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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
are you still doing insurance defense work on top of the plaintiff work?
Tegg was always a pretty Plaintiff friendly defense lawyer.
Negative, probably about 75% PI work and then 25% with my own firm helping small businesses with liability waivers, simple contracts, all-purpose shit. Lots of navigating LLC world.
Recorded an insurance adjuster in a bad faith UM case admitting to a super shiesty evaluation of the case but the recording is so faint you can barely hear it , I screwed it up
Is MS a one-party consent state??
a lot of times we record it , then transcribe it, then attach that to the bad faith pleadings and briefing. Have this guy admitting that even after like 5 months of trying to get a decent offer in a UM case he's at $2000 in general damages on 8 months of treatment and that prior to last week they had reduced the meds to below the claimed meds due to "customary and reasonable" medical charges and that after I sent him a letter he determined that it is in fact BS to try to claim that . But he still thinks $2,000 in general damages is fair and reasonable.
I don't know if anyone else uses Speak Write but it's great for transcribing dictation. It's relatively cheap and has a fast turn around time. I also use the brain toss app a ton for reminders and tasks.
Does anyone practice in Iowa or Nebraska? I’ve got a question about a lawyer there.
Slip and fall case on a really shitty parking lot, pretty clear liability. File suit.
Client just informed us that immediately prior to the accident she and her husband were at a bar "for several hours with friends."
cool cool cool
Did they draw blood work at the hospital?
No. But she was responding to discovery about alcoholic drinks in the 12 hours prior and just informed us of this fact.
Is there an offer on the table?
The accident occurred right on the property line, so we sued both Defendants, they're pointing the finger at each other. Have a decent-to-below-average offer from one Defendant, nothing from the other.
Going to try and get client to accept that offer immediately.
Was it the bar’s parking lot? It’s foreseeable that people who have been drinking will walk into the bar’s parking lot. They should be even *more* careful.
No, like 5 miles away. So not only were they probably drunk, they drove from the bar to a convenience store to get ice to go fishing the next morning, then fell.
Did she fall because she was drunk?
So, uh, how are they going to prove she was drunk? Have you explained to the client that maybe they have their days mixed up?
No, she fell because the owner of the lot, who is unequivocally known, knew or should have known of an unreasonably dangerous condition of the premises, failed to warn of or repair said condition, thereby causing her injuries and damages.
i have one where my client was cited for a dwi on the police report. he was never actually charged, wildly, so obv not admissible. i'm guessing the adjusters will never get over that fact so it will end up in a trial.
They definitely can't, I guess. I'm still inflicted with defense lawyer brain and they're going to pound that fact.
Did she ever tell you how many beers she personally consumed during that time? You could just say, “Mrs. X consumed two beers within 24 hours of the incident, but was not impaired at the time it occurred.”
No, I just emailed her back asking for details. All she said was "we were at a bar with friends for a few hours before"
Does not seem admissible unless they can prove consumption + some level of impairment through other evidence which would be impossible at this point.
Edit: I'd start depo prepping the friends she was with.
Best argument is that if she was hammered the ER staff would have noted that she smelled of ETOH.
Make sure none of her friends posted photos and shit on social media. If they did, it needs to come down.
I’m dealing with a slip and fall right now where liability would be a slam dunk if not for the ETOH ems note
Thanks my dudes
Can't wait to hear how her deposition goes!
Gonna have to narrow down which "why" you're asking about.
What part of the maya case warranted that sum of money? Seems like a lot to a layman
The part where they separated a sick adolescent from her mother legally for months despite confirming that the treatment at question was recommended by an independent doctor, causing the child's mother to kill herself.
I'm not an attorney and most likely won't be able to help much assuming it's a PI or insurance defense guy, but I'm in Iowa and worked with/against a fair number of attorneys/firms in my time in tax controversy and HNW estate planning. Happy to take a shot if you don't have any better resources.
a mother killed herself because a hospital stole her baby.
the moment the morons let that get in front a jury, it was over
Disagree. That’s a great perjury trap. Just prepare them for it and own it. You’re not allowed to have hazardous conditions just because someone has been drinking.
“Our parking lot is only safe for sober people” is probably not the best defense.
Nug you should refer this drunk slip and fall to tegg. Seems like he’s champing at the bit for it
I'm the best looking TMB lawyer, so maybe we can slap my face all over the US and I can just be a referral lawyer to all you guys that actually practice
“I got housed all afternoon and then fell, it’s the ground’s fault” is similarly not great.
Correct. And make a corporate rep say that.
I’m not terribly fond of that route if you’re putting this in front of a jury but I’m a lowly WC guy.
Once I get a few more verdicts I’m going to write a book called “Earn Your F*cking Fee” that tells plaintiff’s lawyers how to handle disputed liability cases then charge them $300 for it and $3500 for my seminars.
Of course we have a duty of care. But not to everyone.
It's not illegal to walk around while intoxicated.
It's a good case because there's a huge lip that was paved over and very obviously neglected.
I'll keep everyone updated on this tittilating matter
I don't disagree with that thought process, but I'm all about earning as much as I can while working as little as I can. I'm in a pretty good spot in that regard, but notice myself getting more frustrated than I should when I actually have to lawyer.
Looks like I’m going to trial again on Monday. Hoping for a settlement tomorrow. Really don’t want to watch the UM v. FSU slaughter sober.
Walking drunk isn’t exercising reasonable care for your own safety, imo.
Eh, I don't think that argument will get much traction outside of like Utah or something.