St. Cloud Personal Injury Lawyer

Toby Keith: What Are You Talking About?

Mike Bryant — Thu, 05 Nov 2009 09:20:00 GMT

I've always been a big fan and own a couple of his albums. I think I've watched "Beer For My Horses" too many times probably. It's because I like listening, that I pay attention to the lines of his song. Which surprised me a little when he threw "Spill a cup of coffee, make a million dollars" into American Ride. I would guess a lot of people missed it or guess that they know what it is, but the reality is that it's so untrue it deserves a comment.

It's the McDonald's case. Yes, that great place that loves to sue others and mistreat employees. It's the case where so many tort reform lies sprung, but almost no one has ever seen the woman. The woman went to a McDonald's in New Mexico with her son . She was sitting in the car not driving as the story goes. when a 79-year-old woman went with her son
to a McDonald's drive-thru and ordered a cup of hot coffee. She was attempting
to remove the lid when the coffee spilled and was burned by a liquid that was 180-190 degrees Fahrenheit when served and that it was between 165 and 170 degrees Fahrenheit when it was spilled. The coffee you make at home is 135-140 degrees Fahrenheit. She suffered third degree burns to the woman's inner thighs and buttocks. She went to McDonald's and asked for her $10,000.00 in medical costs, including the cost for debridement and skin grafting. They said no.

A jury listened to all the evidence and found that the coffee was too hot and that McDonald's was well aware of that. But they also found the woman 20% at fault. The verdict was $200,000.00 in compensatory damages and $2,700,000.00 in punitive damages. Right off the bat the court by rule reduced the compensatory amount by her negligence of 20%. The judge also reduced the punitive damages to $480,000.00 . The case was then appealed and reduced again. Following this the case was settled with a nondisclosure agreement. Both the woman and her lawyer have been forced to remain silent while the story has gotten bigger and bigger with each telling.

It was later disclosed that the jury came up with their number by using the amount McDonald's made in coffee sales for a day. That they came into the case thinking this would be nothing and were surprised with the way McDonald's didn't seem to care and that they had over 800 similar incidents.

Why has McDonald's and other tort reformers continued to tell the one sided story? Well to get juries to make sure "that never happens again". To convince people that they need insurance, because it could happen to you. And to attack a good system of justice that allows ordinary people to get protection. The system worked as it should in this case, unfortunately people don't often know what really happened.

I'll continue to listen Toby, but you missed the mark on this one. Or at the very least you are helping big business continue to take the consumer on a ride.

Originally posted at InjuryBoard by Mike Bryant

Hunter Safety: Real Life Story Of Why It's Important

Mike Bryant — Wed, 04 Nov 2009 08:30:00 GMT

If you are going hunting spend a little time reading the story in this week Minneapolis Tribune. It is the story of a hunting death from twenty years before of Kim Van Tassel.

Mistaken for a deer by another hunter, perhaps after legal shooting hours, Kim had been riding his three-wheeler back to camp when shots rang out. One hit him under his right armpit.

It's the story of his wife and small children that were left behind to suffer from the loss:

"It's all still vivid in my mind," she says. "I still remember the phone call that night. And I remember removing all the guns from my house for many, many years. Brandon was too young to remember a lot about his dad. Janelle was older and she remembers more. But she didn't understand everything. I remember having to tell her that her dad wouldn't be coming back. She didn't quite understand."

For all hunters, the Injuryboard members have provided gun safety and hunting tips in the past. For each hunt, it's important that the supervising adult be vigilant concerning each young hunter, that every hunter be watch out for them self, for everyone to use their gun properly, and be safe.

Originally posted at InjuryBoard by Mike Bryant

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Guess What: The U S Chamber TV Ad Attack Really Did Need A Closer Look

Mike Bryant — Tue, 03 Nov 2009 15:27:00 GMT

Yesterday, I wrote about the U S Chamber's hypocritical attack on TV ads. What I didn't cover was a closer look at what was underlying the press release which went out to all of their conservative outlets. The numbers show that the US Chamber of Commerce study tracked spending on ads and actually shows that the spending has remained almost unchanged since 2006. There was a jump earlier in the decade. But get this, the number of spots have actually dropped since 2006.

So google these stories and you will find the implications that :

Oh my god lawyers are adding to the claims
Look lawyers know the gravy train is ending and are going all out
Look see this is the problem.

It's kind of funny how many of the "comments" actually say the exact same thing. But, the underlying support just isn't there. Yes, the study says the numbers are going down. So when do we hear that apology or maybe the turning of their growth theories on their head? Are the lower numbers actual proof that there is no problem?

The American Association for Justice, also pointed out that no matter the ad numbers the the National Center for State Courts shows an 8 percent decrease from 1997 to 2006 in states' civil caseload related to medical malpractice. "As usual, the Chamber is willing to bargain away injured patients' legal rights to protect the profits of their insurance and drug company financiers," Ray De Lorenzi, a spokesman for the association, said in a statement.

Originally posted at InjuryBoard by Mike Bryant

DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Joe Crumley — Tue, 03 Nov 2009 08:37:39 GMT

E-Bay officials pulled the auction of the infamous DWI La-Z-Boy, aparently after the LaZ-Boy company claimed a trademark violation.

Proctor police chief Walter Wobig got a fax Monday morning from a La-Z-Boy representative, and had what he called a "congenial" phone conversation later. He thought the issue was done, but later in the day noticed the auction had been pulled just 11 hours short of ending.

The Star Tribune reported:

The [LaZ-Boy] representative told the chief to just make sure the eventual buyer doesn't continue referring to it as a La-Z-Boy chair. "And good luck with the sale," he said, according to Wobig.

But all went afoul by nightfall when the chief noticed the chair auction was off the website. Earlier in the day, Wobig said he tried to e-mail and call the folks at eBay but said there was no way to do that.

All he can do now is repost the listing without the trademark name, begin the bidding at $500 once again and hope bidders will drive the price to former heights.

An autographed photo of the former owner, Dennis Anderson, sitting in his chair, fetched $710 on eBay. Anderson's family and friends said the money will be used to help pay legal fines and legal fees after he crashed his recliner into a parked car while driving drunk.

Wobig is a little tired of the whole thing:

Hoping that bidding will begin again today, Wobig said he'll end the auction after three days instead of the original five. He has fielded calls, letters and e-mails from some who love the auction idea and others who "want to string us up for taking the man's chair away."

"In the past four days I've done nothing but dealt with this thing," he said. "I can't go through that again."

The chair is agian up for auction, but the bids have not yet approached the $45,000 that was achieved on the first auction.

Originally posted at InjuryBoard by Joe Crumley

Now The U S Chamber Is Attacking TV Ads

Mike Bryant — Mon, 02 Nov 2009 09:23:00 GMT

What do you think that members of the US Chamber spend each year on TV? I would guess it's billions and billions looking at the annual TV advertising numbers. Well apparently, like the courthouses , they want the airways to only be for them.

Proof is the recent study they are touting, which shows that ads are up for medical malpractice in the country. So what? The claim is that it's creating more claims? If you define "creating" by informing people of their rights , then maybe. But, their implication is that these claims are simply made up or sprung from the lawyer's mind.

With the number of deaths that have been reported in American hospitals and the amount of people who come out sicker than they went in, it seems that more people need to know they have a claim. This is just a ridiculous example of how they love to bash lawyers.

But, lets get serious about their claim for a moment. How about a ban on all advertising? Or maybe a limit on the number of ads that anyone can run about anything? I bet their members might get a little concerned about that. I bet they would even say something about the First Amendment.

Originally posted at InjuryBoard by Mike Bryant

Another Motorcyclist Killed After Bike Leaves The Road

Mike Bryant — Sun, 01 Nov 2009 22:58:00 GMT

Seems like there have been a lot of single bike collisions with resulting deaths this year. The St Cloud Times had the story of another one today:

A Clearwater man died this afternoon when his motorcycle went off Minnesota Highway 24 north of Annandale.

Our sympathies go out to his family and friends. Hopefully, the investigation will uncover what happened and help with the prevention of more loses like this.

While the numbers for motor vehicle deaths has dropped over the past two years, deaths from motorcycles have tripled, from a record low of 24 in 1997 to recent high of 72 in 2008. That is the highest number of fatal crashes in past 24 years. So far this year is on pace to meet that number. The steady rise in motorcycle crashes has become a top concern of the U.S. Department of Transportation, said Secretary Mary Peters, who broke her collarbone a few years ago when she crashed her Harley-Davidson Road King at 40 mph.

To address the problem, the Transportation Department is developing national standards for entry-level riders and has launched an educational campaign on the importance of wearing helmets and other safety gear. Congress has also become involved, authorizing $2 million to study crash causes.

For every driver and rider it's important that the following be kept in mind:

1. Yield the right-of-way.

2. Start seeing motorcycles.

3. When on a motorcycle, make sure people see you.

4. When just starting to ride, make sure you have the correct training.

The road is big enough for everyone.

A recent Minneapolis Star Tribune editorial got a number of comments after it made the following suggestions to deal with the increase:

Increased training of new drivers.
More emphasis on sober riding.
The Increased use of safety equipment.
Drivers paying more attention on the roads.

The discussion about helmets dominated most of the responses. Clearly, this is one there may not ever be an agreement on, but as to the other suggestions, they really make a lot of sense. Every new driver needs to get the all important training that riding a motorcycle isn't like a bike or a car.

As an attorney who has represented a large number of riders, I've seen the devastation caused by car/bike collisions. As with any death in a Minnesota motor vehicle collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic.

Originally posted at InjuryBoard by Mike Bryant

St Paul Collision Sends Six To The Hospital

Mike Bryant — Sun, 01 Nov 2009 19:28:00 GMT

Saturday night, a intersection collision on Roberts Street, sent everyone involved to the Regions Hospital. A 1997 Chevrolet Cavalier pulled out of a shopping mall parking lot onto Robert Street and into the path of a northbound Mercury Mystique, which hit the Cavalier broadside on the driver's side. Investigation continues with involvement from Inver Grove Heights, Mendota Heights, South St. Paul and West St. Paul emergency units assisting.

Two people were thrown from the turning vehicle. Both were not wearing seat belts. They also were the most severely injured. Yet another reminder of the important of wearing a seatbelt from the minute you get into the vehicle.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Great Website For Information About Our Food

Mike Bryant — Sun, 01 Nov 2009 16:21:00 GMT

If you spend some time looking around the Injuryboard website, you will find hundreds of articles about various issues with food. The peanut butter salmonella issue was covered from a number of angles. If you look under the toxic substances tab, you will see the many different issues we specifically have looked at from the Minnesota perspective. Usually, there is death or serious illness involved with the stories.

But, today it is great to be looking at a great website that hopefully will help cut down on the need for future stories. Yet another example of what a difference an administration makes with the way the FDA is handled. We are seeing signs of actual action on food from overseas, forcing companies to pay for hurting people, and information that helps the consumer, instead of taking rights away.

The site has email alerts and an RSS feeder, which will make it easier for people to get information. Hopefully, more and more people will find the site and use it for vital health information.

If you suffer from food poisoning, you need to get immediate medical care. If it continues or there are long term affects, you should contact an attorney concerning the problem. Early investigation can include the collection of samples, checking for health alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Winter Driving: Can Standing Corn Make The Road Safer And Save Money?

Mike Bryant — Sun, 01 Nov 2009 08:26:00 GMT

Last winter, the Minnesota Department of Transportation started a project of planting living snow fences of shrubs and prairie grasses along I-94 between Freeport and Albany. The project involved the state working with local conservation groups and landowners at 64 sites over the 20 miles of planting. The idea was the result of a study that was started in 2001. They found that less salt and sand was used, there were no accidents, and that there was less blowing and drifting snow.

On average, Minnesota taxpayers spend about $100-million on annual snow removal, trying to keep the roads clear of snow drifts and ice patches to help prevent accidents. MnDOT is now looking at using standing corn. Corn has been used in other states going back to the 50's.

Minnesota farmers who are willing to leave about 16-rows of corn stalks standing throughout the winter can earn $1.50 per bushel more than the current corn prices. It is believed that the cornstalks serve as snow fences capable of capturing 12-thousand tons of snow over a quarter of a mile area.

This is the kind of road changes that save lives and hopefully in the long run will save money. It may end up being a plan for the whole state.

Originally posted at InjuryBoard by Mike Bryant