Winston & Damman May 2019
On Your Side (810) 966-WINS (9467)
May 2019
The Ballad of Hannah My Daughter’s Journey From Field to Stage to College
F or the start of this quarter, our and rehearsal. Despite her packed schedule, we’re pretty sure she has loved every minute of it. Hannah’s been honing her singing, acting, and musical talents every day on top of going to school and preparing for the lead role in her school’s musical. As if there wasn’t enough on her plate as a senior in high school, Hannah is in the midst of making some big life decisions. This winter, Hannah and I traveled to Chicago so Hannah could audition for a variety of different musical theater colleges across the U.S. Hannah has been involved in music since she picked up the trumpet in fifth grade, but when she wanted to quit softball and focus on theater and music, her father and I were thrown for a loop. She’d always been talented in music, but it had never felt like her main focus. Since she turned her efforts toward musical pursuits, Hannah has had plenty of opportunities. She switched to playing the French horn in the band, taking over as section leader, and is leading the band as a drummajor. Hannah has continued her voice lessons, and in March, she starred as Millie in her school’s production of “Thoroughly Modern Millie.” eldest daughter Hannah has been immersed in musical theater lessons
We are very proud of Hannah and the way she’s taken on this artistic role and transformed it into a passion. This winter, she spent her days at school and her free time taking voice, monologue, and dance lessons, and she is eagerly devoted to making her way through a musical theater program at a college here in the U.S. This is an exciting and scary moment for me. My first baby will be moving out of the house and living halfway across the country in a matter of months. But I know she enjoys this pursuit, and as I’ve been told by friends, I have to let her do this. She will learn and grow on her own. We’ve seen the hard work Hannah has put into these auditions, and while we won’t find out if she has made it into a college until later this spring, we know that her fate could still solely rely on luck. My husband and I never had to experience this level of auditioning for our professions and majors. We also understand that despite her high skill level and practicing, Hannah could be denied entry simply because a judge might not like her. Sometimes you make the cut; other times, you don’t.
That’s the nature of the beast. A hard lesson we all had to learn — and still have to learn as adults — is to grow thick skin and understand we won’t be liked by everyone. Despite cutting her athletic career short, Hannah learned about resilience while playing sports. She knows that sometimes life happens. No matter what happens, we are proud of her. Hannah has chosen to make musical theater her life, and she’s proving her passion for it. We know she will find her way in this crazy competitive field, even if it means falling a few times. No matter what, we’ll always support her. No matter what the outcome, we are excited for the journey ahead and will always support her.
–Nicole Winston
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Useful Kitchen Utensils
Gone Awry
Butter Spreaders: One of the
We’ve all seen those commercials for kitchen utensils or items that claim to make our lives easier, while in fact, they do the exact opposite. Some of these products can be helpful for children or the elderly who might struggle with motor skills, but healthy adults can save a few bucks and some space in the utensils drawer by not purchasing these items. Pizza Cutting Shears: While it can be irritating to discover the pizza you ordered wasn’t cut through completely, there’s nothing wrong with using a regular pizza wheel to finish the job. The Pizza Cutting Shears may appear to save you time, but they ultimately take up so much space and are so clunky that you’re better off without them. Roll ‘n’ Pour: This plastic rocking device can help young children or the elderly pour themselves a glass of milk from a heavy gallon. However, there’s nothing wrong with able-bodied people using a bit of muscle to achieve the same. Chef’n Peel’n Onion Peeler: While far from taking the tears away, this onion peeler allows you to cut through an onion’s outer layers and peel away the skin. Instead of spending $15 on this cutter, use one of your kitchen knives to get the exact same result.
most commonly commercialized products is better butter spreaders. Whether it’s the
Fox Run Butter Spreader, One Click Stick Butter Cutter, or Butter Mill Butter Dispenser, using a butter knife is ultimately easier and won’t clog up your drawer space. Fruit and Veggie Slicers: Cutting spherical or cylinder-shaped foods may be difficult, but cleaning out the spaces between the thin blades of these slicers can be even harder. Save your time and cash by using a kitchen knife. Twirling Spaghetti Fork: A fork that twirls your spaghetti? You bet! While this might be a fun utensil for kids to use, it’s far from useful in everyday spaghetti eating. If the size of the fork doesn’t make it difficult to eat, the noise certainly will.
Thank You, Stella How the McDonald’s Coffee Lawsuit Paved the Way for Modern Personal Injury Cases
The McDonald’s coffee case has been parodied on TV shows from “Saturday Night Live” to “Seinfeld.” But rather than a frivolous lawsuit painted by marketing geniuses at the fast-food corporation, this 1992 lawsuit has become a cornerstone of modern law and an example of “fighting for the little guy.”
requiring its restaurants to serve coffee at a temperature from 180–190 degrees Fahrenheit — just a mere 30 degrees from boiling point. This heat causes third-degree burns within three seconds of skin contact. McDonald’s argued that its coffee would be cool enough to drink yet still warmwhen commuters made it to work. However, Liebeck’s attorneys discovered that McDonald’s had tangible research showing that wasn’t what consumers wanted. Additionally, reports also showed that McDonald’s knew their coffee was too hot, detailing 700 burn complaints. Ultimately, the jury found McDonald’s to be 80 percent at fault for Liebeck’s burns, and they were ordered to pay $200,000 in compensatory damages and $2.7 million in punitive damages. After appeals, the parties settled out of court for $600,000. The sums Liebeck received went toward her care prior to her death in August of 2004. The Verdict’s Effects Liebeck v. McDonald’s Restaurants proved corporations cannot get away with negligent practices and ignore customers’ complaints. Today, restaurant coffee is still served near a piping 190 degrees, but better packaging and labels have made for safer morning routines.
The Facts In February of 1992, Stella Liebeck, age 79, was sitting in the passenger seat of her grandson’s car after getting McDonald’s coffee from the drive-thru. Since the car did not have cup holders, she balanced the coffee cup between her legs to add sweetener. The coffee spilled all over her thighs, causing third-degree burns on her inner thighs and genitals. Ultimately, Liebeck was hospitalized for eight days and underwent skin grafting and two years of medical treatment, during which she was partially disabled. Initially, Liebeck only requested $20,000 fromMcDonald’s to cover her current and anticipated medical expenses. The multibillion-dollar company attempted to counter with a lower offer: $800. Liebeck sought the help of Texas attorney Reed Morgan, who sued McDonald’s for gross negligence. In August of 1994, Liebeck v. McDonald’s Restaurants hit NewMexico District Courts. Liebeck’s attorneys discovered that McDonald’s had been
We have Stella Liebeck to thank for that.
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Who’s to Blame?
How to Determine Fault in Common Personal Injury Cases
Personal injury cases run the risk of turning into “your word against mine” cases, but determining fault can go a long way toward deciding compensation. Though every case is different, there are multiple ways to discern who is responsible for an injury. Learn more below!
environment their outdated equipment or practices create. Determining fault in a workplace injury boils down to who neglected their duty to maintain a safe work environment. Security footage, witness statements, and medical examinations can go a long way.
Vehicle Accidents
Since Michigan is a no-fault state, all parties in an accident are entitled to receive proper compensation from their insurance companies, regardless of who’s to blame. However, there are some cases where one party desires more compensation, and this is where finding fault may be the most beneficial. A general rule to finding fault in motor vehicle accidents is to determine who was breaking the law, but it isn’t always so black and white. Accident-reconstruction experts are the best for determining clear fault.
Dog Bites
According to Michigan’s dog bite statute, the onus of proving fault is on the injured party. Those who are bitten by a dog and are seeking compensation from an owner must prove the dog bite caused an injury, they did not provoke the dog, and it was done in a public or private space where they were permitted to be. Only then will the owner be considered at fault for the dog bite. Dog owners can be held responsible for other injuries their dog inflicts on someone, too. Having a legal expert in your corner to help you get the compensation you deserve will only benefit you, especially when it comes to determining fault. Find out how Winston & Damman Attorneys & Counselors At Law can help you by calling (810) 966- 9467 or visiting WinstonDamman.com.
Workplace Injuries
One of our biggest flaws as humans is our ability to get complacent, and this issue can crop up with both employers and employees. Workers may become so skilled at their daily tasks that they cut corners, which could ultimately lead to injury. Employers may only notice what their workers are producing and not the dangerous
Classic French Omelet
INGREDIENTS
• 3 large eggs • Kosher salt and freshly ground pepper DIRECTIONS 1. In medium bowl, beat eggs with plastic fork until last traces of white are just mixed in. Season with salt and pepper. 2. In an 8-inch nonstick skillet, melt butter, swirling over medium heat until foamy but not browned. Add eggs, stirring rapidly with fork, while moving skillet to agitate eggs. Break up all curds by scraping bottom of skillet as they form. Stop stirring when eggs are softly scrambled and creamy (but loose enough to come together into a single mass), 1–2 minutes. 3. Using fork, gently spread egg in an even layer around skillet and scrape
• 1 tablespoon unsalted butter
down any wispy bits around the edges. The top surface should be loose and creamy, but if still liquid, swirl skillet to bring raw egg to the edge where it will set faster. 4. Remove from heat. Tilt skillet up by handle. Using fork, gently roll omelet down over itself until nearly folded in half. Using fork, push omelet to edge of skillet so that the lower edge of egg just begins to overhang. Use fork to fold overhanging edge of egg back over, closing omelet. 5. Turn omelet out onto plate. It should have the seam on bottom.
GARDEN BLOOMING DAY GEMINI MOTHER
MEMORIAL NIGHTINGALE SPRING CINCO MAYO
EMERALD MAY REMEMBER
Inspired by SeriousEats.com
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this edition INSIDE
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The Ballad of Hannah Pointless Kitchen Utensils The Lawsuit That Changed Civil Cases Finding Fault Classic French Omelet What Is the World’s Best Exercise?
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The World’s Best Exercise Not all exercises are created equal. In fact, there is one form of exercise that is better than many others: walking. Harvard Medical School took a look at various exercises and concluded that walking is up there with swimming and tai chi in terms of health benefits. time. Most experts agree that you need 30–60 minutes of physical activity per day, but the good news is that you can split those minutes up throughout
your day. For example, you can take a brisk 20-minute walk in the morning before work, followed by another one at lunch and one more after dinner. Those 60 minutes also don’t have to be strenuous; they just need to happen.
Regular walking can help maintain good cholesterol and blood pressure levels and keep your bones strong and healthy. One study showed that 40 minutes of walking every day helped people reduce blood pressure from hypertension to prehypertension, and then eventually to normal over several months. Walking can even keep many different kinds of diseases at bay, such as diabetes and heart disease. In addition to these physical benefits, walking daily can improve your mood and overall mental health. As simple and straightforward as walking is, it can be difficult for many people to find the
However, the more time you invest in walking, the more you will get out of it. If you slowly increase your distance and speed, you’ll end up burning more calories and strengthening your legs over time. The great thing about walking is that it’s not particularly taxing on the knees, and you can
move at your own pace. It doesn’t get any better than that! To get the most out of walking, schedule your walks for after mealtimes, especially the ones that come later in the day, like lunch and dinner. It’s a great way to aid digestion and burn calories — which can’t hurt your waistline!
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