Meridian Law WINS Summary Judgment in Uninsured Motorist Case

By: Robert D. Martin

 

In November, 2016, Judge Hamilton Gayden of the Davidson County Circuit Court granted Summary Judgment in favor of an uninsured motorist insurance provider when the insured driver delayed notifying the provider for over two years after the accident at issue occurred.

Meridian Law, representing the insurance provider, argued that the driver’s delay prejudiced the provider’s ability to fairly and effectively try the case by removing its ability to interview witnesses while they still had a fresh recollection, examine the scene, and conduct its own independent investigation of the crash. Furthermore, the driver was involved in multiple subsequent vehicle accidents before notifying the insurance provider, making it difficult, if not impossible, to determine which injuries were the result of which accidents.

The Court agreed and granted Summary Judgment for the insurance provider, effectively ending its involvement in the litigation. This is a great victory for our clients!

If you are an insurance adjuster and you are looking for attorneys to handle your claims, contact Meridian Law for a free consultation. 

Meridian Law Successfully Defends Breach of Contract Claim in Benton County, TN

January 17, 2017

Stacey & Lisa Powell v. Matthew Powell, 16-CV-314

In this matter, the Plaintiffs filed a lawsuit against the Defendant in the General Sessions Court for Benton County. The cause of action was breach of contract for an alleged unpaid debt of a specified amount.

Meridian Law successfully defended the action. The trial court dismissed the case on Defendant’s motion after a trial on the merits. At trial, the Plaintiff failed to introduce any evidence of a contract memorializing any actual debt owed. Meridian Law successfully argued that on an action for an unpaid debt, the parties must have a writing, signed by the person against whom the contract is to be enforced pursuant to the statute of frauds. T.C.A. 29-2-101.

Tennessee, like many other states, has a law on the books called the Statute of Frauds. This is an important law to know and understand, especially if you are considering loaning someone money. Tennessee’s Statute of Frauds states that certain types of contracts must be in writing in order to be enforced. Absent a writing, the contract cannot be enforced. The most common mistake we see, is that creditors loan money without a written contract. As in the case above, if there is no written contract, a creditor cannot enforce the agreement and is precluded by law from filing a lawsuit to collect the debt.

If you are considering loaning someone money, or entering into any other type of monetary transaction, you should reduce your agreement to a writing and have it signed by all parties. If you have been sued, or need to file suit to collect a debt, Meridian Law may be able to assist. Meridian Law can also assist in the drafting and review of contracts.

If you think Meridian Law can help you, give us a call today at 615-229-7499 or email info@meridian.law.

PRESS RELEASE: Meridian Law Adds New Attorney

FOR IMMEDIATE RELEASE

October 14, 2016

MERIDIAN LAW ADDS NEW ATTORNEY

             Nashville, TN – Meridian Law, PLLC, (http://www.meridian.law) is pleased to announce that Robert D. Martin has been hired as an associate. The addition of Mr. Martin in the firm’s Nashville office will enable it to expand its practice areas and to continue offering excellent service to its clients.

           Robert D. Martin, Esq., is a graduate of Belmont University College of Law (’15), where he served as Editor-in-Chief of the Law Review. Prior to joining Meridian, Robert worked at a boutique labor and employment law firm in Nashville. As a law student, he worked as a Research Assistant for Professor Lynn Zehrt and as an intern-clerk for Tennessee Supreme Court Justice Jeffrey Bivins. He competed on the school’s nationally ranked Mock Trial Team. Robert also served as the Pro Bono Coordinator for the Belmont Legal Aid Society, and was awarded the title of Law Student for Justice by the Tennessee Supreme Court for dedicating over 75 hours of pro bono legal services to the community. His practice areas include employment law, landlord/tenant law, insurance defense, and civil litigation. Robert is licensed in Tennessee.

         Meridian Law, PLLC, offers a wide variety of legal services and innovative legal solutions to its clients. The firm’s business model is built around providing superior customer service and sound legal advice at a fair cost. The addition of these attorneys will allow Meridian to enhance that philosophy and expand its practice areas. For more information, contact Meridian Law today.

 

Contact:

Meridian Law, PLLC

Thomas W. Shumate IV, Managing Member

615-229-7499

tom.shumate@meridian.law