Wednesday, December 1, 2021

BREAKING NEWS

Drunk Falls in the Street, Family Gets $10,025,000

A young woman celebrating her birthday on Halloween with her friends walked into the street after she left the last bar. She stood on the center median and fell off. While laying in the street, defendant driver approaches her and come to a stop in front of her. Then proceeds to run over her causing fatal injuries.

The parents sued the driver arguing that he should have known the decedent was laying in the street and that he should have gone around her. He was also working at the time of the accident, which brought in the corporation.

Defendant argued that decedent was intoxicated and impaired, which is why she fell into the street and remained there. Defendant driver stated that he was unable to identify descendant and thought that she was ‘debris’ in the road or a Halloween prank.

The case settled at mediation for $10,025,000, three months before trial.

Mediator Jeffrey Krivis.

PRO TIPS

1. Even a fallen down drunk can have a major case.

2. Many major injury or death cases have more value than before because juries are more sympathetic to victims than to corporations.

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Beware of the MIST Case

Antonio’s case was blown out by the jury in Riverside County.

Defendant Samuel rear-ended plaintiff’s vehicle with his 2005 GMC Sierra.

Defendant argued that Antonio did not report complaints of pain or physical injuries at the scene, that damage to the GMC was $892.02, that plaintiff did not call police, or an ambulance, and that he did not go to an emergency room or hospital.

Antonio admitted in deposition that his body did not move inside his car upon impact and that he experienced work injuries 5 years before. His post-accident MRI was not different from the one taken for his work injury.

Antonio demanded $54,000. Defendant offered $18,000. Antonio asked the jury for $75,000. Defendant argued to the jury to award nothing. The jury rendered a defense verdict.

Antonio Martinez vs Bautista Riverside Superior Court, Judge Harold Hopp, August 10, 2021.

PRO TIP

Sadly, Antonio will be personally responsible for paying the defendant lawyers’ court costs plus expert fees, which could be well over $25,000. Antonio very likely regrets going to trial. This means that none of his doctors will get any money from this case either.

🔥 ACE'S LIT TIPS 🔥

This is your annual reminder to purge your records.

Pursuant to Chiro Board Rule 318, you are required to keep patient records for five (5) years from the date of your last treatment of the patient.

Your office should have a “Document Management Plan” in place in which you put in writing your intention to keep patient records for a minimum of five years after which they are slated for destruction to conserve space.

That way, if you are ever asked for records or asked to defend why you no longer possess documents, you can state that not only were they destroyed, they were destroyed as part of a pre-existing DMP having nothing to do with the specific case at hand. This both protects you from the burden of keeping records for decades and also frees up office space at the same time.

As your year comes to an end, make a resolution to get organized come New Year.

Feel free to contact me at alexandereisner@shawnsteel.com.

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DECEMBER 15, 2021 @ 1 PM

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