Finney Injury Law - August 2020
1600 S. BRENTWOOD BLVD., SUITE 220 • ST. LOUIS, MO 63144 // FINNEYINJURYLAW.COM // 314-293-4222 // AUGUST 2020
UPDATES ON 2 CASES CONTRADICTORY EXPERIENCES IN THE SAME COURT
A couple of newsletters ago, I wrote about a verdict that did not go our way. I promised to keep you informed of what happened with that case and our battle to get the verdict rightfully reversed and a new trial. Today was my deadline to write the August column — this column — and as luck would have it, we received notice from the Court of Appeals on a different case, one I wrote about before as well. What struck me was the dichotomy of the experiences: one lady who was so wrongfully denied a proper verdict because of the conduct of an insurance company’s lawyer and one man who received validation of his rightful verdict from the Court of Appeals. How can two contradictory experiences exist in the same arena with all the same rules? So, let’s discuss what has happened. Our client from the April 2020 newsletter was recently denied a new trial by the trial judge. It was crushing. Not totally unexpected but crushing, nonetheless. The judge did not give any reasons to support the denial — and that is his right. He does not have to explain his decision in this instance. However, given the egregious conduct (the insurance lawyer referencing attorney-client privileged
communications between me and my client, a major violation of the rules), we hoped the court would see the light and give us another shot. He did not. That is okay. Our fight continues. We have filed our Notice of Appeal and asked that the Appellate Court hear our case and decide whether a new trial should occur. It is an uphill battle but a righteous one. We will continue the fight for her. We will not give up until we have exhausted every single legal option available. We have not done that yet. We have begun the briefing for the Court of Appeals and look forward to having an oral argument before them. As always, we will keep you posted. We feel strongly about our position but also recognize the uphill battle that comes when you are appealing a verdict rather than defending one. The second case was an affirmation from the Court of Appeals that another verdict we had was sound and free from error. We defended this verdict, as it was a very good one in our favor. The other side fought it bitterly. We received that news today in a unanimous opinion from the Court of Appeals. Essentially, it means they upheld the jury verdict in favor of our client.
acumen was on point throughout that case. I argued the case before the court (which was done via teleconference due to COVID-19), and my job was to basically not mess up the good work Alex did in my 15 minutes, the amount of time allotted for my oral argument. Fortunately, I did not. When Alex came to tell me the opinion had been handed down, I scrambled to my computer. I read it. I was elated. We high-fived. We were pumped. The feeling of true, pure justice is exhilarating. People around the office were wondering what was going on. I read the opinion over and over. Sweet, sweet victory. But how can that exist in the same system as the first case I discussed? Where is the equity? Where is the fairness? We assume the system is always fair. But it isn’t. It is just the best one we have. As a famous trial lawyer once said, “If the system were fair, our clients wouldn’t need us.” Isn’t that the truth? The fight for fairness continues
in this up and down legal world. Stay safe and stay healthy.
Alex did all the briefing and writing. It was a tremendous task and his legal
BACK TO SCHOOL MEANS GIVING BACK! 3 LOCAL EDUCATION NONPROFITS TO SUPPORT THIS SUMMER
Since schools across St. Louis shut down in March and kids changed over to online learning, we’ve gained a new appreciation for the importance of great schools and teachers. We always valued education here at Finney Injury Law, but this year, we’re going to double down on our support. As part of that mission, we’d like to share information about three local nonprofits that are doing incredible work educating kids in our city. If you have time or money to spare, please consider joining us and contributing to one or more of these worthy causes. THE L.I.F.E. FOUNDATION: BOOKS, SCHOLARSHIPS, AND REPRESENTATION Our friends at The L.I.F.E. Foundation believe that every child has the ability to change the world, and they work hard to see that possibility realized. L.I.F.E. stands for "leaders in furthering education," and the nonprofit does that in three big ways: by offering books and reading activity bags to kids in need, giving out scholarships to graduates in foster care, and bringing a traveling library full of multicultural books to children underrepresented in literature. Support them at LIFEFoundation-StL.org .
HOME WORKS!: BRINGING SCHOOL CLOSER TO HOME Sometimes parental engagement can be the missing link between a happy, successful student and an unmotivated or underperforming one. Home Works! gives teachers the resources and training they need to bridge that gap. Teachers with Home Works! visit the homes of their students to meet their families and get them more engaged in education. This strategy “improves students’ academic achievement, attendance, classroom behavior, and attitudes about school.” Find them at TeacherHomeVisit.org . MISSION: ST. LOUIS’ ‘BEYOND SCHOOL’ PROGRAM: KEEPING KIDS IN CLASS Beyond School is the educational branch of Mission: St. Louis, a nonprofit working to break the vicious cycles of poverty in our city. According to data from the Illinois State Board of Education and Missouri Department of Elementary and Secondary Education, more than 10% of kids in St. Louis high schools failed to graduate last year. Beyond School fights back against these statistics by helping under-resourced 3rd–8th graders “get back on track to graduate” with after-school learning. Learn more at MissionStL.org/BeyondSchool .
MAKE SURE YOU KNOW ABOUT PREMISES LIABILITY AS YOU VENTURE BACK OUT INTO THE WORLD
For the past few months, businesses around the country have cautiously begun to reopen their doors to the public. If you’ve started venturing out of your home and back to some of your favorite haunts, not only should you stay safe by social distancing and wearing a mask, but you should also remember some facts about premises liability law.
WHY SHOULD I HOLD AUTHORITIES OF PUBLIC SPACES RESPONSIBLE FOR MY INJURIES?
When someone is invited onto a property for commercial purposes, such as shopping or eating out, they are an invitee — a guest at that property. That invitation by commercial property owners is a promise that their property is safe. If an invitee ventures onto a commercial property and they injure themselves while acting in a way they could reasonably be expected to act, then their injury is the fault of the property owner. They were the ones who broke the promise.
WHAT IS PREMISES LIABILITY LAW?
Premises liability law is an area of law that deals with getting compensation for anyone who was injured on public property. People who own or supervise properties accessible to the public, which include stores, restaurants, bars, shopping malls, and more, are responsible for making sure their properties are safe for members of the public to visit and reasonably go about their business without getting injured. Common situations that are the subject of premises liability cases include slip-and-fall accidents, inadequate security, and inadequate maintenance.
WHAT SHOULD I DO IF I’M INJURED IN A PUBLIC SPACE?
If you’ve been injured in a slip-and-fall accident, been robbed, or been otherwise unjustly harmed in some way on public commercial property, after calling 911, make sure you get in touch with the premises liability attorneys at Finney Injury Law. We’ll conduct a thorough investigation of your case and ensure you receive just compensation.
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TURN HOUSEHOLD CHORES INTO EFFECTIVE EXERCISE YOUR ‘CLEAN’ WORKOUT ROUTINE
• Pick Up: Instead of simply bending over to pick up toys or clothes, do a squat with every item you grab. Remember to use your legs, not your back. You can also do squats while unloading the dishwasher or with any other chore that involves repeated bending.
Everyone knows how labor-intensive cleaning can be. A long day of scrubbing down your house is a great way to work your muscles and get your blood pumping, so crank up some tunes, grab a mop, and get ready to transform your cleaning routine into a great workout. To get physical benefits from cleaning, you need to turn up the intensity of your methods. Exaggerate your motions, pick up your pace, and keep your abs tight and knees flexed. Nearly any chore can be turned into an exercise, but here are some ideas to get you started. • Vacuum: Vacuum briskly nonstop for at least 20 minutes, switching arms as you go. For an added challenge, do lunges as you vacuum and remember to keep your toes pointed straight ahead and your knees bent at 90-degree angles.
• Wipe Down: Whether you’re
wiping windows or scrubbing appliances, do big, exaggerated arm circles until your muscles start to burn and make sure you’re switching arms as you go. • Cook: It’s not cleaning, but it’s still a chore with useful downtime. While food is simmering or thawing in the microwave, do some pushups, situps, or planks to get your muscles moving.
You can implement dozens of exercises to turn mundane activities into beneficial workouts. Some chores will burn more calories than others, but every bit of activity helps. Now’s the time to work your way to a cleaner house and a healthier you. 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.
PEACH AND ARUGULA PASTA SALAD
Inspired by AmbitiousKitchen.com
INGREDIENTS
• 8 oz penne or fusilli pasta • 2 tbsp olive oil • 1/4 tsp red pepper flakes • 1/2 tsp sea salt • Pepper, to taste • 2 tbsp lemon juice • 3/4 cup crumbled feta cheese
• 2 large fresh peaches, diced or sliced • 1/2 medium red onion, thinly sliced • 1 pint heirloom cherry tomatoes, halved • 1 cup corn • 6 cups arugula, packed
DIRECTIONS
1. In a large pot of boiling water, cook pasta for approximately 9 minutes or until al dente. Drain pasta and place in a separate bowl. 2. In a small bowl, whisk together olive oil, red pepper flakes, salt, pepper, and lemon juice. Drizzle the dressing over the pasta and toss with the feta cheese. 3. Add peaches, red onions, tomatoes, corn, and arugula to the pasta mixture. Lightly toss to mix well. Add more olive oil, lemon juice, salt, and pepper to taste.
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1600 S. BRENTWOOD BLVD. SUITE 220 • ST. LOUIS, MO 63144
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FINNEYINJURYLAW.COM // 314-293-4222
INSIDE THIS ISSUE
1
Contradictory Experiences in the Same Court
3 Local Education Nonprofits to Support This Summer 2 2 3 3 4 DON’T FORGET TO VOTE! FAQs About Premises Liability Exercise Your Way to a Clean Home Peach and Arugula Pasta Salad Don’t Forget to Vote!
Election day is Nov. 3, 2020 . It might feel far away right now, but the day will be here before you know it, and it’s so important for every single person to exercise their right to vote for the leaders of our country. Voting processes have looked a little different this year in light of COVID-19 and mandates for following proper health and safety guidelines, but there are still options for making sure your votes are counted. In Missouri, for all 2020 elections, any registered Missouri voter can apply for a mail-in ballot and vote by mail. Generally, Missouri mail-in ballot voters are required to submit a notarized statement with their ballot, but in certain instances, including for voters who have contracted or are at- risk of contracting COVID-19, a voter may cast a mail-in ballot without notarization. If you will be voting in person at your local polling place, please review the CDC’s recommendations for protecting yourself and your family by visiting CDC.gov .
your polling place, signing up for vote by mail, and receiving election reminders, visit Vote.org/state/missouri .
To learn more about all the candidates and measures on the ballot this year, visit ISideWith.com .
For general voting information, visit Vote.org. For Missouri voting information, including registering to vote, finding
Take all the right steps now so you’re ready to vote come Nov. 3!
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OUR OFFICE IS NOW PRACTICING IN BOTH MISSOURI AND ILLINOIS!
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