Boy scouts will go door to door on Saturday, March 26th to collect non-perishable canned foods.

Here is a link to the Utah Food Bank’s web-site for more information.  https://www.utahfoodbank.org/scouting

Check out our TV commercial on YouTube!    http://www.youtube.com/embed/M47y-6DiamQ

There is a lot of hype about the McDonalds’ scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding — capable of almost instantaneous destruction of skin, flesh and muscle.

Here’s the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson’s car when she was severely burned by McDonalds’ coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drive through window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.

During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebeck’s. This history documented McDonalds’ knowledge about the extent and nature of this hazard.

McDonalds’ witness also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees Fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees. Further, McDonalds’ quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees.

He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the “holding temperature” of its coffee.

Plaintiff’s expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds.

Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck’s spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn. McDonalds asserted that customers buy coffee on their way to work or home, intending to consume it there. However, the company’s own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee and that a statement on the side of the cup was not a “warning” but a “reminder” since the location of the writing would not warn customers of the hazard.

The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonalds’ coffee sales.

Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees Fahrenheit.

The trial court subsequently reduced the punitive award to $480,000 — or three times compensatory damages — even though the judge called McDonalds’ conduct reckless, callous and willful.

No one will ever know the final ending to this case. The parties eventually entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.

Excerpted from ATLA fact sheet

Ned Siegfried wanted a Dory & Nemo theme to help children feel comfortable in a business setting. Children love it when they walk in and see our fish tank. They immediately run to the tank to see Dory & Nemo and the other dozen or so fish we have in our aquarium.

Dory is now seven years old and the orange and black song fish are about the same age. I think that’s a long time for a fish.

Yes, the fish get along so they’re no disturbing sights of floating fish or shark attacks in an eight hour day. Not a good look  for a business…

Our receptionist Gianna, feeds them twice daily. She tells me they anticipate feeding time when the see the red cup. How their fish brains know this I do not know. (See photo below.)

We have some new additions that change their color and camouflage themselves in the shrubbery. Sometimes it’s really hard to find them.  See what I mean?

The red flaming fish sits near the bottom when he’s hungry. He looks kind of sulky. He’s waiting for the sight of the red cup and then the food magically appears.

Our fish tank is professionally cleaned once a week. Keeps everything healthy. The folks at Alpine Marine Imports in Orem, Utah help us with that. Give John a call, he can put fish in your office too.

Let us know if you have any suggestions regarding fish in aquariums.

Why are the letters of our name scrambled on the lawn in front of our building?

Along with remodeling the third floor of our building, we thought we would change out the building sign.  We want it to be easy for folks to spot our location from the freeway. The guys from Impact Signs are here this afternoon. They placed all the letters from our name on the grass in front of the building. Soon, the letters will be lifted into position on the building. 

She was carrying her young grand-daughter in her arms. It was evening and dark.  Donna cut across the parking strip to save a few steps getting to her car with the sleepy girl. The little girl loved sleepovers at her grandma’s house.

Donna thought she was stepping on a water main cover, large and round. But then it slipped out from underneath her foot. She quickly put out her other foot so as not to fall with the child. She couldn’t have known in the dark that what she stepped on was really a large saw blade. A concrete cutting saw blade with teeth sharp and curved waiting to slice deep into her leg. Changing in an instant, her ability to walk normally for the rest of her life.

A construction company, a local company you would know by name, had carelessly discarded one of their concrete blades. It was no longer useful to them and they left it in front of this home, in this neighborhood, where her granddaughter lived. It could have been in your neighborhood. Think about that.

We’re talking about a 14” blade, steel and still very sharp. Sharp enough to slice through her Achilles heel without hesitation as she tried to regain her footing. It sliced deep across her heel. It felt as though a 220 volt ripped through her body. She immediately fell to the ground, not knowing what had happened.

She would have bled to death right there but for the quick thinking of a family member who grabbed a bandana and fashioned a tourniquet to slow down the bleed-out. 

A fourteen inch blade, go measure that and then try to figure out how a road crew left that behind? Not on a building site, not on a freeway job, but in a neighborhood where children play. Of all things irresponsible, this would be one.

Look again at the picture above. It is very similar to the one that caused so much physical damage to our client.  Pictures of her wound would be too disturbing and in poor taste to show you here. A jury will see the photos though.

Donna has missed months of work because of this serious injury. It’s work she loves and which has defined her life for many years. Not to mention the second paycheck her family desperately needs. She has always worked, and been proud of it. She can no longer do that job. It’s been taken from her, possibly forever. I know her self-esteem has suffered.

Donna lost her truck when she and her husband couldn’t make the payments. Food and a roof over their heads became this family’s priority. There were difficult decisions they had to make.

She’ll never be able to walk properly again-her job requires a lot of walking. I question what her future holds with an injury this severe.

This is a lively woman who loved to dance Salsa with her husband on the weekends. She’ll never wear heels again. She loved to swim and taught all her grand children how to swim. She can’t do any of that now. This is a mother who loved camping and hiking visiting different areas around the state every weekend, every summer with her family. All of that and more have been taken away from her. How do you calculate the damages to this person? If you were on a jury what would you decide?

We hold the construction company responsible for their blatant neglect. Their initial offer to Donna barely covers her hospital bills; the multiple surgeries, the skin grafts, the hyperbaric chamber and the painful, difficult physical therapy. Their offer is an insult to this kind woman. Her present circumstances were caused by this company’s negligence. 

Money is a poor exchange for her injury. But it will help restore her life to more like it was. They need to get current on their  house payments. She could get her truck back so she has transportation. Her suffering is real and she deserves compensation for all that has happened.

A large judgment against this irresponsible construction company would send a message to all construction companies in Utah; make safety to your community a priority over profits. What do you think? Do you agree?

Mary was a repeat client from 2002, we withdrew from her case at that time since after the police report, she was found at fault. This year she had another accident so she called me, to help her again.

It was always nice to talk to Mary; she had a way of speaking with kindness that always made you feel happy and peaceful. You know how sometimes we have either a client or situation at work that makes you feel very stressful and sets the tone for the day? (I know we all have had those experiences at one time or the other)

Well, Mary’s phone calls could cure that! She would call to get an update on her case or just to update you on information, or just sometimes it seemed to just “talk” to someone.  I would tell her how her case was going and she would reply “Okay honey” in her small sweet voice several times in the conversation and then “Okay baby” thank you. 

She would always ask me how my day was going (I would think, just great now that I’ve talked to you) and I would say, good and you?  She would reply likewise.  Mary had a sweet and humble spirit, when she talked to me, I felt she truly cared about me, it was really sweet.  After hanging up the phone, no matter how bad my day was going prior to her call “I felt better about my day”.

Actually, I was just talking to some of  my co-workers last week about her, I told them that I wish Mary would call me every morning, just to set the tone for my day…and how much I loved that lady.

Mary’s case was in settlement negotiation and I thought to myself, that I would keep contact after settlement with this little lady, because she brought such sunshine to my day whenever we talked.

Mary called me last week to tell me she would be having surgery, I asked her for what? She said, “I don’t know baby” I haven’t been feeling well”.  I told her that with modern medicine now days that she would be okay and that I would call her afterwards to see how things went.

Mary died two days ago during her operation, they found ovarian cancer.

I am sad…, but Mary left an impression with me that I will always remember. She gave me the insight of how kindness, should be. 
I hope I can remember that …”To be like Mary”.

Lupe Grover

It was a hectic week getting ready for the film crew from LA who were here on Saturday.

There were last minute script changes, final interview questions and guest preparations.

This all began late last year when a production group out of LA approached us wanting to film several half hour shows on various legal issues. These shows will broadcast on network television.

“Insider Exclusive” and the host Steve Murphy have done legal shows on Gerry Spence, Geoffrey Fieger, Gloria Allred, the list goes on. Check out their web-site, it’s interesting.

Anyway, we picked the topics and supplied as much as possible in the way of story line, video, and photographs. They did the rest, professional editing, production and most importantly the professional interviewing by the show’s host.  No, we didn’t use our courtroom for this. Instead we picked the Gallery area on our first floor.

To say they were organized would be an understatement. The three camera set-up by the crew happened within minutes. They had top of the line LED lights with no heat to melt make-up. Another staff member, Cassandra, set up a make-up bar and wouldn’t let any guests shy away from her brushes. Of course, the guys joked it was the manly make-up brand she was using.

Steve Murphy had done his homework and really understood our point of view. These stories will help explain the stories and issues we find most compelling. It gives us a national platform for facts and information for the public to see and hear. 

The topics we chose were; Zyprexa, our involvement with the State of Utah in taking on Eli Lilly and getting $24MM for Utah

Slow Justice is No Justice, The Bob Betley Story, how the frustration with his insurance company’s poor treatment helped inspire Utah Senate Bill 62 which was passed this year. 

The Utah Meth Cops Project, police officers and first responders are exposed to toxic chemicals while on the job. Why we need to help these public servants get well by way of a special detoxification program.

Our guests were; Attorney General, Mark Shurtleff, Stu Smith, Chief of Investigations Division for Salt Lake County District Attorney, Sandra Lucas, Director of Utah Meth Cops/Heroes Project, Steve Urquhart, State Senator from Washington County and our good friends and golfers, Bob & Jane Betley.

Corner Bakery was kind enough to show up promptly at 7am with freshly baked muffins/ bagels and a wonderful platter of sliced fresh fruit. I would recommend them for your events.

I always like to include photos of the food at our events so take a look here and on our facebook page. Corner Bakery Cafe’s web-site is www.cornerbakerycafe.com

We’ll let you know when the shows air on Fox Network later this year. In the meantime, please check out their web-site at www.insiderexclusive.com

Ingredients:

4 chicken breasts

Romaine lettuce, iceberg lettuce, or other lettuce, chopped kale would work too.

Cilantro, Roasted sesame seeds,  2 Red bell peppers

1 bottle of Asian salad dressing (Nordstrom’s is very tasty, but $4.95 a bottle.)

1 package dried crunchy cooked noodles, 1 package sliced almonds 6oz.

Cook the boneless chicken breasts & then cut & slice to a good bite size. After the chicken is cut up, sprinkle generously with roasted sesame seeds. Cover & set aside.

Drain the large can of mandarin oranges. Set aside. (Allow time for them to dry a bit.)

1 bunch of cilantro sliced & diced small  (Remember, a little cilantro goes a long way-don’t let it over power other flavors)

Cut up the 2 Red bell peppers; I like to steam them in the microwave to soften skin & make them more digestible. Cut them in long, thin slices. Set aside. (Dry them out a bit, mushy textures never work.)

Cut up an entire package of romaine lettuce from Costco (four heads) Slice up 1 head of iceberg lettuce or kale to add color. Set aside.

Now is the fun part, let a small child help you find a very large salad bowl. Then add the diced chicken to the lettuce. Toss it together. Mix in the cilantro, the red peppers, add the crunchy noodles, the almonds & the mandarin oranges. Toss again.

Finally, add the dressing, you may want to use the whole bottle-but that is according to your taste.

You could also include a can of roasted peanuts, or add cucumbers or even a little sliced carrot to your salad.  (I felt the salad was enough work already.)

Enjoy you crunchy, tasty, healthy salad!

 Needless to say, I can’t really get any work done.

The dust on my keyboard demands attention. Not to mention the layer of fine dust covering everything on the third floor.

The sight of saggy, exposed pink insulation in a hallway greets me as I make my way to the staircase to another floor. There is escape from the dust but not the noise. Here are some pictures of the mess.  When this floor is completely remodeled, I’ll post new photos to show you. 

Until then, wish me luck.

The other driver was at fault. Bob was at a stop sign near his home when the accident happened. The female driver blacked out due to a medical condition. She admitted later that she shouldn’t have been driving…

She only had minimal coverage on her car; there was not enough insurance to cover vehicle damage, his injuries and the subsequent surgeries. There was also the matter of his loss of livelihood. He wanted to go back to golf, to return to the PGA tour but couldn’t.

So Bob looked to his own insurance company for help. He had been their faithful customer for many, many years without a claim. They had encouraged him years ago to have a good policy in place for uninsured and under insured car accidents. To protect him from this very thing they said could happen. That thing had happened, but he knew he had insurance to help him.

He felt certain he was covered by his policy. He was, except for the fact that his own insurance company stalled on resolving his claim. They wouldn’t return phone calls. They kept losing information and needing it resubmitted. This went on for a long time. Months passed by without a paycheck.

Bob kept getting the run around from his own insurance company and he knew he needed a lawyer. He hired Siegfried & Jensen. The lawyers here represented him and helped him through the legal system. They protected his rights. The legal system worked. His insurance company was compelled to do the right thing and settle his claim. Finally, he received financial compensation for his injuries.

Bob can’t golf as he once did. He use to practice and teach and enter tournaments. His other great passion, oil painting was also taken from him. He once painted western wildlife for hours at a time. Now, he can’t sit or stand for very long. He lives in pain.

No amount of money can take away the injuries he received, they’re permanent. But he finally received compensation from his insurance company for his injuries. Justice was served.              Here are some of his paintings included with this story.

If you would you like to see more of Mr. Betley’s wildlife paintings, they will be on display beginning Friday, June 4^th at the Ogden Blue Gallery on 25^th Street in Ogden, UT.   

For more information about this gallery and Bob Betley’s art show, please use this link:

http://www.ogdenblue.com/contactus/index.htm 

He’s been through a lot and we wish him well in all his endeavors.

His story inspired us to do more. The lawyers here resolved to help write legislation to address the very problem that Bob Betley and others encounter when dealing with what are called “First party claims”.

Senate Bill 62 was put before the 2010 Utah General Legislative Session.

To be brief, the law says that if you make a first party claim (yourself) to your own insurance company, they must provide a written response in a timely basis, reasonable basis.

The bill also states that the uninsured or underinsured claim must be paid immediately for the amount of the covered person’s demand, or the carrier’s response, the insured party can then litigate or arbitrate for the remaining amount of the claim… 

Please use this link for full information on SB62.

Senate Bill 62        http://www.le.state.ut.us/~2010/htmdoc/sbillhtm/SB0062.htm