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AUGUST 2022
Legally Brief With Kevin Patrick Automobile accidents | Daycare injuries | wrongful death
Life After a Car Crash — It Can Be Sweet! OUR CLIENT FINALLY FULFILLED HER FLOWER SHOP DREAM
A few weeks ago, I got a phone call out of the blue from one of my favorite former clients: the wonderful Jacque Talmadge. She was calling simply to say hello and check in. But while we chatted, Jacque gave me an update on her life that completely blew me away: Since I represented her in her 2020 car wreck case, she has finally fulfilled her lifelong dream of opening a flower shop! I couldn’t be more proud of her. Jacque’s story is truly inspiring. In the summer of 2020, she was working as an outreach minister and split her time between that calling and caring for her then 91-year-old mother. On July 30, 2020, Jacque was driving safely through the city when a teenage driver talking on a cellphone ran
Even though Jacque’s case went smoothly, her recovery and the pandemic forced her to put her dream of a flower shop on hold. But this year, she finally made that dream a reality! After her recovery, she took over a shop at 109 S. East St. in Greensboro that’s big enough to hold both her flower shop and her ministry. “The front side is my ministry and the back side is my florist business,” Jacque told me. “As
an outreach minister, I’ll be working in the community, predominantly with a younger crowd going in the wrong direction, and educating them on who God is.”
Jacque’s story as an entrepreneur is exceptional, but her car crash experience is all too common. The period between Memorial Day and Labor Day each year — when Jacque’s accident happened — is known as “the 100 Deadliest Days.” According to AAA, roughly seven Americans are killed every day in teen driver-related crashes during that period each year. As I write this, we’re still in the middle of the 100 Deadliest Days of 2022. If you’re planning a road trip (maybe to Greensboro to see Jacque?) or driving your kids back to school this month, please take extra care. I’d hate to see you hurt in a car wreck.
Jacque’s floral company — Royalty Florist and Decor — helps fund her ministry. She has more than 25 years of experience in floral
a red light. The driver’s vehicle slammed into Jacque’s beloved Honda, totaling it (when she only had one payment left!) and leaving her with painful back, leg, and pelvis injuries.
JACQUE’S STORY AS AN ENTREPRENEUR IS EXCEPTIONAL, BUT HER CAR CRASH EXPERIENCE IS ALL TOO COMMON.
design and imports flowers from all over the world for her clients. She creates bouquets customers can buy in store and beautiful arrangements for private events like weddings, birthdays, and holidays both in Greensboro and beyond. She regularly travels to Atlanta for work! (If you need a florist, I highly recommend visiting her website ( RoyaltyFlorists.com ) or giving her a call ( 706-229-1748 ).)
Fortunately, Jacque found my firm. My team and I worked hard on her behalf and managed to secure the full policy limit from the insurance company to compensate for her medical bills, pain, and suffering. The insurance company was very courteous and respectful and actually recognized the magnitude of her case.
This publication is for informational purposes only, and no legal advice is intended.
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BUT WHAT DOES ‘HEARSAY’ EVEN MEAN? Objection! That’s Hearsay!
Johnny Depp took Amber Heard to court and sued her for defamation of character because of her op-ed to The Washington Post, which cost Depp several brand deals and movie opportunities. Heard’s lawyer said that almost everything Depp said was hearsay during his testimony, but what is hearsay? The technical definition of “hearsay” is “an out-of-court statement admitted for the truth of the matter asserted.” In other words, it’s a statement that an individual says is something that another person said. For example, the sentence, “ My friend told me she saw the accused around lunchtime.” This is hearsay because you did not see that person with your own eyes.
Therefore, your friend would have to take the stand and give their testimony for it to be acknowledged and used in a trial. WHEN IS A STATEMENT CONSIDERED HEARSAY? Under the Federal Rules of Evidence, the judge will use a three-step process. A statement is classified as hearsay if: 1) it’s an asserted statement; 2) the declarant (the person you are referencing) is not in court; and 3) it’s offered to prove that a statement is true. The rules against hearsay are implemented so the person testifying can’t use a statement as a fact unless the person who allegedly made the comment to them can be brought to court to testify. Think of it this way: You will not be able to get to the truth
of an issue if you only spoke in “he said, she said” dialogue.
DOES IT ONLY COUNT AS HEARSAY WHEN YOU’RE MAKING A STATEMENT? No! If an attorney asks you a question while testifying, like “Can you read me what the text said?” the other side can object to hearsay. Evidence can also be qualified as hearsay, but there are some exceptions. Look at your state’s rules of evidence for a complete list of exceptions. There are many technicalities regarding hearsay, and it can be difficult to understand. Contact us if you have any questions or concerns about what qualifies as hearsay. We will be able to guide you through the process and help you build a strong case.
The court must hear from the person themself for it to be counted as evidence.
Sweating for a Fallen Soldier KEVIN COMPLETED ‘THE MURPH’!
Do you remember Lt. Michael P. Murphy? He was a U.S. Navy SEAL who died in combat in Afghanistan on June 28, 2005. He was also a hero! Michael gave his life to protect his team of fellow soldiers. They were surrounded by the Taliban, but he left cover and exposed himself to gunfire to contact Bagram Air Base for help. The enemy shot him, but still, he managed to make the call and fought long enough for one of his team members to escape. In 2007, he was posthumously awarded the Congressional Medal of Honor — the highest decoration the military can give. Kevin first heard Michael’s story years ago during CrossFit training. That day’s regimen included a workout called The Murph Challenge created in Michael’s honor. The Murph includes a 1-mile run,
100 pull-ups, 200 push- ups, 300 squats, and another 1-mile run — all done while wearing a 20-pound weighted vest or body armor. It’s a CrossFit tradition to complete The Murph on Memorial Day,
had the occasion to meet him, but I’m looking back at his life and legacy, and this is a way to honor his sacrifice.” This Memorial Day, Kevin took on The Murph Challenge again! His young son — also named
and the workout has become a movement. Athletes all over the country register for the challenge online, complete the workout for charity, and record their time in Michael’s memory. Kevin jumped on board. “It’s neat to see how one workout has inspired so many people to really honor a fallen soldier,” Kevin says. “I have a great deal of respect for Michael Murphy. I never
Michael — even joined in for the
last leg of the final mile run. For Kevin, The Murph was a way to salute Michael Murphy’s memory and protect his own health at the same time. To learn more about Michael Murphy and register for The Murph Challenge, visit TheMurphChallenge.com.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
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It’s Official: Kevin Is a ‘Super Lawyer’! What It Means to Be Named Among the Best
He finally made it: After six years as a Rising Star, Kevin Patrick has officially been named a Super Lawyer by Thomson Reuters! This designation is a big deal. As a Georgia Super Lawyer for the Personal Injury practice area, Kevin is considered one of the top attorneys in his field and a go-to person for
Law in 2008 and have grown and developed a lot since then. I still have a lot to learn, but I appreciate being recognized as a Super Lawyer for Personal Injury, especially after being a Rising Star! It’s really a testament to my wonderful mentors over the years and the fact that I genuinely enjoy the practice of law.”
legal advice. Only attorneys “who have attained a high degree of peer recognition and personal achievement” can become Super Lawyers. According to Thomson Reuters, “The patented selection process includes independent research, peer nominations, and peer evaluations.” Whew! This year, Kevin ran the gauntlet and officially achieved Super Lawyer status. He’s still celebrating months after the verdict.
For Kevin, being a Super Lawyer isn’t just about strong academics or even fantastic results in the courtroom — it’s also about “being a decent human being and helping others down the road.” That’s why he’s so excited for the advice-giving part of his new position. People from all over the country can reach him for help through SuperLawyers.com/ask. Of course, you don’t have to go through the trouble of visiting that Thomson Reuters website.
You have a direct line to your very own Super Lawyer! If you’re reading this newsletter and have a question for Kevin, just shoot him an email or call our office. He’s always ready to help.
“I’m not quite 40 and I’m a Super Lawyer — it’s crazy how fast the time goes!” he says. “I graduated from Mercer University School of
Tasty Bruschetta Chicken
Take A Break
Fresh tomatoes and basil abound in August, practically begging to become bruschetta! This recipe turns that appetizer into a main dish. Ingredients • 4 boneless and skinless chicken breasts, pounded to even thickness • 4 tbsp olive oil • 2 tbsp lemon juice, divided • 1/4 tsp pepper • 1 tsp Italian seasoning • 3 tomatoes, chopped • 2 cloves garlic, minced • 1 tbsp fresh basil, chopped • Salt and pepper, to taste • 4 slices mozzarella cheese • Parmesan cheese, grated Directions 1. Add chicken to a large resealable bag. 2. In a small bowl, combine olive oil, 1 tbsp lemon juice, pepper, and Italian seasoning. Pour over chicken and seal. Refrigerate for 30 minutes. 3. Turn a grill to medium-high heat and add the chicken. Discard the marinade. Grill chicken 5–7 minutes per side or until fully cooked. 4. Combine the remaining lemon juice, tomatoes, garlic, and basil. Add salt and pepper, to taste. 5. Before taking the chicken off the grill, top each breast with a slice of mozzarella cheese. Cover and cook 2–3 minutes, then serve topped with the tomato mixture and grated Parmesan cheese. 6. Serve over rice or with your favorite barbecue sides!
Solution
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Inside This Issue 1 Meet Jacque, One of Our Most Inspiring Clients 2 No More ‘He Said, She Said’! Kevin Tackles ‘The Murph’ 3 Kevin Is Officially a ‘Super Lawyer’!
Tasty Bruschetta Chicken
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4 The 50-Yard Challenge
Helping Bring People Together
One Lawn at a Time
Today, there is a divide between younger and older generations, but one man is trying to bridge that gap by encouraging boys and girls to give back to their community.
nationwide taking part in our challenge. We also have kids in eight other countries taking part as well,” Smith Jr. says.
This challenge teaches children the value of giving back to their communities, but it also encourages them to learn skills in lawn service — which not a lot of young adults know how to do. It also helps them interact with others who they wouldn’t typically talk with. “[Unity and interaction] is important in this day and age. A lot of elderly people are stuck at home, and they don’t get to have a lot of human interaction. So when kids come by, they can talk, get to know each other, and build relationships. They can learn things from each other,” Smith Jr. says. Are you and your kids up for the 50-yard challenge? Send a picture of your child holding a sign that says, “I Accept The 50 Yard Challenge” to WeAreRaisingMen.com/The-50-Yard-Challenge to join. If you’re looking for someone to tend to your yard, you can use the form on WeAreRaisingMen.com/Find-A-Mower to search for kids who are mowing lawns in your area.
In 2016, Rodney A. Smith Jr. saw an elderly man struggling to mow his lawn and decided to finish the job for him. It inspired him to start a movement for children aged 7–17 to give back to their communities by taking on the 50-yard challenge. Kids contribute by mowing lawns for single parents, veterans, seniors, and people who have disabilities. Once they reach their goal, kids will receive T-shirts, a brand-new mower, a weed eater, and a leaf blower. Smith Jr. will also come out to your community and help you with your lawn care services.
At first, the 50-yard challenge took place locally in Alabama. But in the last few years, kids across the U.S. have begun participating. “Right now, we have over 2,400 kids
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