Posts in the News Category at Franklin Tennessee Lawyers | Franklin TN Family Law Attorneys | TN Business Law in Franklin | TN Criminal Defense in Franklin Schell & Oglesby, LLC, is the law firm of established attorneys with diverse law experience, including family law, estate planning, contract law and commercial litigation. Thu, 25 Aug 2016 17:35:35 +0000 en-US hourly 1 Bullying And Wrongful Death Lawsuits Mon, 12 Oct 2015 13:36:12 +0000

Bullying And Wrongful Death Lawsuits


Cases such as these have resulted in families receiving compensation and other forms of retribution for their lost. These assets have proven invaluable in helping to pay for funeral costs and the emotional pain endured. At the same time, the legal system is complicated and certainty for justice can be elusive is cases involving bullying.

Below are a few factors that make “bullying” wrongful death lawsuits a unique challenge:

They Lack Precedence

Though bullying has become a buzzword in the media, it is still a relatively new concept for the legal system to handle. In fact, in past generations in the United States, bullying was interpreted as part of the maturation process that young people learned to endure.

Legality Issues

Even though a wrongful death suit may succeed despite the absence of a crime, it is more difficult to prove culpability when the parties responsible acted in a legal manner, therefore undermining arguments contending negligence.

Minors Have Protection Under the Law

Although parents and families can be held legally responsible for the actions of their children, it maybe quite difficult to persuade a jury that young people are significant threats and/or that their parents somehow could have precluded their behavior in question.

Direct Culpability

The most challenging and important component of a wrongful death case is to illustrate a substantive connection between one party’s behavior and the other party’s death. Typically, it can be challenging to demonstrate that a child chose to take his or her own life directly because of the behavior of a bully. Moreover, the courtroom procedure will involve sensitive inquiries into the victim’s mental state and the parenting capacities of their mother and father.

Though cases such as these will continue to challenge the boundaries and nature of the legal system, your child should not be forced to endure such potentially devastating behavior. If your child is being abused, bullied or harassed in or outside of school, seek professional guidance from a counselor. If you feel you have a legal case, contact a qualified attorney to determine your next steps.


Connie Chadwick

Attorney, BPR# 33237
Schell & Davies, LLC

Prenuptial Agreements in Tennessee Wed, 30 Sep 2015 18:08:38 +0000

Prenuptial or Antenuptial Agreements are favored by public policy in Tennessee. Tennessee Code Annotated 36-3-501 states:

Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502 any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any Court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such Court, to have been entered into by such spouses freely, knowledgeably, and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such Agreement shall be enforceable by all remedies available for enforcement of contract terms.

The goal of antenuptial agreements is to protect parties who have already accumulated wealth and are considering marriage or as in most cases remarriage. Many times a person contemplating remarriage already has children by a prior marriage. One of the major goals of a prenuptial agreement is to ensure ones children will receive their inheritance in the event of a parent’s remarriage to someone else. The other primary objective is to protect the party entering into such a marriage from having their accumulated wealth dissipated in the event of a divorce.

When parties become engaged to marry, they then are in a confidential relationship. In the event of a prenuptial agreement, each party then has a fiduciary duty to make full disclosure of their assets and income. The extent of what constitutes a full and fair disclosure varies from case to case depending upon a number of factors, including the relative sophistication of the parties, the apparent fairness or unfairness of the substantive terms of the agreement, and any other circumstance unique to the litigants and their specific situation. While disclosure need not reveal precisely every asset owned by an individual spouse, at a minimum, full and fair disclosure requires that each contracting party be given a clear idea of the nature, extent and value of the other party’s property and resources. Though not required, the most simple and effective method of proving disclosure is to attach a financial statement indicating a party’s assets and liabilities. In addition, most parties will provide a tax return showing their present income. Randolph v. Randolph, 937 S.W. 2d 815 (Tenn. 1999).

Another way to ensure both parties have knowledge of the assets and understand the agreement is to provide each party with independent counsel. Thus, when parties are engaged, the opportunity for consultation and independent counsel should always be afforded if possible. Kahn v. Kahn, 756 S.W. 2d 685 (Tenn. 1988). Independent counsel is possibly the best evidence that a party has entered into an antenuptial agreement voluntarily and knowledgably. Randolph v. Randolph, supra at 822.

In addition to controlling the distribution of property in a divorce, a party may also contract for alimony and attorney’s fees and require the other party to waive those statutory rights in the event of a divorce. Cary v. Cary, 937 S.W. 2d 777 (Tenn. 1996). However, one area which the Courts will not allow to be contracted is custody and child support.


By Robert E. Lee Davies

What to Know About Injuries in School Tue, 25 Aug 2015 21:33:51 +0000

What to Know About Injuries in School

Injuries that occur at school can be troublesome for all parents and students, not just the parents of an injured child. Public school systems consider student and teacher safety as the primary security concern at school, but accidents do happen. With constant interaction between students, teachers, and school officials, issues often arise from personal differences on school grounds. These potential situations are the basis for strict behavior guidelines for everyone involved with school during the hours of scheduled operation. However, determining if the school can be held liable for injuries is a legal question that depends on the actual material case facts. The Tennessee Governmental Tort Liability Act If you are the parent of a child in school in the state of Tennessee, The Tennessee Governmental Tort Liability Act does authorize legal action against a public school in certain situations. There are, however, limits in both damage awards and claims that can be made. Just as in any other civil tort case, a valid injury must actually have occurred, and the plaintiff legal counsel must demonstrate proof of the injury to the court. In addition, the injury must have occurred on school property, even if it is a leased facility, and the injury scenario must be school-sponsored. The final prong in determining if the school is ultimately liable is proving negligence. The respondent school must fail to provide a reasonable duty of care to the safety and well being of the injured plaintiff, which leaves considerable legal latitude of opinion regarding case facts using the civil law “preponderance of the evidence” proof burden. Liability Limits There are also limits to this premise liability status for problems such as athletic injuries, as students often demonstrate a personal reasonable assumption of risk to injury by participating in sporting events. Merely being on school property is not always sufficient, and many times this is documented in the signup process for extracurricular activities at school. However, the laws regarding premise liability involving the structure itself are still present, especially if the school officials knew of structural or physical dangers before an accident occurs. Legally termed as foreseeability, the potential for injury can be a crucial legal element of any lawsuit against a public school. The concepts of reasonable duty of care are always central to any claim of negligence against a civil respondent, and school systems are no different. In many ways, the safety of students and teachers is a primary concern any time a school is holding an event, even when it is public. Injury claims against schools can be complicated legal issues that need the expertise of an experienced and effective civil litigation personal injury attorney. If you have a child who has been injured at school, do not hesitate to contact a lawyer for more information today. By: Connie Chadwick Attorney, BPR# 33237 Schell & Davies, LLC

Social Media Costs Thu, 25 Jun 2015 15:15:38 +0000

Social Media Costs a Woman Hundreds of Thousands of Dollars in Personal Injury Claim

Personal injury lawsuits are filed every single day by a wide variety of different people and for a range of different reasons. Whether you were in an accident or were involved in an accident on the job, personal injury lawsuits can greatly benefit you in terms of helping you receive compensation and money for lost wages and damages.

While it’s easy to understand what a personal injury case is and why someone would file one, it’s equally as important for you to understand how your social media page can ultimately affect the outcome of the case in general.

An Example of Social Media Evidence

Social media postings from before and after an accident are taken into account during a personal injury trial. This reality was recently brought home to Sarah Tambosso, a woman who filed a personal injury case for two car accidents.

She claimed that the accidents drastically changed her life for the worse, leading to depression. When her social media postings from after the accident were brought to the attention of the judge, it was determined that her claim was invalidated and her case was thrown out of court. This is a prime example for how social media is being used when it comes to personal injury claims.

This excerpt from The National Post gives more insight into her social media activity:

Evidence put forward by the defense, including hours of video surveillance and 194 pages from Tambosso’s Facebook account, showed the plaintiff in numerous social settings — drinking and river tubing with friends, attending costume parties, performing at a karaoke competition — which were “completely inconsistent” with someone suffering from psychological trauma, the judge said.

Benefits & Disadvantages of Social Media

There are many benefits and some disadvantages to social media being used for these types of cases. For one, social media is a way for the court to know if someone is making a story up, or exaggerating the affects of an accident. For example, if a person claims he or she cannot work because of an accident and then posts pictures on his or her social media page where he or she us doing heavy labor, climbing or is at work.

Unfortunately, there is a disadvantage to social media being taken into account when personal injury claims are concerned. For instance, people may feel uncomfortable posting certain things, fearing it could hurt their case, even if it’s as simple as a family picture playing outside with their kids.

Be Aware & Use Caution

Social media is going into the courtroom and many people are losing their personal injury cases because of it. Posts, pictures and other things added to your page could either make or break your case in mere seconds. Be aware that your social media page could be looked at with a magnifying glass if you recently filed a personal injury claim, and be especially aware of everything you post.

If you’ve recently been injured in an accident, it is important to consider a personal injury lawyer. When it comes to using social media before and during a personal injury lawsuit, remember to think before you post. As the old adage goes, it is better to be safe than sorry.

Connie Chadwick

Attorney, BPR# 33237
Schell & Davies, LLC

What is “Custody” Sun, 14 Jun 2015 19:17:26 +0000

What is “Custody”

Every divorce or paternity case in Tennessee involving children will result in a Permanent Parenting Plan that was either agreed to by the parties or ordered by a Judge. This plan will establish important guidelines for your children such as the day to day calendar, child support, and health insurance for your child(ren).

The Permanent Parenting Plan is a vital part of your case. During discussions with new clients, I always hear the term “custody” when talking about their desired parenting time with their children in a divorce case. The truth is, in the vast majority of cases, both parents will have “legal custody.” What clients usually mean when discussing “custody” is that they want to spend the majority of the time with their children. Instead of actually wanting “full custody,” what the parent usually wants is to be designated the Primary Residential Parent.

How is the Primary Residential Parent Determined?

Some parents get hung up in the status symbol associated with being the Primary Residential Parent and think that since the Judge named them Primary Residential Parent, that means the Judge thought they were a better parent. This is wrong. If your case goes to trial and both parents want to be designated Primary Residential Parent, a Judge will use what is called the “best interest of the child analysis” to make the decision. Found in Tennessee Code Annotated §36-6-106, the best interest of the child analysis uses a variety of factors to help guide the Court in its decision. Make sure to speak with your attorney about the specific factors in the analysis so as to ensure your evidence presented at trial is on point with the guidelines the Judge will follow.

Why does it matter?

There are really two reasons why the designation of Primary Residential Parent can be important in your case. First, the Primary Residential Parent’s home address will be what controls where the children go to school. It can therefore negatively affect your case if, during your divorce, you move out into a new home outside your current school zone. Secondly, a Primary Residential Parent will have the authority if he or she wishes, to move up to fifty miles from the other parent’s address with the children without needing any court approval. This could have major consequences on the Alternate Residential Parent’s visitation schedule.