Finney Injury Law - November 2023

Take a look at our November newsletter!

1600 S. BRENTWOOD BLVD., SUITE 220 • ST. LOUIS, MO 63144 // FINNEYINJURYLAW.COM // 314-293-4222 // NOVEMBER 2023

Back in the Courtroom WE HAVE 3 TRIALS COMING UP

We are back to trying cases. We had a solid summer and are now gearing up for three trials. By the time you get this, we will have either settled or tried two cases and the same for the third. I don’t know what will happen in either of those two cases, but they illustrate what we do and why we do it. The first is a case that is clear on liability. But the corporate defendant thinks they got lucky. They hit our client who didn’t have the opportunities I’ve had. Or that most of us have had. She’s been walked on, judged, laughed at, and beaten down her entire life. She’s made tougher decisions before age 20 than I will ever have to make in my entire life. And she has persevered. She’s never given up and worked hard for the last 20 years to make something of herself. She’s a strong person. But, like most of us, she’s also made mistakes in life. Because of that, the defense thinks she isn’t worthy. Their last offer was appalling. It was shameful. They would never make an offer that low to me or my friends or my family. They think they can get a discount on this one by maligning the plaintiff in front of the jury. And they will do it under the guise of “I am just doing my job.” I’ve never understood that. If your job makes you behave like a bad person, find a new one. On the other hand, it will give us a chance to try this case and prove their theory wrong. We could be wrong as well. They could be right. But I believe in human decency and understanding. No one is perfect. I’m not. No juror is. We should rue the day when we are forever judged by our darkest days. I am looking forward to sharing this story with the jurors. I believe they will understand that what happened to her is not her fault. That it was thrust into her life unnaturally and that no corporation is allowed to do that to anyone. And if they do cause this damage, they’ve got to repair it.

In the second case, most people would say the injury isn’t that big of a deal. Well, it isn’t a big deal until it happens to you. The injury for this client affects them daily, in almost every action. It is impossible to avoid and permanent, but they are getting by just fine. The company that caused it is out of business, and not because of this case. Their insurance carrier won’t pay a fair number even though the defense lawyer said our demand was reasonable. He then told me I was negotiating in bad faith. That was ironic because there is an entire body of law called “Bad Faith Litigation” that is solely against insurance companies. This client is incredible. I enjoy the discussions we have. I trust what he says, and the feeling is mutual. He is someone I like hanging around with. After this is over, I hope I’ll still engage with him. He is different from me, but not really. My belief is that deep down, we are very similar. When we strip it all away, only a few things matter to each of us. My goal is to show that in the trial. An injustice anywhere is an injustice everywhere. If we can fix one injustice, we can lessen the burden on our clients. Our clients come from all walks of life. People come from all over with so many different experiences, much of it out of their control. But there are things they can control, and that is what we will focus on as we prepare them for the trials.

I am looking forward to being in the courtroom again. It is a great place to be for lawyers. As always, I will let you know how we do.

Published by Newsletter Pro // www.newsletterpro.com

Edu-tainment Galore: Kids’ Shows That Shine

‘Wild Kratts’ If you have a child who loves animals, tune into “Wild Kratts.” This animated series stars real-life zoologist brothers who go on made-up adventures to save wildlife. They use scientific concepts to rescue various species and teach viewers about exotic animals along the way. The show is aimed at ages 5–8, but younger and older children often watch it, and many parents report being fans. ‘Trash Truck’ Six-year-old protagonist Hank and his best friend, Trash Truck, solve problems and help their friends in this Netflix cartoon aimed at toddlers and preschoolers. “Trash Truck” is a gentle show that promotes social-emotional learning, kindness, and curiosity without beating its viewers over the head with a lesson of the day. Many parents say they wish there were more shows like it!

‘Ms. Rachel’ This YouTube series is perfect for the infant to preschool audience. “Ms. Rachel” stars Rachel Griffin Accurso, a real-life preschool teacher who studies early childhood education. She began her show when her son experienced speech delays. Each episode includes lots of music and careful enunciation, and it’s often very slow-paced to encourage a response from young viewers. With millions of subscribers, it’s clear parents and children love her. If these shows don’t excite your kids’ imaginations or if you’re looking for more content, CommonSenseMedia. org is a great resource. Parents use the website to rate shows based on the appropriate age group, potentially offensive material, educational value, and more. Other than watching it yourself beforehand, it might be the best way to know whether or not a new show is appropriate.

No matter how much you and your kids might love “Bluey,” there are only so many episodes a parent can stand. But while children’s content is more available than ever, it can be challenging to find shows that positively influence your kids.

Parents have long criticized cartoons for their violence, and many

other problems surface upon a closer look. For example, some

popular shows make light of bullying

or encourage kids to disobey and disrespect their parents. Thankfully, the following wholesome, entertaining programs will captivate your children for all the right reasons.

THE HIDDEN DANGER OF LEFT TURNS

We’ve all been there: stuck at a traffic light waiting for an opportunity to turn left that seems like it will never come. Left turns are often frustrating and anxiety-inducing. But they’re also more dangerous than many people realize. Left-hand turns are responsible for 22% of all automobile accidents, and the Department of Transportation reports they’re the collision type most likely to be fatal. Left turns require a driver’s full attention. They usually involve crossing another lane with active, oncoming traffic. Drivers making a left-hand turn must attempt to calculate the speed of other vehicles while managing other concerns like being in a rush or drivers honking behind them. These turns also frequently require navigating blind spots caused by other cars. For an uncareful driver, they’re a recipe for disaster. In addition to having many opportunities to occur, left- turn accidents are also uniquely dangerous. Such collisions frequently happen because the turning driver underestimates the speed of the oncoming traffic. The turner is hit and impacted at a higher rate than expected. Since many left-turn collisions are “T-bone” accidents, a person in the passenger seat is at particular risk for injury or death — the sides of cars aren’t as reinforced as the front or back.

Generally, the driver making the left-hand turn is presumed negligent in an accident. There must be extenuating circumstances — like operating a vehicle under the influence of drugs or alcohol, not having a license, or running a red light — for the non-turning driver to be at fault. Remember, a driver traveling straight with a green light is never expected to slow for a left-turning vehicle; the person turning is responsible for safely crossing traffic. Patience is the key to safe left-hand turns — when in doubt, wait. Non-turning drivers can also reduce the risk of an accident by slowing down at yellow lights rather than speeding up.

If the negligence of a turning driver injures you, ensure you have experienced legal representation. Even when fault is clear, an insurance company may still try to pay out less than you are owed. The attorneys at Finney Injury Law would love to discuss your case in detail during a free consultation; call us today!

Published by Newsletter Pro // www.newsletterpro.com

then we were going up and down, then we were just flying off,” Johaven later told reporters. The family plunged down a 150- foot embankment, totaling the vehicle. While all four miraculously survived the fall, they were not yet out of danger. Johaven thought quickly and called 911, but he was concerned that first responders wouldn’t be able to find their car so far down the mountain. Johaven was determined to reach the top of the cliff to show emergency personnel where his family was. The car doors wouldn’t open, so he used a book to try to break the car’s rear window. When that didn’t work, he climbed over his mother and out of the broken driver’s side window. Then, he miraculously scaled the 150-foot cliff without equipment. Once Johaven reached the top, he flagged down a car and alerted first responders to the family’s precise location. “It would be hard for an adult to do it, let alone a child who had been through so much trauma,” said Department of Public Safety employee Michael Fink. Johaven’s actions were a lifesaver. The car was so hidden from the road that police noted it would have been almost impossible to find without the 8-year-old’s help. Johaven’s community wanted to honor his heroism, so they gifted him a trophy, a new bike, and a Tim Tebow football jersey. He reportedly loved the presents, but seeing his family make it home safely was the best gift.

Driving along a cliffside makes many people nervous, and the thought of accidentally sliding off the road can make your hair stand on end. Unfortunately, such crashes do happen, and they’re often fatal. But the bravery and quick thinking of one 8-year-old boy prevented his family from becoming another terrible statistic. It was a typical day in 2012 when Johaven Gonzales sat in the family car’s back seat next to his sister. His pregnant mother was driving, and his grandmother was in the passenger seat. As the car traveled on U.S. 60 near Globe, Arizona, Johaven’s mother lost control. “I remember I could feel the car tilting, The 8-Year-Old Who Rescued His Family From a Cliffside Crash

STUFFED PEPPER SOUP

YOUR REFERRALS MEAN THE WORLD TO US There is no greater compliment we can receive than a client telling a friend or loved one about us. If you know somebody who has been injured and needs an attorney who will fight on their behalf and give their case the attention it deserves, please pass along this newsletter and have them give us a call at 314-293-4222. Thank you for spreading the word about Finney Injury Law.

Inspired by TasteOfHome.com

INGREDIENTS

DIRECTIONS

1. In a Dutch oven over medium heat, cook beef until no longer pink, breaking it into crumbles; drain. Add beef back to the pot and stir in all ingredients except the cooked rice. Bring to a boil. 2. Reduce heat. Simmer uncovered until peppers are tender, about 30 minutes. 3. Add cooked rice and simmer,

• 2 lbs ground beef • 6 cups water

• 1 28-oz can tomato sauce • 1 28-oz can diced tomatoes, undrained • 2 cups chopped green peppers • 1/4 cup packed brown sugar • 2 tsp salt • 2 tsp beef bouillon granules • 1 tsp black pepper • 2 cups cooked long-grain rice • Chopped fresh parsley (optional)

uncovered, for about 10 minutes. If desired, sprinkle with chopped fresh parsley.

Practicing in Missouri and Illinois

1600 S. BRENTWOOD BLVD. SUITE 220 • ST. LOUIS, MO 63144

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FINNEYINJURYLAW.COM // 314-293-4222

INSIDE THIS ISSUE

1

3 Cases Take Us Back to the Courtroom

2

Family-Friendly TV Shows for Young Minds

2

Why Left Turns Are More Dangerous Than You Think

3

A Young Hero’s Clifftop Triumph!

3

Stuffed Pepper Soup

4

How Daylight Saving Time Arose From Scarcity

A Look Back at Daylight Saving Time’s Origins LET’S DO THE TIME WARP AGAIN

It’s that time of year again — we’re set to “fall back” with the end of daylight saving time on Nov. 5. As a result, we can enjoy an extra hour of sleep, but we must contend with darker evenings for months. Changing the clocks back and forth causes a fair amount of disruption in our lives, so why do we do it?

Today’s daylight saving time began in 1966 with the Universal Time Act. The law created uniform time zones across the country, which previously did not exist, while enacting a daylight saving policy. States did (and still do) have the ability to opt out of changing their clocks by sticking with standard time, but only Arizona and Hawaii have done so. Every time we change our clocks, the debate about whether daylight saving is outdated begins again. Though the practice may once have saved energy, experts now believe it’s no longer the case; savings from less artificial light are canceled out by increased air conditioning usage. But proponents of daylight saving argue it promotes an active lifestyle and invigorates the economy. Research shows people are likelier to get outdoors or shop after work if it’s light out. In 2022, the U.S. Senate unanimously passed a bill to make daylight saving permanent and year-round. However, an outcry from those who support standard time stalled the progress. For better or worse, we can expect to continue changing our clocks for some time.

Daylight saving began its life as “war time” in 1918. World War I made household coal scarce, so President Woodrow Wilson implemented the policy to save precious resources. Having additional daylight hours in the evening during warm months made people rely more heavily on natural light and helped ration resources. Policymakers believed war time achieved its goal, but the practice was unpopular and ended with the war. However, President Franklin D. Roosevelt revived the policy during World War II by creating a year-round daylight saving time. Again, war time ended when the war did, and clocks reverted to their previous state in 1945.

Practicing in Missouri and Illinois

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