Medlin Law Firm - March 2020

NOT SO FRIVOLOUS AFTER ALL

Every so often, a personal injury case makes national news, polarizing the nation as it unfolds. The media has a habit of sensationalizing these stories that may otherwise have been run- of-the-mill legal battles. The good news is that they can serve as important lessons about howwe view civil suits in this country. The Doctor’s Dog In a case that was likely only elevated due to the fame of the defendant, a skin care specialist named Janet Harris took Dr. Phil to court after his dog bit her. Based on that description of events, Harris’s initial suit for $7 million may seem outrageous, but let’s delve deeper. At the time of the bite, Dr. Phil and his wife urged Harris not to seek medical attention for fear of bad publicity. Being their friend, Harris obliged, only to sustain a serious infection from the wound that resulted in hearing loss and hand tremors, which made it impossible for her to treat her patients. Not only was Harris left with medical bills and permanent disabilities, but she was also out of a job. Suddenly, $7 million doesn’t seem all that unreasonable. Freshly Brewed Trouble In what is probably the most well-known personal injury case of all time, an 81-year-old woman took McDonald’s to court over a

spilled cup of coffee and was awarded over $2 million. Again, this seems like “the poster child of excessive lawsuits,” as ABC News called it at the time. Yet the truth is more complicated. Stella Liebeck, the woman involved, was hospitalized with third- degree burns that left her partially disabled for a number of years. Initially, Liebeck only sought to cover her medical expenses with a $20,000 settlement. McDonald’s replied with an insulting counter offer of just $800. That’s when Liebeck lawyered up. The punitive damages awarded to Liebeck represented just two days’ worth of McDonald’s coffee sales and would later be significantly reduced by a judge. Ultimately, the two parties settled out of court for less than $600,000. As these cases show, the threat of frivolous lawsuits has been greatly exaggerated. The next time you see an accident victim being derided in the media for seeking damages, take a closer look. Chances are that there are rich and powerful interests trying to protect their bottom line at the expense of a person whose life is changed forever.

Ratatouille

Brain Buster

Ingredients

1 large onion, halved and sliced 1/2-inch thick

1 eggplant, peeled and chopped

1 large zucchini, sliced into 1/4-inch-thick rounds

2 tsp salt

1 red bell pepper, chopped

3/4 cup olive oil, divided

2 garlic cloves, sliced

5 sprigs thyme

2 pints cherry tomatoes

Directions

and cook onion, pepper, garlic, and thyme for 8–10 minutes. 6. Add half the tomatoes and cook for 5 minutes. 7. Stir in original eggplant and zucchini mixture and top with remaining tomatoes. Do not stir. 8. Transfer pot to oven and bake mixture for 15–20 minutes. 9. Remove pot from oven and remove thyme bundle before serving.

1. Heat oven to 400 F. 2. In a colander, toss eggplant, zucchini, and salt. Let sit for 30 minutes and pat dry. 3. In an ovenproof pot, heat

1/2 cup olive oil. Add half of eggplant mixture, stirring constantly for 5 minutes. Remove vegetables from pot.

4. Tie thyme sprigs together with kitchen twine. 5. In the same pot, heat remaining 1/4 cup olive oil,

Inspired by Bon Appétit

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