate the lease on a transfer of the property if there is no language related to the transfer other than what you say.

Q: I’m in Tennessee and opened up a med spa with an Md . The Md is now saying I cannot be an owner because I’m not an md

1 Answer | Asked in Contracts and Business Formation for Tennessee on
Answered on Feb 18, 2019
Mr. James Charles Wright's answer
There is a medical spa law in Tennessee.

Go to:

https://www.tn.gov/health/health-program-areas/health-professional-boards/medical-spa-registry.html

You can also call.

Q: TN Code Ann. 62-20-105: Need an interpretation of section e. Court Judgments can be enforced without a coll. license?

1 Answer | Asked in Business Law for Tennessee on
Answered on Jan 22, 2019
Mr. James Charles Wright's answer
Your question is not clear to me. TCA 62-20-101 et seq. provides for licensing of business that collect debts. Subsection e allows for someone to voluntarily make a payment or in the event of a final judgment pay the judgment. The person cannot set aside the payment simply because he debt collector was not licensed. If your question relates to the collection of Court Judgments, these can be enforced by the individual that obtained the judgment, by a lawyer or a debt collection service or...

Q: Will my employer still pay for my medical bills if I choose to quit because of injury on job?

1 Answer | Asked in Personal Injury for Tennessee on
Answered on Jan 21, 2019
Mr. James Charles Wright's answer
You should be entitled to medicals. But I suggest you speak to an attorney. Workers comp law is complicated to deal with.

Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 17, 2019
Mr. James Charles Wright's answer
If this happened Arkansas an Arkansas lawyer should answer. Generally a bicyclist on a bike is a "vehicle" not a pedestrian and the rules would apply. Whoever has the right of way in the intersection, the other vehicles will need to yield the right of way.

Q: Can I get my license back if they have started garnishing my wages?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 2, 2019
Mr. James Charles Wright's answer
There are really too many factors to consider to respond meaningfully to this. I am assuming from your note that a judgment has been entered and based upon this judgment your wages are being garnished. I would suggest you contact a bankruptcy attorney and walk through all of the facts.

Q: If I was cutting somebody's trees and limb fell out and hit me in the face on their property what would happen

1 Answer | Asked in Personal Injury for Tennessee on
Answered on Dec 22, 2018
Mr. James Charles Wright's answer
Tennessee law is based on comparative negligence- if your injury resulted from your actions then you likely couldn't recover. The homeowner may have medical payments coverage that might pay your medical bills.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Mr. James Charles Wright's answer
I am sorry you are going through this. I agree with the answer by Mr. Grefsent. Unless you can find the Driver or the owner of the vehicle in your state and serve them in your state- you would have to file a claim in Tennessee. You need to make sure that you may not have released your claim by accepting the other amounts from the insurer. Make sure you haven't signed something releasing your claim. Good luck.

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Dec 18, 2018
Mr. James Charles Wright's answer
Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green light you would have had the right of way over someone with a red light.

Not having insurance has no bearing on fault. However, having no insurance may impact your driver's license. Hopefully...

Q: Can I term. a yr. lease for no particular reason? I'm 6 months through and told renter it would be done in 4 mos

2 Answers | Asked in Contracts for Tennessee on
Answered on Dec 11, 2018
Mr. James Charles Wright's answer
The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.

Q: I own a small retail electronic cigarette store and was named in a product liability law suit. Now unable to renew ins.

1 Answer | Asked in Business Law and Products Liability for Tennessee on
Answered on Dec 5, 2018
Mr. James Charles Wright's answer
If you have insurance, you should make them aware of claim. The insurer may provide you with a defense. Also a seller has a number of defenses to a products claim. Not sure why you cant get insurance. May need to ask another agent to help you. I am assuming this means after this claim was made, your insurer notified you it would not renew you.

Q: Do I have a defense against a dog at large charge?

2 Answers | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Answered on Dec 3, 2018
Mr. James Charles Wright's answer
Yes, you may have some defense. But as noted by Mr. Black in his comment- you should notify your homeowner's agent. You may have coverage for this- and the insurance company would provide a defense for you.

Q: In the state of Tennessee if I sue workers comp do I have to pay the money back and can I still get paid for lost wages,

1 Answer | Asked in Car Accidents and Workers' Compensation for Tennessee on
Answered on Nov 26, 2018
Mr. James Charles Wright's answer
A worker's compensation claim recover is based upon a percentage of permanent medical implairment multiplied by a statutory amount - this is called permanent partial or total disability. One can also recover temporary disability while out from work until either a return to work date or permanent disability is assigned. Medical bills are covered so long as you go to an approved doctor. Pain and suffering is not a recoverable element of damages.

Q: Can I receive pain and suffering for being injured the steps of a police station (or any government-owned property)?

2 Answers | Asked in Personal Injury and Gov & Administrative Law for Tennessee on
Answered on Nov 26, 2018
Mr. James Charles Wright's answer
A governmental entity is responsible for injuries caused by defects in its premises so long as the defect is one that the entity was on notice as to (knew about) or the defect existed and was in such a condition that the entity should have known.

Q: what is a collective mark? Dilution in value?

1 Answer | Asked in Business Law for Tennessee on
Answered on Nov 26, 2018
Mr. James Charles Wright's answer
A collective mark is a type of trademark owned not by an individual or company but by a collective group- so that each member of the group can use the mark. For example the wool trade mark or cotton trademark.

Dilution in value .. equity dilution in value occurs whenever more stock is issued. An example you own 10 shares and your friend owns 10 shares of stock. The company then issues 20 more shares. You went from owning 50% of the company to 25%. Your interest has been diluted....

Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Nov 19, 2018
Mr. James Charles Wright's answer
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).

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