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Orlando, Florida
Drycleaner Wins Lawsuit - Monday, June 25, 2007
On Monday, a judge rejected the absurd claim of a misguided administrative judge and lawyer that the loss of a pair of his pants warranted a $ 54 million dollar award. At CGWC we always thought this abuse of the civil justice system was shameful, and all the moreso because it was being prosecuted by a member of the legal profession who should have known better. The case was giving the civil justice system a black eye and we applaud the judge who rejected this outrageous civil lawsuit. Perhaps this ruling will restore the public's confidence in the legal system. And it should be noted that members of the AAJ contributed to the drycleaning company's defense fund.
Pope Issues 10 Commandments For Drivers - Tuesday, June 19, 2007
Yesterday the Vatican relased the "Drivers Ten Commandments" warning drivers about the dangers of everything from road rage to using cars for prostitution. The "Guidelines for the Pastoral Care of the Road" which contains the "Driver's Ten Commandments" also urges motorists to help accident victims.
The motivation for these guidelines was the 1.2 million people who die each year on roads, according to Cardinal Renato Martino in a press conference from Rome. The Cardinal said, "That's a sad reality, and at the same time, a great challenge for society and the church."
The "Guidelines For The Pastoral Care of The Road" lists the "Driver's Ten Commandments" as follows:
- You shalt not kill.
- The roads shall be for you a means of communion between people and not of mortal harm.
- Courtesy, uprightness and prudence will help you deal with unforeseen events.
- Be charitable and help your neighbor in need, especially accident victims.
- Cars shall not be for you an expression of power and domination, and an occasion of sin.
- Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so.
- Support the families of accident victims.
- Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness.
- On the road, protect the more vulnerable party.
- Feel responsible toward others.
Negligent Driving More Dangerous Than Drunk Driving? - Sunday, June 17, 2007
According to NegligentDriving.com, a consumer information site hosted by representatives in the restaurant industry, negligent driving is statistically more dangerous today than drunk driving! Both the total number of traffice fatalities and the rate of traffic fatalities have increased over the last 20 years while fatalities from drunk driving accidents have plummeted.
Traffic fatalities from accidents involving illegal blood alcohol content (BAC) dropped from about 55% in 1982 to less than 35% in 2005. Yet, traffic fatalities from accidents involving no alcohol increased from 40% in 1982 to over 60% in 2005. Why?
According to Negligent Driving the rate of highway deaths will only decrease when the dangers of negligent driving are taken more seriously, as drunk driving has been, by groups like Mothers Against Drunk Driving, law enforcement agencies, and state legislatures. Negligent driving includes such risky behavior as speeding, fatigued driving, and distracted driving.
Speeding, for example, is even glamourized by the sports industry, commercials and films, and even has a cable channel as a namesake. The public gives almost no thought to the dangers of speeding and motorists routinely drive at 10, 15 or even 20 mph over the speed limit without a second thought. Yet, speeding accounted for 30% of all traffic fatalities in 2005. Driving 10 mph faster than surrounding traffic is like driving with a .09% BAC. Driving 15 mph faster than surrounding traffic is like driving with a .12% BAC, and driving 20 mph faster is like having a .14% BAC.
Distracted driving, like driving while talking on a cellular telephone, text messaging, fixing your hair, putting on make-up, reading, writing, talking or listening to music, has become an everyday activity for most commuters. Distracted driving is the number one killer of American teens. Brain power used while driving decreases by 40% when a driver is listening to a conversation or music. It is estimated that a million people a day drive while emailing or text messaging. Drivers talking on cell phones are more impaired than drivers at a .08 BAC.
Think about all of this when you take to the highways this summer. If you're multi-tasking while driving, you may be more dangerous than a drunk driver. Drive safely, and pay attention to the task at hand.
CGWC Attorneys Named Superlawyers - Friday, June 15, 2007
For the second year in a row, CGWC partners, Stewart L. Colling and Melvin B. Wright, have been named Superlawyers by Superlawyers and Law & Politics magazines. The 2007 selections were recently named. Superlawers selects recipients after an extensive selection process of balloting, blue ribbon panel review, and independent research. Superlawyers selects the top 5% of attorneys in each state, as chosen by their peers and independent research by Law & Politics. Only 5% of Florida attorneys are chosen for this distinction.
Medical Malpractice Insurers Dupe Doctors And The Public Again - Tuesday, June 12, 2007
For years Florida physicians literally marched in the streets, at the urging of their professional associations, hospitals, health care companies, and their medical malpractice insurers, demanding that patients' rights be curtailed and restricted and that the amount of damages awarded to medical malpractice victims be capped in order to reduce their malpractice insurance premiums. Well, four years ago, with the influence of patient advocates and trial attorneys at an all-time low, and after three special sessions on the issue, they were successful. Yes, the Florida Legislature capped "pain and suffering" awards by juries in medical malpractice cases.
The doctors got what they wanted and expected their insurance rates to decrease. But they didn't. And the doctors are still complaining about price gouging by their insurance companies. So, the rights of patients were impaired and the damages to which they are entitled are capped, even if a jury says they deserve more than the cap amount.
Senator Durell Peaden of Crestview wanted to change that this year. Peaden, a doctor himself, introduced a bill this year that would have prevented malpractice insurers from basing their current rates on data from years before the caps took effect. The bill would have required the insurers to reduce their rates by 25% less than they were on October 1, 2004, the date the "damage caps" became effective.
Peaden's bill went nowhere. So what was the 2004 fight all about? Reducing doctors' insurance, or just taking away patients' rights?
8.6 Million Dollar Verdict Against State Farm - Sunday, June 03, 2007
According to The Consumerist, a consumer advice website, State Farm is not such a good neighbor to its customers. Recently, in Kansas, a jury returned a verdict of 8.6 million dollars for malicious prosecution and intentional infliction of emotional distress against State Farm and in favor of their customer, Jeannie Hampton. It all started when Ms. Hamptons Toyota was stolen and later found burned to a total loss on a rural road.
Two separate law enforcement authorities investigated and concluded that Ms. Hampton was not involved in the arson and theft. And what did the good neighbor do? They not only refused to pay for the Toyota, but they conducted their own internal investigation and concluded that Ms. Hampton was guilty of insurance fraud. They then threatened her with criminal prosecution when she filed her lawsuit for breach of contract. State Farm turned over its investigative information to the National Insurance Crime Bureau who convinced prosecutors to bring criminal charges of insurance fraud, a felony, against Ms. Hampton. Later, it was determined that the information provided to the NICB was a bit tainted. State Farm had threatened one witness to solicit perjury, concealed and disregarded exculpatory evidence, and directed the conclusions of their mechanical expert. In the criminal trial, Ms. Hampton was acquitted.
Ms. Hampton then proceed to trial on her breach of contract claim and also brought suit for malicious prosecution and intentional infliction of emotional distress. Including punitive damages, the verdict in their favor in the civil case was over 8.6 Million dollars.
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