TDOT Worker’s Tragic Death Calls Attention to TN’s Move Over Law

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I wrote this for 2theTop Design for their client Hollins Raybin and Weissman Law Firm.

https://www.nashvilletnlaw.com/blog/tdot-workers-death-calls-attention-tn-move-over-law/

It’s hard to forget the fatal 18-wheeler collision that took the life of 65-year-old TDOT technician David Younger in late April.

According to the reports I read from WKRN, the accident took place around 9:40AM, Thursday, April 28th when a TDOT crew took three emergency vehicles down I-40 to respond to a worksite in Hickman County. One of the three automobiles got a flat tire, so the workers turned on all of their vehicles’ emergency lights and pulled over to the side of the road to repair the flat.

That’s when authorities say a semi veered off the road and onto the shoulder striking two of the TDOT automobiles and David Younger before careening off the road and overturning. Younger died at the scene of the accident, and three TDOT workers suffered personal injuries.

This tragic semi-truck wreck brought attention to the dangers that TDOT workers, state troopers and other road crew members face on a daily basis. Lt. Bill Miller of the Tennessee Highway Patrol told WKRN that if the truck driver had observed the Move Over Law this crash would not have happened.

“This is clearly a violation of the Move Over Law that is in place to prevent incidents just like this,” Miller explained. “Now, because we have a person who failed to observe the rules of the road in the state of Tennessee, we have a person who has been taken from his family, and that is not acceptable,” he said.

Since the accident, the tractor-trailer driver Candelario Castillo and his employer have been under investigation. Currently, there is an $18 million lawsuit pending against the driver and his employer, Spirit Truck Company.

My condolences go out to David Younger’s family at this time. Younger was a native of Nashville, TN. He is survived by his wife of over forty years, two daughters and grandchildren.

The Importance of the Move Over Law

You may remember a piece I previously wrote about the Move Over Law. In it, I explained what this law requires of drivers and that many people were not observing this fairly new, but very important law.

Tennessee was actually the 30th state to establish a Move Over Law when it passed in 2006. According to the TN Department of Safety and Homeland Security, The “Move Over Law is a part of the [State Law: Move Over for Stopped Emergency Vehicles] “Failure to Yield to Emergency Vehicles Law” (T.C.A. 55-8-132) and requires motorists to move over into the adjacent lane of traffic, when safe to do so, or alternatively to slow down for emergency vehicles.

In 2011, the law was expanded to include utility service equipment to the list of vehicles for which motorists are required to either slow down or move over.

David Younger’s death reminds us all of the dangers that TDOT workers and state troopers face when motorists do not obey the Move Over law. Younger was the fourth TDOT employee in five years to have been killed in the line of duty statewide. Since TDOT’s inception in 1948, 110 TDOT workers have lost their lives on the job.

Tennessee Department of Transportation spokeswoman BJ Doughty explained to WKRN reporters just how dangerous a TDOT worker’s job can be, “When we are on the side of the roadway, you are coming through our office at 70 miles an hour.

Observing the Move Over Law

car-accident-emergency-responderAll motorists must work together to keep our roads safe. We must respect the important jobs that emergency responders have and help get them where they need to be. This means being aware of our surroundings and the rules of the road.

Let’s break down the Move Over Law into steps that we can all easily follow. After all, obeying the law could not only prevent you from getting a $500 ticket but help emergency responders save the lives of those in need.

  • Change lanes for emergency automobiles that are headed to a site.  It’s simple. When you see an emergency response vehicle behind you, move to a different lane to make a path for them.  Emergency vehicles include police cars with their sirens on as well as TDOT vehicles, ambulances and
    fire trucks.
  • Slow down and drive carefully if you can’t change lanes. If you cannot change lanes due to heavy traffic, slow down. This way the emergency responders can pass you more easily.
  • Change lanes when you see a stopped emergency vehicle.  If you can change lanes and move away from stopped emergency vehicles safely, then you should do so.
  • Move over for non-emergency vehicles too.  When you approach a stopped motorist whose experiencing car trouble, you should change lanes to give that person as much room as possible.

Pay Attention and Save Lives

We at Raybin & Weissman want to do all we can to raise awareness of Tennessee’s Move Over Law. Police officers, emergency responders and TDOT workers have to work on dangerous highways and roadsides on a daily basis.

In order for them to do their job, we must do ours by paying attention and giving them space.  Protect yourself and others on the highway. It is the law and it is your responsibility.

If you have experienced personal injuries due to an accident involving a truck, semi, tractor-trailer or heavy construction equipment hauler, I’m here to serve you.

“Fighting for your rights”  Contact David Weissman and the law firm of Raybin & Weissman for a confidential consultation of your case today at 615-237-8934 or fill out our contact form immediately. 

Bike Rider in Berry Hill Injured in Crash With SUV

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I wrote this for 2theTop design for their client Hollins, Raybin & Weissman law firm.

https://www.nashvilletnlaw.com/blog/bike-rider-berry-hill-injured-crash-suv/

nashville-bcycle-rental-bikesNashville has seen a substantial amount of growth over the past five years. With this increase in population, traffic and parking have become a problem in our community.

One solution to this problem is to forgo driving your motor vehicle and hop on a bike instead. Some areas, near Belmont and Music Row, for instance, have bike lanes where drivers and bike riders can more safely share the road.

Other streets, such as Gallatin Road and Main Street in East Nashville, have very narrow shoulders and no bike lanes.

In both types of areas, it’s critical that bike riders and motorists are aware of one another and of traffic laws in order to share the road effectively.

I came across an article in The Tennessean recently, in which a man was hit by an SUV while riding his bicycle in Berry Hill. The man was hit at the intersection of Franklin Pike and Berry Road.

The bike rider survived the crash but suffered a major injury to his arm.

According to the Federal Highway Administration, more than 50 percent of fatal and injury crashes occur at intersections. The intersection, near the Champion Car Wash, where the man was hit, is frequently very populated.

Drivers coming from the restaurants and shopping centers of One Hundred Oaks and people leaving the historic Berry Hill area meet at this intersection, which is home to a potentially dangerous overpass. This overpass could limit a driver’s line of sight depending on which way the driver is headed.

It is so important in a potentially dangerous intersection that drivers are aware of bike riders and vice versa.

Safety Tips for Bicycle Riders in Nashville

With bicycling increasing in popularity as a mode of transportation for locals and with tourists renting bicycles from the Nashville B-cycle, we all must observe the rules of the road to ensure the safety of all parties involved.

To prevent further accidents from occurring between motorists and bike riders, we put together this list of bicycle safety tips with information from the FHA, National Safety Council, and Tennessee Dept. of Transportation:

bicycle-rider-safety-info

  • Bicycle riders must ride on the right-hand side of the road with the same direction as traffic.
  • In Tennessee, a bicycle has the legal status of a vehicle. This means that bike riders have full rights and responsibilities on the roadway and are subject to the regulations governing the operation of a motor vehicle.
  • Don’t text and bike.
  • Bicycle riders should use hand signals to communicate their intention to make a turn a half-block before the turn.
  • Bike riders should dismount and walk their bikes across the road when crossing intersections during heavy traffic.
  • Bicycle riders should ensure that they are visible to drivers. Bicycle riders should wear light colored clothing in the evening or dark clothing with reflective strips.
  • In Tennessee, bicycles should be equipped with a front white light visible from 500 feet and either a red reflector or a lamp emitting a red light, which shall be visible from a distance of at least 500 feet to the rear.
  • All bike riders under 16 years of age must wear a helmet on any highway, street or sidewalk.

What to Do in Case of an Accident

bicycles-nashville“If you get hit by a car or truck while riding a bike, it is imperative that you wait for the police to arrive on the scene. You may be tempted to negotiate with the driver of the car, but you should avoid doing this.

Your focus at the time of an accident should be your own health – you should seek medical attention immediately after talking to the authorities. Your adrenaline after the accident could cause you to underestimate the severity of your injuries.

If you or someone you know has been injured by a motor vehicle in Nashville while riding your bicycle, personal injury attorney David Weissman will ensure you get the justice you deserve.

“Fighting for your rights”  Contact David Weissman and the law firm of Raybin & Weissman for a confidential consultation of your case today at 615-237-8934 or fill out our contact form immediately. 

Can’t Stand the Heat? Replace Your Air Conditioner

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I wrote this piece for 2theTop Design for their client Jewell Mechanical.

http://jewellmechanical.com/cant-stand-heat-replace-ac/

 

Custom Made Clothing Care Tips: Dry Clean Edition

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I co-wrote this for SUITS by Curtis Eliot.

http://suitsbycurtiseliot.com/style-guides/custom-made-clothing-care-tips-dry-cleaning-edition/

 

So fresh. So clean.

You wouldn’t go for years without showering, so why would you go for years without washing your suit? It’s understandable if you want to just break it in for a bit, but when stains start to appear and smells start to drift from the fabric – it’s probably time to make a change.

Since you’re investing a decent amount to purchase a quality suit, taking care of it is part of the investment. So to avoid ruining the crown jewels of your wardrobe, you’ve got to brush up on the most effective way to clean your suits. The best method? Dry cleaning.

Yes, dry cleaning is your one and only, but when do you know the time is right? There aren’t any hard and fast red flags for determining the perfect time for a cleaning, but when your quick spot cleaning and usual airing out isn’t taking away stains and odors that have found their way onto your suit, it’s probably time to bite the bullet and come clean.

But why can’t you just dry clean your stuff every week? Well, dry cleaning isn’t an entirely dry process; dry cleaners use a liquid solvent called perchloroethylene. Or just perc for short. Perc removes dirt, stains and oils from your clothes, but since it strips the fibers of their natural oils, too much dry cleaning will make wear and tear on your suit happen a whole lot faster.

There are a few tips you can keep in mind to keep your suits fresh between trips to the dry cleaners. Of course you want to brush off any food or dirt that may have accumulated on it while wearing it. This prevents them from sinking in and causing unpleasant smells and spots. You should rotate the suits you wear so that one isn’t getting completely exhausted. I know you’ve got your favorite – but give it a rest, man. Let it hang out. It’s good to let the air circulate around it for a day or two after wearing it. When you hang it back up, use a cover. A cloth cover allows air to circulate even though it’s covered, something a plastic cover can’t do. Use a steamer to clean and eliminate wrinkles before wearing it.

Gentlemen, To sum it up:

  • Suits are made of delicate fabric not denim, so clean only when needed.
  • Don’t dry clean your suits because they need to be pressed.
  • Iron and steam them if they need to be pressed.
  • Only dry clean your suits when they are stained and dirty (aim for once or twice a season)
  • The more you dry clean, the faster your suit will wear out.

 

You’ve got the goods. Keep them good. Don’t got the goods? We do. Get in touch with us today. Make an appointment. We’ll hook you up.

Best of the Bar

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I wrote this for 2 the Top Design for their client Hollins Raybin & Weissman

https://www.nashvilletnlaw.com/blog/david-raybin-best-of-bar-nashville-business-journal/

David Raybin Deemed Best of the Bar by Nashville Business Journal

Nashville Business Journal-Best of the Bar 

We are proud to announce that the Nashville Business Journal has acknowledged our partner, David Raybin, in their 2016 Best of the Bar list for his achievements in “Litigation and Dispute.” Congratulations, David!

Each year, Nashville Business Journal recognizes Middle Tennessee’s leading lawyers and corporate counselors in their Best of the Bar list.

Earlier this year, followers and subscribers of Nashville Business Journal nominated the men and women whom they considered to be the top legal minds in the area. This year, NBJ began basing categories on areas of practice and not firm size. Additionally, they updated their voting process to give more weight to votes outside of a nominee’s own firm. After the nominations were collected in early March, nominated lawyers voted for their fellow nominees. The lawyers and counselors with the most votes were named on the 2016 Best of the Bar winner list.

The attorneys who made the Best of the Bar list will be celebrated at a cocktail reception on June 2nd. Congratulations to all the attorneys!

To see the entire list published in the Nashville Business Journal, click here.

David Raybin’s Criminal Defense Career:

David Raybin - Top Nashville Criminal Defense AttorneyWith more than 35 years of experience, David Raybin heads the criminal defense division of Raybin & Weissman, which includes criminal trials, criminal appeals, parole hearings and civil rights litigation. In addition to the Nashville Business Journal, Raybin has been recognized for his exceptional legal work by the Best Lawyers of America publication, Tennessee Business Magazine and the Tennessee Bar Association.

Raybin has served on the Tennessee Sentencing Commission for nine years and has been a member of the Tennessee Rules Commission for two terms. He also serves as the local counsel for Children’s Rights and aids them in foster care litigation in the state of Tennessee. Additionally, Raybin, a prolific writer, penned the book Tennessee Criminal Law, which is highly regarded by attorneys and frequently cited in Tennessee courts.

Recent Cases:

David Raybin on Channel News 5David Raybin is one of the most established and highly sought-after criminal lawyers in Nashville, TN. It is not surprising that his peers in the Nashville legal community recognized his work in many high-profile cases over the past year.

Below is a sampling of some of the newsworthy moments from Raybin’s career in 2015.

David Raybin and Jack Lowery represented a man who spent 31 years in jail before DNA evidence cleared his name. 11/2015

Raybin served as legal consultant in a lawsuit, which challenged Tennessee’s handling of life sentences with chance of parole. 9/2015

Raybin represented a woman who was convicted of killing her newborn twins by questionable evidence in 2011. 7/2015- 8/2015

Raybin defended the murderer of country-singer Gerald Wayne Mills. 3/215- 5/2015.

David Raybin’s experience, knowledge and integrity as a criminal lawyer continue to make him an immense asset to Raybin & Weissman, and all of us are incredibly proud of his Best of the Bar acknowledgement.

E-mail Subject Lines for Designer Bag Company

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My assignment was to write 100 taglines for a designer bag company. Here are 20 of those 100 lines. They wanted these to appeal to mostly male record collectors who loved to travel.

  1. Papa, get your brand new bag!
  2. Hey! I’m at the corner of Functionality and Sophistication. Come meet me.
  3. We Found Your Bag
  4. The Looks You’ll Love This Season
  5. What Are You Carrying to Work Tomorrow?
  6. Something You Can Get Away with Wearing Every Day
  7. Trust us. You’ll wanna be brown-baggin’ it this week
  8. Don’t Shoot the Messenger Bag
  9. We’ve Got Your Backpack
  10. Here it is! What every record collector would love to find!
  11. Airport lines are long. Look good waiting.
  12. Everyone’s got baggage. Upgrade in style.
  13. Embarrassed at Baggage Claim? We have what you need to travel like a boss.
  14. Business or Pleasure? Never mix, never worry. It’s all in the bag.
  15. You Get What You Pay For. Don’t cut corners on durability.
  16. Check it. Stowe it. Claim it. You name it.
  17. Wanna be the envy of your colleagues?
  18. Life is short. Talk is cheap. Let the bag brag for itself.
  19. Now that the cat’s out of the bag, it’s time to buy a new one.
  20. If James Bond was looking for a bag, we’d be his first hit.

218 20th Ave. N. Case Study for Sperry Van Ness Nashville

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85e68520ced54a1497b5406edbbb5f5eCONFLICT

It’s hard to believe that a building in the heart of Midtown Nashville was facing 100% vacancy in 2014, but one of our clients came to us with that very problem. Our client had a two-story building on the corner of 20th Ave. N. and State St, which sat across from the St. Thomas Midtown emergency entrance. The building owner contacted SVN’s Stan Snipes to help him find occupants.

ACTION

Snipes assembled and distributed marketing materials to potential tenants. The building owner agreed to some minor investments for tenant improvements, and we were able to quickly bring the building to 100 % occupancy.  Casey Noble, DDS leased the first floor of the building. Noble had been servicing patients out of a Midtown office for over a decade, but when our marketing materials reached him, he had just been given a notice that he could not renew his current rental agreement. Dr. Noble’s endodontic practice now occupies 3800 square feet of our client’s building, and Noble is thrilled that he did not have to leave the Midtown area. Walgreens rented 1500 square feet in one of the upper-level sections of the building, and Cartridge World rented the other 1500 square feet in the building’s second-level. All three tenants agreed to 10-year leases with our client.

RESOLUTION

0 to 100: By marketing our client’s building based on its potential and not on its current state of disrepair, we were able to generate great interest in the building and bring it to 100% occupancy quickly.

Minor Investments, Major Rewards: By convincing our client to invest in some minor improvements to the building, we were able to find him tenants who each signed a 10-year lease. After only a few years into these rental agreements, our client will be able to repay himself in full.

A Win-Win Scenario: Dr. Casey Noble, DDS didn’t think he could stay in the midtown area after his former office was sold. After signing a lease with our client at 218 20th Ave N, Noble now has a centrally located Midtown office for at least ten years.

 

 

1820 West End Case Study for Sperry Van Ness

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RenasantBank10-23-2014

Challenge:

Have you ever felt like a rug was being pulled out from under you? Then you can understand how Renasant Bank felt when they found out that their much-loved space at 1820 West End in Midtown Nashville, TN was being sold to developers and converted into a hotel. The 1820 West End Building on the corner of 19th Ave N and West End had been the bank’s main headquarters in Nashville for years. The building’s owner employed SVN’s Stan Snipes to assist him in selling the property, and in the seller’s market that is Midtown Nashville these days, it sold quickly. The property’s new owner decided to sell the property to an office or apartment developer in lieu of converting it into a hotel. So while the building’s new owner searched for a buyer, Renasant Bank employed Snipes to help them search for a new headquarters.

Action:

After an exhaustive search throughout Nashville, Snipes decided that it would be in Renasant Bank’s best interest to focus their efforts on the site of their existing branch. We approached 1820 West End’s new owner about selling the property to the bank, so that they could develop a new building on the land. The building owner was interested in the offer, and we were able to negotiate a purchase price that matched both of our client’s investment goals. After this successful negotiation took place, we were additionally engaged by Renasant Bank to locate a temporary headquarters for their office space while their new building was being constructed on the 1820 West End property.
Result:

New State of the Art Facility: By negotiating with their current property’s owner, Renasant Bank was able to create their dream modern office space without sacrificing their beloved location in Midtown Nashville, TN.

Two Birds, One Stone: With both of our client’s best interests in mind, we were able to arrange a deal that benefited both parties. The developer realized a strong return on their original investment, and the bank never had to relinquish their original location to a competitor in the market.

Owning vs. Renting: Renasant Bank opened their new and improved headquarters in 2014, and as the owners of the 1820 West End property, they never have to fear that the rug will be pulled out from under them again.

 

 

 

Musician’s Institute Case Study for Sperry Van Ness

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MotivationalClinic-Flyer-2

CHALLENGE

When the musical education innovators of Musicians Institute came to us looking for a space for their Nashville branch, they requested some unique aspects of their facility. The Musicians Institute is a California-based school, which offers a wide variety of music degrees in all areas of concentration in the field of contemporary music- from guitar lessons to music business courses. For the Nashville branch, MI wished to open a school in which students could learn how to build guitars. MI sought out Sperry Van Ness to help them find a space to meet their needs in Nashville, TN. They needed a space that could be the headquarters of their Nashville school with enough room to accommodate a large woodworking shop as well. Additionally, they requested that the school be in close proximity to a potential student base.

ACTION

SVN’s Stan Snipes found a space, which was formerly a Jay Barleycorns on 5000 Harding Place, Nashville, TN. This centrally-located facility had a storefront, which could serve as the main office and headquarters of MI’s Nashville branch. A large warehouse, which would be perfect for a woodworking shop, sat behind the main building. When Snipes presented this option to MI, they agreed that it was the perfect place to set up their new school and purchased the facility.

RESULTS

  • Coming Soon: The new, Nashville-based headquarters of Musicians Institute is currently under construction. The 16,855 square foot lot at 5000 Harding Place is being transformed into exactly what MI wants the space to be. Opening day is set for November 1, 2015
  • A Perfect Place to Set Up Shop: The large warehouse behind the main building is truly turning out to be the perfect space for a wood-working shop. There is plenty of space for students to work, with enough room for instructors to provide lessons and assist their students.
  • Go where the clients are: With schools and interstates nearby, the Harding Place area is a great place to start a private school. The new institute is visible to potential students in the area, and students all over Nashville will have a short commute to MI’s new facility.

 

 

Mid-South Transplant Case Study for Sperry Van Ness Nashville

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8001 Center View Parkway, Cordova, TN

 38c17d4358444872a0c96955ee3d5f1f

CHALLENGE:

Anyone who has tried to purchase a home for their expanding family knows the frustration that comes with finding and moving to a new space. Now, imagine the frustration that Mid-South Transplant Foundation felt when they outgrew their 15,000SF property with over four years left on their lease. Mid-South Transplant Foundation is a non-profit, federally designated Organ Procurement Organization, which serves Western Tennessee, Eastern Arkansas and Northern Mississippi.

Mid-South Transplant Foundation heard that we at Nashville’s Sperry Van Ness had a history of multi-market representation, and they contacted us to help find a property to accommodate their expanding business. We at SVN knew that Mid-South Transplant Foundation could not afford to stop seeing patients even though they were bursting at the seams in their current space.

ACTION

David W. Creed, SVN’s Senior Advisor, quickly began researching Mid-South Transplant Foundation’s commercial real estate history. Creed found that the non-profit was launched in 1976 in a 13,000SF building and had since expanded 3 times. He examined their current lease and found that they had no expansion rights in their contract.

David W. Creed contacted Mid-South Transplant Foundation’s landlord and was able to negotiate a deal in which the tenant would continue to rent the 15,000SF space for 4 years and sign an additional 10-year lease on their 4,000 SF expansion space at a low-market rate. In an exchange for the ten-year contract, the landlord wrote the tenant a check for $300,000 dollars to cover all construction costs of expansion. In addition to this incredible deal, we negotiated a renewal option as well as expansion options, so that the tenant’s business could expand further in the future.

SOLUTION

  • Overcame Challenges of Contract Constraints: Our client was in a binding, seemingly hopeless situation –under a lease for 4 more years with no ability to expand. By negotiating with the landlord, we were able to turn the situation around completely.
  • Negotiated a Bigger Space at No-Upfront Cost to the Client: By signing a ten-year lease with their landlord, our client was allowed expansion rights and granted $300,000 to cover construction costs.
  • Eliminated the Hassle of Moving: By negotiating with our client’s current landlord, our client never had to stop seeing their patients. They were able to continue their practice while their property expanded around them.