Finney Injury Law - June 2019

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1600 S. BRENTWOOD BLVD., SUITE 220 • ST. LOUIS, MO 63144 // FINNEYINJURYLAW.COM // 314-293-4222 // JUNE 2019

WHAT GOOD WILL THE MONEY DO?

I n the context of a jury trial, I hear this question frequently. Often asked by jurors during jury selection, it is always on someone’s mind, and it’s a fair inquiry. In all honesty, I still struggle with this question in order to give an honest and straightforward answer. Hopefully, I can do a decent job in this month’s column. So, what good will the money do for the injured victim? Sure, it will get the victim the care he or she needs and relieve some stress for them. But, really, what will it do for the chronically injured person? The one who suffers every day. The one who really doesn’t have a medical cure for their ailments. The one whose back is compromised. The one who cannot take three months off to recoup from a shoulder procedure. The one whose brain is permanently altered. How will a lump sum of cash help them? For starters, getting financial compensation is what the law says we do. There is no way to go back in time and prevent the pain the negligent harm-doer caused or make it magically go away. We do not live in an eye-for- an-eye world. The founders decided money would settle our differences, and we would settle disputes in a civil manner. See the Seventh Amendment; we have civil law. In our world, money has value. It may be the next most valuable item after your health, but some people are not comfortable with this idea. As a result, they may not be suited for jury service.

Others have little trouble appraising the value of a person’s damages. It all depends on the type of person. But the truth is if all we are looking for is money in our trials, we are destined to lose. The pursuit to obtain a fair and reasonable sum for your client is honorable. But there is still a verdict that comes with the money, a finding by the jury that one party was negligent and committed a preventable wrong which harmed another. There is still a verdict that says to the wrongdoer, “The community is holding you responsible,” a public safety announcement that says human beings will be honored for who they are and what they are capable of. Each person’s losses and damages will be evaluated uniquely, originally, and in a way that honors their life and experiences. No formula will be standardized to set damages because we all have different life experiences. We are all unique and should be treated that way. This validation, this recognition of the human being’s worth, is what the

money verdict represents. The money is not just a lump cash payment. If the trial is true and the harm is real, the money will be much more than just currency. It will be a reflection of what and who the community values. The money is a statement by the jury of what our communities care about. If the money is just for medical bills, what does that say about us? But, if the money is to show someone that they are an asset to this community, and the victim’s loss is a loss we all feel, the jury appraisal shows we recognize that. What does that say about us? A money verdict is much more than just dollars and cents. A money verdict is a public statement about what we value in our communities. It is the last place the people can fully and truly

have their voices heard. We should keep it that way.

ENJOY YOUR FAMILY TIME BY TAKING A BREAK FROM YOUR PHONE

Setting some time aside to be with family is important, but it can be difficult when everyone is always on their cellphones. Constant cellphone use has become a global problem, and the habit is hard to break because we rely on mobile devices heavily for work, school, and keeping in contact with friends and family. Luckily, there are plenty of apps that can reduce how often you’re on your phone and minimize distractions. SIEMPO After you install Siempo on your phone, it will ask which apps are likely to distract you. Once you select them, the app will move those apps away from the home screen and place the important ones, such as the messaging, contacts, email, and calendar apps, on the first screen. You can also designate

times for specific apps to be used throughout the day. STAY FOCUSED Stay Focused is like Siempo, but there are some significant differences. You can set times to access certain apps and put the most distracting ones on lock. Stay Focused also has a “strict mode” that prevents you from uninstalling it, so be sure to think carefully before activating the lockdown because you won’t have access to those specific apps until the timer runs out. FOREST In the time that Forest takes control of your device for a set time limit, the app starts growing a tree. Once the tree is fully grown, your time is up, and it joins the other trees that were grown during other breaks. If you pick up your phone

and try to access an app, Forest will send you a notification asking you if you want to kill your baby tree by giving up. Who says guilt isn’t a good motivator? BESIDES APPS Aside from using these apps, silencing your phone and putting it in another room, leaving it in your car if you’re out at dinner, or keeping it in your purse or back pocket during a social event can also reduce your screen time. Having your phone out of sight and out of reach will keep the temptation of pulling it out at bay. Spending time with your family is crucial, and with these apps and tips, you’ll enjoy each other’s company without too many screen distractions.

SAFETY TIPS FOR SUMMER DRIVING HOW TO DEAL WITH CRAZY CONSTRUCTION

It seems like there is always some form of road work happening in and around St. Louis, and that’s especially true during the summer. At this point, hoping for clear, well- paved, and orange cone-free roads is a fool’s errand. There’s no telling when these Missouri Department of Transportation (MDOT) projects will be completed, but if you’re somebody who likes to place a bet, you’d be wise to put your money on later rather than sooner. In the meantime, it’s best to take extra precautions to ensure you don’t end up suffering an accident. Follow these tips for safe driving in construction conditions. CHECK THE ROUTE Frustration behind the wheel is a major cause of rash, dangerous decision-making. And nothing can lead to more frustration than running into a construction zone unexpectedly. With today’s digital mapping tools, you can check for construction before you leave your house. Plan a route that allows you to avoid as much construction as possible. SLOW DOWN Every construction area should have reduced speed limits posted well in advance of any roadside work. Even if they don’t, you should drop your speed whenever there is

a disturbance in the roadway. Normal speed limits are designed for ideal conditions. Dug-up roads and tightened lanes are far from ideal. WATCH THE ROAD Rocks, dirt, and debris tend to be present during road work. While they should be carefully removed from where people are driving, that doesn’t always happen. Be mindful of potential hazards on the road; they can appear at a moment’s notice. AVOID CERTAIN VEHICLES While our vehicles experience decreased performance in a construction zone, motorcycles and bicycles are even more susceptible to construction zone hazards. These modes of transportation are inherently less stable than passenger cars, so it’s probably best to avoid taking them through heavy construction. UNDERSTAND YOUR RIGHTS If MDOT fails to properly mark construction zones, you may be eligible for compensation in the event of an injury. If you’ve been injured in an accident, whether in a construction zone or not, call our office to speak with an experienced auto accident attorney.

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LET’S HOPE THERE’S A COURTROOM IN THE AFTERLIFE LAWSUITS FROM BEYOND

We pride ourselves on being a country where everyone receives a fair trial. And while that’s not always the case, even the craziest claims still have to be heard in some capacity by a court of law. As you can imagine, this can result in plenty of spooky high jinks in the courtroom. Let’s take a look at some of the more baffling court cases in recent memory. DEAD MAN TALKING In something straight out of a Coen brothers movie, a New York man had to sue The New York Times on three separate occasions to get them to stop reporting that he was dead. In all fairness, it seemed like an honest mistake prolonged by the ineptitude of his public counsel and a whole lot of terrible coincidences all rolled into one. Juan Antonio Arias just so happened to share the same first and last name as one “Juan Arias” who had met his untimely demise. After it was reported in a Times article, the living Arias accidentally had his own date of birth and Social Security number added to the death certificate of his now deceased namesake in a terrible mix-up from the coroner. As a result,

he sued on three occasions after his lawyer missed certain deadlines to turn in proper documents. Thankfully, the issue was resolved, but not before he had his credit cards and Medicaid revoked after appearing to be dead. SOLEMNLY SPOOKED An unnamed New York resident — just what on earth is going on in New York? — claimed that the house they’d recently purchased was horribly and cripplingly haunted by unseen forces. The poltergeist was said to disrupt their daily activity, and the plaintiff was suing on the grounds that the home was notorious in the area for being haunted and had a reputation as such, therefore it should have been disclosed to the buyer before closing. They won. That’s right; the court ruled that the seller misled the plaintiff and should have disclosed the nature of this potentially harmful house. Shockingly enough, this type of thing is required to be disclosed when selling a house in New York. Well, at least a buyer will have peace of mind knowing that they got a sweet new pad and a ghoul for pennies on the dollar.

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.

GRILLED BEEF RIBS

Inspired by Saveur magazine

• 1 5-lb. rack of beef ribs • Kosher salt and black pepper, to taste INGREDIENTS

DIRECTIONS

1. Heat a charcoal, wood-burning, or gas grill to medium-high. Once heated, move heat source to one side or turn off half of the burners to create an indirect heat zone. 2. Season ribs with salt and pepper and char on the hotter side of the grill, turning occasionally, for 12–15 minutes. Once charred, transfer to the other side of grill and cook until the thickest part of the rib reaches 130 F, about 2 1/2–3 hours. 3. Let meat rest for 15 minutes. If desired, serve alongside grilled veggies.

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INSIDE THIS ISSUE

1

What Good Will the Money Do?

2 2 3 3 4

Take a Break From Your Smartphone

The Dangers of Constant Road Maintenance

Crazy Lawsuits Surrounding the Dearly Departed

Grilled Beef Ribs

A Unique Slice of Local Culinary History

A TRULY REGIONAL SLICE THE HISTORY OF ST. LOUIS-STYLE PIZZA

W hile it may not invoke the same prestige as its New York or Chicago-

which is a matter of some contention. Typically, the preferred cheese is Provel, a Frankensteined mixture of cheddar, Swiss, and provolone. While this cheese is most closely associated with St. Louis-style pizza, many contemporary pizzerias have jettisoned it due to its heavy processing. Instead, they create fresh blends of the three cheeses for themselves. Don’t worry Provel purists, you can still find it at plenty of eateries. Given how ubiquitous pizza is in American life, it’s easy to forget that it’s a relatively new culinary phenomenon. Lombardi’s, America’s first pizzeria, opened in 1905 in New York. In the ensuing decades, it spread slowly around the Northeast. During World War II, many GIs stationed in Italy discovered the food and brought cravings for it back home. That’s exactly what led Amedeo Fiore to open St. Louis’ first pizzeria in 1945. The St. Louis-style pizza would be codified about two decades later at Imo’s Pizza. Opened in 1964, and later expanding to dozens of locations, Imo’s is the place that put St. Louis-style pizza on the map. Whether you love this unique take on pizza or loathe it, you have to appreciate how uniquely St. Louis it is.

based cousins, there is no denying St. Louis-style pizza bears all the hallmarks of a regional delicacy. It was created right here and has become a part of the city’s fabric, much like toasted ravioli, pork steaks, and sauce-slathered barbecue. You can find it all over the St. Louis metro area — and nearly nowhere else. So what exactly makes a pie St. Louis-style, and how did it come to be so intertwined with the city’s identity? The three basic components of a pizza tend to be the same whether you’re in Naples, Manhattan, or on Mars: sauce, crust, and cheese. In St. Louis, each of these gets its own unique twist. The crust is thin and crispy, often described as “cracker-like.” The sauce is tomato-based, as per tradition, but it is so heavily spiked with oregano that the herb nearly steals the spotlight from the fruit. Finally, there's the cheese,

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