JUNE 2012

To George M., Todd G., Jena B. and Michael D. for yourkind referrals last month. We really appreciate it!!

You Be The Judge – Criminal Law

OK. If a person is in prison for a crime, is isolated from the general population and askedquestions for 7 hours in a separate room inside the prison, do the police have to give him his Miranda rights before questioning him?
Answer: NO, according to a recent U.S. Supreme Court decision. Why?Three reasons. First, the prisoner was told he could leave the room when he wanted. Second, he was not physically restrained inside the room. Third, the door to the room was sometimes open. What do you think of this decision? Seven hours in a room with the police asking questions about a crime. Wow!!
Many people believe Miranda rights are given every time the police talk to a Defendant. Not so. Miranda rights are only necessary when a person is in custody and “custody” has a very specific legal meaning. Basically, it means the person isn’t free to leave the area where he is being questioned. Since the person could leave the room, no Miranda rights were necessary in this case.

Workers Compensation

What is the “Going and Coming Rule” in work injury cases? In workers compensation cases, the “Going and ComingRule” means any injury suffered by a worker traveling to and from work does not occur in the course of employment. Therefore, you cannot collect workers compensation for the injury. There are, however, some exceptions to this rule, like if you are away on company business and you are hurt walking to your car. Workers compensation cases are very fact specific with technical rules that apply.
The best advice is probably if you are in any way injured in any manner regarding work, immediately notify your employer, since that is required in workers compensation claims. Then contact us and we will discuss your case in confidence.
You know, we get a fair number of calls each month from friends and former clients asking about a specific legal situation they have. Many times we have to tell the caller that legally there is nothing that can be done to help. But I do hope it’s somewhat reassuring knowing you can at least call us to find out.
About a year ago an old friend called me about his dad, who had a medical procedure done and was asking whether there was medical malpractice involved. The friend did not know our office handles medical malpractice cases. He said he called two other law firms and they asked whether his dad died during the procedure. When my friend said no, both attorneys hung up on him! Geez! Only wanting to talk to a client if there is a death involved is a bit much.

Construction-Site Death Results in $2.8M Verdict

A judge has awarded more than $2.8 million to the widow and two children of a construction worker who was run over by a dump truck going in reverse at a work site three years ago. The truck company and its driver were found to be liable for the victim’s death. What happened was an apartment complex was under construction and the dump truck driver wasn’t paying attention. The truck driver’s inattention caused the fatality.

Jury Awards $15M For Failure To Diagnose Cancer

After a doctor failed to diagnose a lump in a woman’s breast as cancerous, the disease spread throughout her body and metastasized to her bones. A jury awarded her $15 million for the failure of the doctor to diagnose the cancer. The victim was a 40-year-old mother of three who found a lump the size of a marble during a breast self-exam in the fall of 2002.

Walgreens Sued For Fatal Prescription Mixup

Walgreens is being sued for the death of an elderly woman whose pharmacist allegedly gave her the dangerous antihistamine Hydroxyzine instead of the high blood pressure medication Hydralazine prescribed by her doctor. The difference in the two medications is fatal.

Question Of The Month

With gas prices still high, readers are showing a lot of interest in answering the monthly question for a chance to win a Free $50 gas card!

Congrats to Ken F. who won last month’s free gas card.

O.K. Here Is This Month’s Question

The U.S. Presidential election occurs this year. In what month will the election be held? Hint: Don’t be a turkey and miss this one?


If you or someone you know has been hurt in any of the following situations, please feel free to contact me for a free consultation: Personal Injury cases, Injuries Involving Surgery of any kind, Children’s Injuries, Fractured Bones, Vehicle Accidents,Catastrophic Injuries, Medical Malpractice cases, Wrongful Death cases, Product Liability/Defective Product cases, Homeowners Liability cases, Workers Compensation cases and Criminal Defense.

Hello Summer

Summer only lasts for about 90 days so please enjoy every day of it!