There have been way too many doctors’ appointments in her young life. She has spent way too much time listening to attorneys. The legal talk makes her sleepy, it makes her tired and she wants to get away from it. She should be outside playing but she is here with us as we defend her legal rights and attempt to make justice out of what has happened. I get her a toy and a children’s book to distract her. But there is no getting away from her disfigurement and the permanent disability it has created.

She remembers the screaming, some of it her own, as she looked down and saw that four of her fingers had been sliced off in the accident. Where were they? All she saw was blood. How could you lose your fingers? All this went through the mind of a seven year old. It must have been horrifying. She wanted her mother to make everything okay. But her mother was back at the camp ground and didn’t know. For our client, the wait for her mother to get there, and the emergency responders must have seemed like an eternity.

Her hand looks strange. The pictures I took show the angle of the sharp slice that took off her fingers. It’s disturbing. I won’t show them here.

Rescuers and family members searched through the sand for her fingers. Think about that for a moment. They found one; her middle finger. The amazing doctors at Primary Children’s Hospital reattached that finger to her index finger. They decided that was more useful to her long term. They grafted skin onto her baby finger hoping it would function better and look less disfigured.

My little friend does her best. She has worked very hard to perfect her handwriting. (Her grades suffered after the accident when the teacher couldn’t read her homework). Her nubbed fingertip pads have calluses from school work. I asked her to write her name out on a piece of white paper for me. It was slow-going, but she was proud of her progress.

She is ten now. In school, everyone knows about her fingers. Kids never miss an opportunity to taunt and tease her. She hides her hurt from everyone, even her mother. This troubles her mother who wants to be there for her and shield her from this pain.

There are dozens of stories like hers, or worse, terrible deaths that have resulted from Yamaha’s insistence on profits over safety.   CBS News estimates there have been 59 deaths and hundreds of accidents resulting from this machine.

We believe that Yamaha be held accountable for manufacturing and selling a vehicle they knew was unreliable, top heavy and readily prone to roll-overs. Her attorney here is a warrior on her behalf. We can’t restore her fingers, but we can make sure she has a little financial security as an adult. Her job choices are limited. She deserves compensation. I want all that for her too. Mostly though, I wish we had the science to grow fingers back, especially hers.

Why are the letters of our name scrambled on the lawn in front of our building?

Along with remodeling the third floor of our building, we thought we would change out the building sign.  We want it to be easy for folks to spot our location from the freeway. The guys from Impact Signs are here this afternoon. They placed all the letters from our name on the grass in front of the building. Soon, the letters will be lifted into position on the building. 

She was carrying her young grand-daughter in her arms. It was evening and dark.  Donna cut across the parking strip to save a few steps getting to her car with the sleepy girl. The little girl loved sleepovers at her grandma’s house.

Donna thought she was stepping on a water main cover, large and round. But then it slipped out from underneath her foot. She quickly put out her other foot so as not to fall with the child. She couldn’t have known in the dark that what she stepped on was really a large saw blade. A concrete cutting saw blade with teeth sharp and curved waiting to slice deep into her leg. Changing in an instant, her ability to walk normally for the rest of her life.

A construction company, a local company you would know by name, had carelessly discarded one of their concrete blades. It was no longer useful to them and they left it in front of this home, in this neighborhood, where her granddaughter lived. It could have been in your neighborhood. Think about that.

We’re talking about a 14” blade, steel and still very sharp. Sharp enough to slice through her Achilles heel without hesitation as she tried to regain her footing. It sliced deep across her heel. It felt as though a 220 volt ripped through her body. She immediately fell to the ground, not knowing what had happened.

She would have bled to death right there but for the quick thinking of a family member who grabbed a bandana and fashioned a tourniquet to slow down the bleed-out. 

A fourteen inch blade, go measure that and then try to figure out how a road crew left that behind? Not on a building site, not on a freeway job, but in a neighborhood where children play. Of all things irresponsible, this would be one.

Look again at the picture above. It is very similar to the one that caused so much physical damage to our client.  Pictures of her wound would be too disturbing and in poor taste to show you here. A jury will see the photos though.

Donna has missed months of work because of this serious injury. It’s work she loves and which has defined her life for many years. Not to mention the second paycheck her family desperately needs. She has always worked, and been proud of it. She can no longer do that job. It’s been taken from her, possibly forever. I know her self-esteem has suffered.

Donna lost her truck when she and her husband couldn’t make the payments. Food and a roof over their heads became this family’s priority. There were difficult decisions they had to make.

She’ll never be able to walk properly again-her job requires a lot of walking. I question what her future holds with an injury this severe.

This is a lively woman who loved to dance Salsa with her husband on the weekends. She’ll never wear heels again. She loved to swim and taught all her grand children how to swim. She can’t do any of that now. This is a mother who loved camping and hiking visiting different areas around the state every weekend, every summer with her family. All of that and more have been taken away from her. How do you calculate the damages to this person? If you were on a jury what would you decide?

We hold the construction company responsible for their blatant neglect. Their initial offer to Donna barely covers her hospital bills; the multiple surgeries, the skin grafts, the hyperbaric chamber and the painful, difficult physical therapy. Their offer is an insult to this kind woman. Her present circumstances were caused by this company’s negligence. 

Money is a poor exchange for her injury. But it will help restore her life to more like it was. They need to get current on their  house payments. She could get her truck back so she has transportation. Her suffering is real and she deserves compensation for all that has happened.

A large judgment against this irresponsible construction company would send a message to all construction companies in Utah; make safety to your community a priority over profits. What do you think? Do you agree?

Mary was a repeat client from 2002, we withdrew from her case at that time since after the police report, she was found at fault. This year she had another accident so she called me, to help her again.

It was always nice to talk to Mary; she had a way of speaking with kindness that always made you feel happy and peaceful. You know how sometimes we have either a client or situation at work that makes you feel very stressful and sets the tone for the day? (I know we all have had those experiences at one time or the other)

Well, Mary’s phone calls could cure that! She would call to get an update on her case or just to update you on information, or just sometimes it seemed to just “talk” to someone.  I would tell her how her case was going and she would reply “Okay honey” in her small sweet voice several times in the conversation and then “Okay baby” thank you. 

She would always ask me how my day was going (I would think, just great now that I’ve talked to you) and I would say, good and you?  She would reply likewise.  Mary had a sweet and humble spirit, when she talked to me, I felt she truly cared about me, it was really sweet.  After hanging up the phone, no matter how bad my day was going prior to her call “I felt better about my day”.

Actually, I was just talking to some of  my co-workers last week about her, I told them that I wish Mary would call me every morning, just to set the tone for my day…and how much I loved that lady.

Mary’s case was in settlement negotiation and I thought to myself, that I would keep contact after settlement with this little lady, because she brought such sunshine to my day whenever we talked.

Mary called me last week to tell me she would be having surgery, I asked her for what? She said, “I don’t know baby” I haven’t been feeling well”.  I told her that with modern medicine now days that she would be okay and that I would call her afterwards to see how things went.

Mary died two days ago during her operation, they found ovarian cancer.

I am sad…, but Mary left an impression with me that I will always remember. She gave me the insight of how kindness, should be. 
I hope I can remember that …”To be like Mary”.

Lupe Grover

It was a hectic week getting ready for the film crew from LA who were here on Saturday.

There were last minute script changes, final interview questions and guest preparations.

This all began late last year when a production group out of LA approached us wanting to film several half hour shows on various legal issues. These shows will broadcast on network television.

“Insider Exclusive” and the host Steve Murphy have done legal shows on Gerry Spence, Geoffrey Fieger, Gloria Allred, the list goes on. Check out their web-site, it’s interesting.

Anyway, we picked the topics and supplied as much as possible in the way of story line, video, and photographs. They did the rest, professional editing, production and most importantly the professional interviewing by the show’s host.  No, we didn’t use our courtroom for this. Instead we picked the Gallery area on our first floor.

To say they were organized would be an understatement. The three camera set-up by the crew happened within minutes. They had top of the line LED lights with no heat to melt make-up. Another staff member, Cassandra, set up a make-up bar and wouldn’t let any guests shy away from her brushes. Of course, the guys joked it was the manly make-up brand she was using.

Steve Murphy had done his homework and really understood our point of view. These stories will help explain the stories and issues we find most compelling. It gives us a national platform for facts and information for the public to see and hear. 

The topics we chose were; Zyprexa, our involvement with the State of Utah in taking on Eli Lilly and getting $24MM for Utah

Slow Justice is No Justice, The Bob Betley Story, how the frustration with his insurance company’s poor treatment helped inspire Utah Senate Bill 62 which was passed this year. 

The Utah Meth Cops Project, police officers and first responders are exposed to toxic chemicals while on the job. Why we need to help these public servants get well by way of a special detoxification program.

Our guests were; Attorney General, Mark Shurtleff, Stu Smith, Chief of Investigations Division for Salt Lake County District Attorney, Sandra Lucas, Director of Utah Meth Cops/Heroes Project, Steve Urquhart, State Senator from Washington County and our good friends and golfers, Bob & Jane Betley.

Corner Bakery was kind enough to show up promptly at 7am with freshly baked muffins/ bagels and a wonderful platter of sliced fresh fruit. I would recommend them for your events.

I always like to include photos of the food at our events so take a look here and on our facebook page. Corner Bakery Cafe’s web-site is www.cornerbakerycafe.com

We’ll let you know when the shows air on Fox Network later this year. In the meantime, please check out their web-site at www.insiderexclusive.com

It happened again last week, another fatal accident near Lamb’s Canyon taking the life of yet one more driver. It’s the section of road near Mile Post 137 near the Lamb’s Canyon exit on I-80.

The same scenario is repeated here over and over. It’s a dangerous stretch of highway. Here’s the deadly circumstance; west bound car/truck crossover through the median to east bound lane striking and killing others in catastrophic head on collisions.

When the same kind of accident occurs over and over in the same location-it’s more than an unlucky coincidence-it’s bad design.

Keep this in mind as you drive Parley’s and see for yourself how it happens. There are far too many accidents at this particular location. We represent a woman who lost her child and her right arm in an accident. It goes without saying that her life has never been the same. Perhaps you know someone who’s had an accident here. Tell us about it please.

This section of road needs to be re-designed. A better design will save lives.  It’s not enough to say that drivers “need to be careful” when driving in this area. The odds are against you because of bad engineering.

It is UDOT’s responsiblity to make some simple changes. UDOT bears the responsibility to do this to help keep us safe. Accidents should be the exception not the rule. Drivers and passengers are needlessly endangered here.

Help us address the danger that is at Mile Post 137.

Here is UDOT’s web-site. Let your voice be heard, don’t bear silent witness to these tragedies.

http://sjlaw.info/1r    Utah Department of Transportation

Or send us a comment of course.

Roger Goodell, NFL commissioner is supporting legislation that better protects young athletes from head injuries. This law is for the protection of young athletes under the age of 18. 

The law has already been passed in Washington State and Goodell wants it to be passed in 43 other states including Utah.

High School sports are risky business for young athletes. There is a particular danger for serious head concussions that can leave permanent, lifetime injuries. The CDC estimates there are between 1.6 million and 3.8 million sport and recreation concussions each year. Most of them happening at the high school level.

“The younger you are, the more immature the brain is and less developed, so the more susceptible they are to concussions,” says Dr. Mark Rosen, team doctor at Bingham High School.  He suggests that coaches sit out players until their injury can be evaluated by a physician.

Dr. Joyce Soprano, emergency room physician at Primary Children’s Medical Center. “We know that the young brain takes longer to heal than even in a college-level athlete.”

Utah High School Activities Association has adopted a set of guidelines for all sports for the next school year. These guidelines are similar to the new law in Washington.

The Lystedt Law is named after Zachery Lystedt who suffered a terrible concussion in a junior high school football game. His disabilities are permanent, but were preventable at the time if coaches had followed sports guidelines for head injuries in students.

Here is the outline of that law:

• Youth athletes who are suspected of sustaining a concussion or head injury be removed from play. “When in doubt, sit them out.”
• School districts to work with the Washington Interscholastic Activities Association (WIAA) to develop information and policies on educating coaches, youth athletes and parents about the nature and risk of concussion, including the dangers of returning to practice or competition after a concussion or head injury.
• All student athletes and their parents/guardians sign an information sheet about concussion and head injury prior to the youth athlete’s initiating practice at the start of each season.
• Youth athletes who have been removed from play receive written medical clearance prior to returning to play from a licensed health-care provider trained in the evaluation and management of concussion.
• Private, nonprofit youth sports associations wanting to use publicly owned playfields comply with this law.

This legislation should be passed in Utah. It is for the safety of our children. We want them to play sports and we want them to play sports safely. For more information we suggest you use these links:

Brain Injury Association of Utah:  http://sjlaw.info/1c

KSL story:  http://sjlaw.info/1d

Ingredients:

4 chicken breasts

Romaine lettuce, iceberg lettuce, or other lettuce, chopped kale would work too.

Cilantro, Roasted sesame seeds,  2 Red bell peppers

1 bottle of Asian salad dressing (Nordstrom’s is very tasty, but $4.95 a bottle.)

1 package dried crunchy cooked noodles, 1 package sliced almonds 6oz.

Cook the boneless chicken breasts & then cut & slice to a good bite size. After the chicken is cut up, sprinkle generously with roasted sesame seeds. Cover & set aside.

Drain the large can of mandarin oranges. Set aside. (Allow time for them to dry a bit.)

1 bunch of cilantro sliced & diced small  (Remember, a little cilantro goes a long way-don’t let it over power other flavors)

Cut up the 2 Red bell peppers; I like to steam them in the microwave to soften skin & make them more digestible. Cut them in long, thin slices. Set aside. (Dry them out a bit, mushy textures never work.)

Cut up an entire package of romaine lettuce from Costco (four heads) Slice up 1 head of iceberg lettuce or kale to add color. Set aside.

Now is the fun part, let a small child help you find a very large salad bowl. Then add the diced chicken to the lettuce. Toss it together. Mix in the cilantro, the red peppers, add the crunchy noodles, the almonds & the mandarin oranges. Toss again.

Finally, add the dressing, you may want to use the whole bottle-but that is according to your taste.

You could also include a can of roasted peanuts, or add cucumbers or even a little sliced carrot to your salad.  (I felt the salad was enough work already.)

Enjoy you crunchy, tasty, healthy salad!

 Needless to say, I can’t really get any work done.

The dust on my keyboard demands attention. Not to mention the layer of fine dust covering everything on the third floor.

The sight of saggy, exposed pink insulation in a hallway greets me as I make my way to the staircase to another floor. There is escape from the dust but not the noise. Here are some pictures of the mess.  When this floor is completely remodeled, I’ll post new photos to show you. 

Until then, wish me luck.

The other driver was at fault. Bob was at a stop sign near his home when the accident happened. The female driver blacked out due to a medical condition. She admitted later that she shouldn’t have been driving…

She only had minimal coverage on her car; there was not enough insurance to cover vehicle damage, his injuries and the subsequent surgeries. There was also the matter of his loss of livelihood. He wanted to go back to golf, to return to the PGA tour but couldn’t.

So Bob looked to his own insurance company for help. He had been their faithful customer for many, many years without a claim. They had encouraged him years ago to have a good policy in place for uninsured and under insured car accidents. To protect him from this very thing they said could happen. That thing had happened, but he knew he had insurance to help him.

He felt certain he was covered by his policy. He was, except for the fact that his own insurance company stalled on resolving his claim. They wouldn’t return phone calls. They kept losing information and needing it resubmitted. This went on for a long time. Months passed by without a paycheck.

Bob kept getting the run around from his own insurance company and he knew he needed a lawyer. He hired Siegfried & Jensen. The lawyers here represented him and helped him through the legal system. They protected his rights. The legal system worked. His insurance company was compelled to do the right thing and settle his claim. Finally, he received financial compensation for his injuries.

Bob can’t golf as he once did. He use to practice and teach and enter tournaments. His other great passion, oil painting was also taken from him. He once painted western wildlife for hours at a time. Now, he can’t sit or stand for very long. He lives in pain.

No amount of money can take away the injuries he received, they’re permanent. But he finally received compensation from his insurance company for his injuries. Justice was served.              Here are some of his paintings included with this story.

If you would you like to see more of Mr. Betley’s wildlife paintings, they will be on display beginning Friday, June 4^th at the Ogden Blue Gallery on 25^th Street in Ogden, UT.   

For more information about this gallery and Bob Betley’s art show, please use this link:

http://www.ogdenblue.com/contactus/index.htm 

He’s been through a lot and we wish him well in all his endeavors.

His story inspired us to do more. The lawyers here resolved to help write legislation to address the very problem that Bob Betley and others encounter when dealing with what are called “First party claims”.

Senate Bill 62 was put before the 2010 Utah General Legislative Session.

To be brief, the law says that if you make a first party claim (yourself) to your own insurance company, they must provide a written response in a timely basis, reasonable basis.

The bill also states that the uninsured or underinsured claim must be paid immediately for the amount of the covered person’s demand, or the carrier’s response, the insured party can then litigate or arbitrate for the remaining amount of the claim… 

Please use this link for full information on SB62.

Senate Bill 62        http://www.le.state.ut.us/~2010/htmdoc/sbillhtm/SB0062.htm