THE SHUTTLESWORTH SENTINEL
201 Vulcan Road, Suite 210 Birmingham, AL 35209 (205) 322-1411 ShuttlesworthLasseter.com
Personal Injury Product Liability Wrongful Death
Nursing Home Abuse/Neglect Assisted Living Abuse/Neglect
08 .2020
THE VICTORIOUS CASE AND THE MOUNTAIN-TOP VIEW Lessons About Legal Battles Via Mountain Climbing
Mountain climbing, in all its forms, has been near and dear to my heart for most of my life. I started rock climbing when I was in high school, steadily pushing myself to climb bigger and bigger walls, before moving on to outdoor rock climbing and even ice climbing. Every climb is a major accomplishment that takes perseverance, hard work, and a lot of planning — so much so that when you look up toward the top of the mountain or cliffside from the base, the climb can seem overwhelming and even impossible. When you’re facing a lawsuit against an extremely powerful multinational company, it can feel just like staring up at the peak of a mountain from the base. It feels insurmountable. Nevertheless, your case is as winnable as the mountain is climbable. You just have to know which steps to take. When you’re preparing to climb a mountain, you have to make a plan before you even get off the ground. That doesn’t mean you have to know every step of the climb right away, but you should have a rough idea of what you need to get to the top, and maybe a more detailed idea of the first phase of your climb. The same goes for planning your case. You have to make sure you have the right documents in hand and a support network behind you, including some expert legal help. When you’re just beginning, it can be overwhelming just trying to figure out where to begin. That’s why it’s important to have people helping you. No one climbs solo (except Alex “WHETHER WHILE MOUNTAIN CLIMBING OR PREPARING FOR A CHALLENGING LEGAL BATTLE, MAKING A PLAN AND DOING WHAT YOU CAN EVERY DAY TO ACCOMPLISH IT WILL ULTIMATELY LEAD YOU SOMEWHERE THAT PREVIOUSLY SEEMED IMPOSSIBLE.”
Honnold, but he’s an exception to the rule). You need belayers to guide you and catch you when you make mistakes.
Because the whole climb by itself is usually too daunting to take in all at once, you have to break it down into smaller pieces. You have to look for a pitch,
ledge, or crevasse that’s maybe 60–80 feet up and figure out how to get there. Once you reach that point, then you can make a detailed plan of the next part of your ascent. In your case, or in any other major undertaking in life, sometimes you need to step back and focus on what you can get done in a day without worrying about the rest. Make sure you make it through Step 1 before focusing on the steps ahead — they’ll still be waiting for you whenever you reach them. Just put one foot in front of the other, put one hand in front of the other, and do what you can right now. Whether while mountain climbing or preparing for a challenging legal battle, making a plan and doing what you can every day to accomplish it will ultimately lead you somewhere that previously seemed impossible. There will be failures and setbacks along the way, but that can’t stop us from persevering. The view from the top of the mountain is one of the best rewards for hard work, as is a legal victory you never thought possible.
–Perry Shuttlesworth
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DETERMINING FAULT IN A REAR-END COLLISION
THE BIG LEAGUES DO YOU HAVE WHAT IT TAKES TO BECOME A PROFESSIONAL BOWLER?
IT’S HARDER THAN YOU THINK!
You would think that it would be easy to determine fault in a rear-end collision. Why would the fault ever lie with the person who has been rear- ended? Well, you might be surprised to learn that there are several cases where the person who has been rear-ended is either partially or fully to blame for the accident. Here are a few examples. BROKEN BRAKE LIGHTS It goes without saying that brake lights are how we signal to other drivers on the road that we’re stopping or slowing down. When a vehicle or a trailer in tow has brake lights that aren’t functioning properly, and that vehicle gets rear-ended, some of the responsibility for the accident will rest with the driver of that vehicle. HITTING A VEHICLE WHILE DRIVING IN REVERSE Say a driver pulls too far forward at an intersection and needs to back up a little. If they don’t check their rearview mirror, and they fail to see a vehicle pulled up close behind them, that could result in a rear-end collision. In that case, you could make the argument that the fault of the accident lies almost solely with the driver who failed to check their surroundings before reversing.
Bowling is a fun activity for all ages, and the game has been providing good times since 5,000 B.C. in Egypt. In modern history, bowling has had its fair share of glory, but if you think you have the aptitude to join the ranks of professional bowlers, then consider what it takes to become the best of the best. JOIN THE PROS The Professional Bowlers Association (PBA) and the Professional Women’s Bowling Association (PWBA) are the premier leagues for professional 10-pin bowlers in the United States. Unlike the NFL or MLB, in which players are drafted onto teams before participating professionally, it’s fairly simple to join the PBA or PWBA. Members either pay an annual fee or have to meet certain requirements: scoring a 200 or higher at each tournament they’ve entered, bowling at least 36 games, or having an overall average of 190 or better. To participate in the PWBA, bowlers must have a scoring average of 190 or higher in any recognized United States Bowling Congress (USBC) league. PRACTICE, PRACTICE, PRACTICE You may see a professional bowler score 190 at a regional tournament and think, “I can do that.” That’s the beauty of bowling! Anyone can score high, but comparing your Wednesday night league average to a pro is like comparing the score from your pickup game of soccer to the scores at the World Cup. For starters, unlike what you’d find at any standard bowling alley, the lanes in a professional setting are oiled specifically to create a more difficult path for the ball, forcing the pros to toss mechanical-like throws. This takes time and dedication to perfect. FIND MONETARY SUPPORT Unlike many other professional sports, bowlers make very little money. The average bowler makes more than $40,000 annually, but they often have to provide their own funds for lodging, travel, and tournament entry fees. Some professional bowlers even have side gigs to supplement their income from the sport. However, many bowlers admit that it’s not about the money. Instead, it’s the friendly competition and the glorious sound of the pins that bring them back for more. Learn more about these professional leagues at PBA.com or PWBA. com if you’re interested in picking up bowling as a professional sport or just a hobby!
RECKLESS LANE CHANGING ON BUSY HIGHWAYS
While perhaps not as common as the first two possibilities, this isn’t unheard of. Sometimes, in a plot to get insurance money, a driver will pull right in front of another vehicle on a fast street and slam on the breaks, almost inevitably causing a rear-end collision. A similar scenario could also be the result of road rage or simply reckless driving. If a driver couldn’t reasonably brake in time to prevent the accident, the fault will most likely rest with the driver in front.
Even a personal injury case as seemingly straightforward as a rear-end collision can be full of
nuance. That’s why it’s best to have an experienced auto accident attorney review your case, and lay out your options. Call Perry Shuttlesworth today at (205) 322-1411.
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TO BE, OR NOT TO BE, A SELLER WHERE DOES AMAZON STAND IN PRODUCT LIABILITY CASES?
A few months ago, the U.S. Court of Appeals for the Third Circuit sent the case of Oberdorf v. Amazon.com, Inc. to the Pennsylvania Supreme Court in order to have them weigh in on whether the massive online retailer would be held responsible for a product liability case from 2015. Heather Oberdorf filed the case in question after she was partially blinded by a defective dog collar, which snapped free of her dog Sadie’s neck after Sadie rushed forward. The collar then flew back and hit Oberdorf in the face. She had purchased the collar on Amazon but was unable to identify the exact seller. So instead, she sued the online retailer. The fact that Oberdorf’s case has made it this far over the past five years is actually somewhat remarkable. According to court records reviewed by The Verge, Amazon has been involved in more than 60 federal product liability lawsuits in the past 10 years.
In every case until Oberdorf’s, Amazon has either successfully defended itself or settled with the plaintiff. The reason Amazon has been so successful with product liability cases in the past is because of its unique, self-proclaimed status as an online facilitator of sales from third parties. The Wall Street Journal found that these third-party sellers had over 4,000 defective products listed on Amazon. However, Amazon has claimed that they do not actually “sell” these items. By not defining itself as a “seller,” the company has thus far skirted liability when someone buys a defective product from them. This is beginning to change, however. On Amazon’s third-party sales platform, Amazon Marketplace, the company still has a heavy
hand in the sale and distribution of items, even if they’re not the initial seller. Product liability experts have likened Amazon’s hand in those sales to those of, say, Home Depot, who would by law be responsible for defective products, even if they’re not from a brand affiliated with Home Depot. As more and more product liability cases involving Amazon come to light, it will be interesting to see if the courts will begin changing their minds.
FACTOID STRANGE THE ETERNAL SUPERFOOD
TAKE A BREAK
Did you know that honey never spoils? Unlike almost any other foodstuff in existence, honey will keep for centuries — even millennia — and still be perfectly edible! One reason we know this is because we’ve actually found 3,000-year-old honey while excavating pyramids in Ancient Egypt that was still safe for human consumption.
The reasons for the eternal shelf life of honey lies in its chemical makeup. It includes components like hydrogen peroxide, and its acidity and lack of water help ensure that any honey ever harvested can be enjoyed for generations.
And you thought Twinkies lasted forever!
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201 Vulcan Road, Suite 210 Birmingham, AL 35209 (205) 322-1411 ShuttlesworthLasseter.com
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THIS ISSUE INSIDE
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The Victorious Case and the Mountain-Top View
Think You Can Be a Professional Bowler? Find Out!
Determining Fault in a Rear-End Collision
Amazon and Product Liability
Honey: The Eternal Superfood
Celebrate National Chefs Appreciation Week
NATIONAL CHEFS APPRECIATION WEEK CELEBRATES THOSE WHO BRING COMMUNITIES TOGETHER
HOW CAN I CELEBRATE? Now that many restaurants are opening back up for service at a limited capacity, it’s possible to dine in and further support the chefs who make the food you love. But, if you’re still not comfortable eating at a restaurant, there are plenty of other ways to celebrate. Continue having food delivered or picking up curbside from your favorite places. Whether dining in or carrying out, remember to tip well! You can also post about your favorite dishes on social media or leave a glowing review for your favorite eatery on Google or Yelp. The beauty of this holiday is that celebrating includes doing activities you probably already do, so it’s easy to participate. Chefs play a significant role in the evolution of culture, protection of tradition, and construction of community. Their food brings us together, fills our stomachs, and brightens our moods. We may not have fully recognized all they do for us until recently, but now that we have, we can truly celebrate Chefs Appreciation Week to the fullest.
Restaurants have had an especially tough time staying afloat during the pandemic. Most eateries had to discontinue dine-in service, and those that
couldn’t adapt to offering takeout or delivery may still be questioning whether they’ll ever be able to open their doors again. During the pandemic, it became clear to many of us just how important a role our favorite restaurants play in providing not just tasty chow, but also a sense of comfort and community. Celebrating National Chefs Appreciation Week is a great way to let the chefs who run those eateries know just how much they mean to us. WHAT IS IT? Since the holiday’s inception in 2013, it has most commonly occurred during the third week of August; this year, it’s August 16–22. Restaurants, patrons, and home cooks alike can show appreciation for the art and dedication chefs bring to their craft every day. Several restaurants across the country celebrate with special events and menus, and patrons flock to their favorite places for great food and company and to support the chefs who bring their communities together.
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