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AUGUST 2018
T his fall, Finn is starting his second year of preschool. His moving-up ceremony was in June, and it was a pretty emotional experience for my wife and me. Nicole and I can’t get over how crazy it is that our son is growing up so fast. It’s amazing to watch your child start a new school year. Sure, Finn is only in preschool now, but I am excited for all the awesome things he’s going to learn this coming year. I enjoyed school for the most part, which was a good thing, because being a lawyer meant I had to be in school for a long time. Fortunately, I had the pleasure of taking a number of really valuable, interesting classes over the years. You might be surprised to hear my favorite class had nothing to do with law. One of the best classes I ever took was Theology of Marriage at Santa Clara University. This is a Jesuit school in Silicon Valley, and students need to take three levels of religious courses, covering whatever religion or topic they’re interested in. I was 20 years old at the time, so marriage wasn’t seriously on my radar, but Theology of Marriage was an advanced-level class that I needed and I figured it might be interesting. It ended up being one of the most amazing classes I ever took. I look at marriage in a new light ever since I took that class, and I think that’s a good thing. It made me evaluate the marriages I saw around me and taught me things I try to keep in mind with regard to my own marriage. The three most important things I learned in that course were about selflessness, communication, and commitment. A lot of people say you have to be selfless in a marriage, and they’re right. In order to have a truly happy, beautiful marriage, both parties need to be willing to put the other person’s needs above their own. Additionally, no one is surprised to hear good marriages are built on good communication. A marriage is two very different people with different backgrounds coming together to try to create one family. This means spouses have to do more than talk; they have to try to understand what the other person is saying. REMEMBERING MY FAVORITE CLASS A LESSON IN MARRIAGE
When it comes to commitment, I don’t just mean a person needs to be committed to their spouse as a person, though they certainly do. Having a successful marriage means being committed to the idea of the relationship too. It’s not enough to just dip your toe in the water; you need to be willing to dive in with all your heart. Commitment can be the hardest thing in a marriage. It’s scary to give your whole self over to something, but when you have a partner who is willing to do the same thing, then you don’t have to worry about a thing. One of the most beautiful things about Nicole is how open she is to love and our relationship and our family. She didn’t need a theology of marriage class to teach her the importance of throwing herself into her marriage; that’s how she lives her whole life! Nicole is always teaching me something new about life and marriage, and I never cease to be amazed at how lucky I am to have such a wonderful person in my life. Not every class I took stuck with me like Theology of Marriage — don’t ask me anything about calculus — but there were courses that surprised me just as much. In a way, school can be a bit like marriage. When you go in with an open mind and you’re willing to take some risks, it can be really awesome.
Here’s to all the students and teachers starting a new school year. May you learn something that sticks with you your whole life. –Case Barnett
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CASE BARNETT LAW HAS THEIR SIGHTS ON BULLYING, NEGLIGENCE, AND PRODUCT DEFECTS
fewer people available to handle important responsibilities, like watching and caring for patients who are at risk for falls. For our client, there was only one outcome for this kind of negligence. We also have a case set for trial that revolves around a product defect in an ATV. Our client is a woman who was riding an ATV in the desert when, due to the defect, her foot was sucked into the wheel well. She lost
At our office, we deal with a wide variety of cases, from elder abuse cases to commercial trucking accidents. Each case demands a different approach, but no matter how different the circumstances seem, at the center of each case is someone who is hurting. At Case Barnett Law, our mission is to help people in pain get the justice they deserve. Here are three of the biggest cases we have on our plate in the next few months. One of our clients, a junior at a local high school, suffered from a traumatic brain injury after being bullied by a classmate. The injury occurred when the bully body-slammed our client head-first into the ground. As parents, this matter hits close to home. Child injury law is extremely important to us. We believe that our kids should be safe at school and that all parents should be able to trust schools to take the necessary precautions to protect students. Another case we currently have set for trial is an elder abuse matter. Our client experienced a terrible fall while living at a nursing facility, which
control and was ejected head-first after running into a dirt embankment. Her neck broke in the accident, and today she lives as a paraplegic. At the time of the accident, our client was 24 years old. Need more information about the challenges of these kinds of cases? We have a series of free special reports on our website. Get “Safe at School: The Duty to Protect Our Children in California Schools” at CaseBarnettLaw.com/ reports/safe-at-school.cfm and “The California Survival Guide to Finding a Nursing Home for Your Loved One” at CaseBarnettLaw.com/reports/ finding-a-nursing-home-for-your-loved-one.cfm . Just enter your name and email address to gain access to an instant download of each report. Each case we take is an opportunity to help someone. If you have a case similar to any of these that you aren’t able to handle in your office, please don’t hesitate to give us a call at 949-565-4886. When clients come to us in pain and without hope for the future, we try to do everything in our power to help them.
resulted in a brain injury. Although the facility knew she was at risk for falls, they failed to provide adequate support and care. Often, facilities make poor administrative decisions in an attempt to save money. They do this by hiring fewer staff members, even though that means there are
SUCCESS STORIES “Case Barnett Law represented me on a lawsuit against Kindred Hospital for wrongful death, medical malpractice, and elder abuse. At all times, Case and his staff were professional, responsive, and most of all, compassionate. was very sympathetic, and he and his team worked so hard through every appeal and stalling tactic the defendant threw at us. I would recommend Case to anyone who has grounds for bringing a civil suit.” –Linda H.
“Case explained the process to me every step of the way. He gave me advice but respected and valued my opinion. He was kind and sympathetic. I’m grateful to Case Barnett Law for their excellent legal representation during a very difficult time. “If you are looking for a lawyer who will fight for you and for the right outcome, Case is the one.” –Sara A. “My family is very pleased with the outcome reached by Case Barnett in our suit against a national hospital organization. Case
This publication is intended to educate the general public about personal injury and elder abuse. It is not intended to be legal advice. Every case is different.
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‘Frivolous’ Lawsuits the Media Got Wrong MORE TO THE STORY
brought to court where Liebeck was award $640,000 and the restaurant was instructed to turn down the temperature.
The media likes to claim Americans are “sue happy.” People will call a lawyer if their coffee is too hot, they claim. The truth is, while there are some baseless lawsuits, those usually get dismissed early on. And when a so-called “frivolous case” gets national attention, there’s a chance we aren’t seeing the whole story. A LAWSUIT AND A SIDE OF FRIES Stop us if you’ve heard this one: A woman orders a cup of coffee at a McDonald’s drive-thru window. As she drives away, she spills the coffee on herself and decides to sue because the coffee was just too hot!
WHY YOU NEED INSURANCE In 2002, the small town of Reed Springs, Missouri, filed for bankruptcy after losing a personal injury lawsuit. Sally Stewart was walking down the sidewalk when she tripped in a pothole buried beneath a patch of grass. She injured her ankle and had to get surgery. Stewart initially sued nearby shop owners to help cover the medical bills, but the court determined care of the sidewalk was the responsibility of the city. A few years later, Reed Springs was writing Stewart a check for $100,000. Later reports framed Stewart as a greedy, careless woman who put a sweet town in jeopardy. The truth is, under normal circumstances, the city’s insurance would have covered the lawsuit and Reed Springs would have been fine. Unfortunately, the city’s then-mayor, Joe Dan Dwyer, had let the city’s insurance lapse. This “oversight” might have been part of a greater scheme, as Dwyer was also under indictment for insurance fraud, statutory rape, and perjury. These are just a few examples of cases that deserve a second look. We’re not saying there aren’t wasteful lawsuits out there, but you would be surprised how many cases that seem ridiculous have a lot more going on beneath the surface.
This infamous McDonald’s hot coffee case is the best-known example of a frivolous lawsuit — and the best example of the media getting it wrong. The woman in question, Stella Liebeck, was in the passenger seat of her grandson’s parked car when the coffee spilled.
Because McDonald’s served their coffee at 190 degrees Fahrenheit, Liebeck suffered severe third- degree burns over 6 percent of her body. She did sue, but wanted to settle for $20,000 to help pay for the skin grafts she needed. When McDonald’s refused, the case was
SEARCH Word
Summer Grilled Halibut
If you’re tired of grilling hamburgers at this point in the summer, try using your grill for something a little different. This easy halibut recipe is a great change of pace.
Ingredients •
• • • •
2 pounds mixed tomatoes, sliced 1/2 cup hearts of palm, drained
4 bo eless, skinless halibut fillets, about 5 ounces each 1/4 cup olive oil, plus extra for drizzling
• •
Basil leaves, for garnish
1 lemon
Kosher salt and black pepper, to taste
Directions 1. Lightly oil grill grates and heat grill to medium. 2. Grate 1 teaspoon lemon zest onto halibut fillets. Drizzle with olive oil and season with salt and pepper. 3. Grill halibut, turning just once, for about 5 minutes on each side. 4. In a mixing bowl, combine tomatoes, hearts of palm, juice from lemon, and oil. Season with salt and pepper. 5. Garnish salad with basil. Spoon salad over grilled halibut. Serve.
Par Birdie Driver Green Stroke HoleInOne
PGA Caddie
Swing Putter GolfCart DrivingRange
Inspired by Bon Appetit magazine
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245 Fischer Avenue, Suite B4 Costa Mesa, CA 92626
INSIDE THIS ISSUE: Page 1 What’s the Best Class You Ever Took?
Page 2 Cases to Keep an Eye On
Hear From Our Clients
Page 3 Have You Heard About These ‘Frivolous’ Cases?
Summer Grilled Halibut
Word Search
Page 4 Keep Your Kids Safe on the Way to School
TRANSPORTATION SAFETY TIPS P R O T E C T Y O U R C H I L D R E N D U R I N G T H E I R C O M M U T E
Young Pedestrians on the Road
With the school year fast approaching, families are in preparation mode. Parents are busy buying new clothes and school supplies and thinking about the best way to get their kids safely to school. Keeping your child safe on their commute starts with knowing the transportation method that works best for you and the rules that accompany that method. According to the United States Department of Transportation, the school bus is the safest means of transportation to and from school. Buses are built to withstand a hit and distribute the damage throughout the vehicle, keeping its passengers safe and sound. Knowing basic bus safety will help kids be mindful when taking the bus. Before the school year starts, take your children to the bus stop and show them where they should stand when the bus approaches — a minimum of three large steps or 6 feet from the street. Tell your kids about the importance of sitting still and not standing in the bus while it’s in motion. Taking the School Bus
Whether your child is biking, walking, or even skateboarding, it’s vital that they know and follow the rules of the road. All children should practice road safety behavior, such as riding on the right side of the road, wearing helmets, stopping at stop signs, and watching out for cars. Internalizing these habits will help them stay aware of their surroundings when traveling to and from school. When school starts, the roads become even more cluttered than usual. On top of people heading to work, there are large buses making frequent stops, parents rushing to drop their kids off, and young kids biking or walking to school. With the added tension on the road, it’s important to be alert and move cautiously. Slowing down in school zones or around young pedestrians will keep you vigilant and could potentially save lives. Teach your kids to be prepared and safe on the road to ensure that they have a healthy and safe school year. Sharing the Road
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