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Once more, Thanksgiving is upon us. I always like to reflect at this time of year to make sure I am being truly grateful. Many times we take for granted what others do not have. I am grateful I still have my parents. Dad is 85 and mom is 83, and they are still getting around. Mom still exercises to Gilad’s Bodies in Motion. Dad putters around the yard finding things to get into or goes to the basement to paint. He’s very artistic. I have a number of his paintings on my walls. I am grateful for my children and grandchildren. They give me an untold amount of joy. The time I get to spend with them is more valuable than gold. They may not appreciate the time we spend together as I do, but once they are older, they will remember, and I hope, smile at the memories. Included in my other blessings, I won’t forget to be grateful for cleaning my house, because I am fortunate to have one. I don’t even mind cleaning the toilet because I have the blessing of indoor plumbing. Don’t take it for granted! When I was a very small child, we didn’t have indoor plumbing. We had an outhouse. Luckily for me I have two older sisters who went to the outhouse with me before going to bed. They took care of any lurking spiders so I didn’t have to worry about them. Do I have everything I want? Of course not. That’s why they are called wants. I have a family that I love, a running car, a warm home, food to eat, and clothes to wear. At the end of the day my wants can wait as long as my needs are met. I am truly blessed and grateful. Image courtesy of Unsplash.

Litigation involving a tractor-trailer/commercial motor vehicle is sometimes complicated as they involve multiple legal issues, various facts/circumstances surrounding the occurrence and a complex interaction of state and federal law. Due to the nature of many of these cases involving a much larger commercial motor vehicle, most involve significant damage claims such as death, catastrophic injuries (e.g., lost limbs) and/or complex injuries (e.g., brain trauma). Due to the high stakes and complexities involved in commercial motor vehicle cases, they can be among the most sophisticated and gratifying cases a lawyer can handle. We at Bordas and Bordas regularly handle cases involving all kinds of commercial motor vehicles.  We are well versed in the federal requirements governing the trucking industry and the necessary training truck drivers should be provided by their employers. We constantly preach the need rapid action when it comes to handling these kinds of cases. I was a defense lawyer for over 15-years and represented commercial carriers in catastrophic loss collision throughout the United States. I have firsthand knowledge that trucking companies, their insurance carriers and their attorneys understand the need for swift action, as it is the norm for defense lawyers in the trucking industry to actively market their ability to place a “rapid response” investigation team at the collision site as soon as the truck company or insurer reports the loss. I found myself, on more occasions than I want to admit, getting a telephone call moments after a catastrophic collision and being retained by a trucking company to investigate the collision, retain an investigator to speak to witnesses, interview our driver, preserve evidence and retain an expert to immediately visit the scene and inspect the involved equipment. I knew everything about the collision within hours after it happened and knew the intricacies of the truck driver’s actions within 24-hours. Doesn’t that place the trucking company at an advantage if litigation is necessary? The short answer is, YES!!! As soon as Bordas and Bordas agrees to represent a client who has been injured in a truck accident, we work to discover as much as possible about the facts of the accident. The availability and accuracy of information quickly deteriorates after an accident, therefore an extremely expeditious information gathering process is critical. I implement the same strategy that I did as a defense lawyer, and if we are called early enough, we are typically successful at getting the necessary evidence preserved before it can be destroyed. If you or a loved one has been injured in a collision involving a commercial motor vehicle, please immediately call us and we will immediately begin our efforts to preserve necessary evidence to assist in prosecuting your case. Image courtesy of Unsplash.

Do you ever wonder what your lawyer is doing when they are not working with you on your civil case, or even what they are doing on your case in between your communications with them? Here are some of the things that lawyers do on a regular basis in the context of a civil litigation practice. As you probably remember from your earliest days of contacting your attorney about your own case, lawyers take telephone calls from people who have had something happen to them and are wondering if they have a case. The situation could be anything from a car wreck, to a bad surgery outcome, to the death of a loved one after a stay in a nursing home, or a company harassing about a purported debt, or feeling like an oil or gas oil company is not acting according to the terms of a lease. Regardless of the circumstances, the lawyer will listen to the timeline and details of the situation, ask questions to get more information, and evaluation each situation individually to determine whether there are potential civil claims to investigate. These calls are an important first step in any case, and lawyers dedicate the necessary time to thoroughly evaluate claims through these calls and set up meetings. Meetings are also a consistent part of a lawyer’s daily and weekly schedule. Meetings with clients, new or current, and meetings with other attorneys within the firm to discuss cases and strategies are two of the most common meetings an attorney will have on a regular basis. Many lawyers are also involved in various community, charitable, and professional organizations, and will attend meetings of those groups as well. As cases are filed and progress through litigation, lawyers also attend inspections, depositions, hearings, and mediations. Inspections usually take place early on in a case, most commonly in cases involving an injury from an unsafe condition on a premises or a motor vehicle or trucking collision case. Depositions are a part of discovery, and will require your lawyer to either ask questions of the defendant, witnesses, experts, or others who may have information that could be important to your case, or will require your lawyer to listen to questions that are asked of you or the experts that you have hired to help support your case. Depositions can take up to an entire day, or even more, sometimes, and require preparation time on the part of the lawyer as well. Hearings take place before the court, and address various issues and disputes that arise between the parties in the case. Your lawyer will appear, along with lawyers who represent the other parties in the case, and each lawyer will generally have the chance to explain to the judge their position, and why the law and facts of the case support their request to the court. Many hearings during the course of litigation involve discovery disputes and what information each side is entitled to receive, but hearings can involve any number of legal topics and issues. Mediation is an event that usually occurs closer to the end of the discovery period, but before trial, and offers the parties the opportunity to get together with each other and have a neutral party, the mediator, help facilitate negotiations to try and resolve the case through settlement, rather than going to trial. Attorneys also spend a good bit of time reviewing correspondence, discovery materials and evidence that is produced, transcripts from depositions and hearings, reports from experts, and motions and briefs that are filed with the court. They also do research into legal and other issues that arise in their cases, and spend time writing motions and briefs that ask the court to direct certain events in the case in their client’s favor and explain why the law supports that request. Finally, your lawyer may be involved in a trial. Although many cases resolve through settlement, rather than at trial, lawyers must always be prepared for a case to go to trial. When a trial is approaching, this will be a very time consuming period for your lawyer, and they will likely spend many hours reviewing all of the documents, testimony, evidence, legal arguments and cases, and other materials in the case. They will practice their arguments and questioning, and will have discussions with other attorneys about the best way to approach difficult issues or challenge tough evidence. They will spend time preparing witnesses to give testimony and will work with their staff members to make sure that all visual evidence and documents are properly marked and ready to be shown at the trial. These are some of the major tasks that your attorney works on consistently, both in your cases and the others that they have, but many other things may arise in an attorney’s day as well. If you are ever curious about what your attorney has been doing to work on your case, you should ask them. It will give you an opportunity to learn more about your attorney, your case, and the process of civil litigation, and may give you a better understanding of what your lawyer may be doing if you ever call and are told they are unavailable at the moment. Images courtesy of Unsplash.

Psalm 107 tells Israel’s story. God brought His people out of slavery and into land of their own. But even after entering the Promised Land, they still struggled. Some faced hardship. Some wandered in the wastelands, hungry and thirsty. Some found themselves in deadly peril.  But God heard their cries and delivered them from their distress. Again and again, the psalmist stops to give thanks: “Let them give thanks to the Lord for His unfailing love and His wonderous deeds for mankind.” It’s easy to give thanks for the material blessings in our lives--an unexpected gift from a friend, a bonus at work, a perfect vacation with loved ones. But have you stopped to give thanks for God’s presence in the midst of your struggles? Like the people of Israel, we face struggles, hardships, and losses in our daily lives. But God is only a prayer away! I was reminded of this in January when my dad passed away after a long battle with cancer. I’ll admit it: I had a hard time watching my dad go through chemo treatments, knowing that he was getting weaker day by day. But through it all, I felt God’s presence, and I experienced the peace and comfort that only He can bring. And so, like the psalmist, I remembered God’s unfailing love and I gave thanks. What about you? When Thanksgiving rolls around, will you look back and remember a time that God was with you when you were facing a struggle of your own? Did He give you peace? Or comfort? Or rescue? If so, then be sure to follow the psalmist’s example: Give Him Thanks! Image courtesy of Unsplash.

Thank you all veterans. Today; yesterday; tomorrow - every single day - you are our true heroes. You lay your lives on the line for the families of this beautiful country. You sacrifice for complete strangers to maintain the security of our homeland and for that we thank you. You could be like so many others and leave it up to someone else to take on this great responsibility, but you don't. You walk the walk. For that, we will never forget. We will never forget from years past, now, and in the future of our families. The things you have seen; the split decisions you have had to make to ensure our safety and protecting us. You go into the most horrific circumstances, you say goodbye to your own families knowing they have to share you with all of us, but you do this selflessly as we go about our everyday lives. You sacrifice so very much. We all salute you. We stand proud with you. Most of all, we thank you. Today is a day of recognition, and you are forever our heroes. If you've not served our country you cannot possibly have any idea what's in a day's work; but, I assure you we are grateful and we will never forget you. God Bless the USA and God Bless you! Image courtesy of Pixabay.

In addition to working on cases, most lawyers are involved in at least one organization outside of their role at a firm or company. These organizations often include professional, community and charitable organizations, and may also include groups with which the lawyer has a personal connection, such as churches or religious organizations, alumni groups from schools that they attended, or organizations that focus on a particular interest or hobby that the lawyer has. Some of the most common professional organizations in the legal profession are bar associations. There are bar associations on pretty much every level. The American Bar Association is one of the biggest national professional legal organizations. There are also state and local bar associations in every state, and for pretty much every county or regional area. Participation in the bar association can range from simply being a member and receiving information and mailings to serving as a leader within the group, and everything in between. Most bar associations offer a variety of events and activities, including continued legal education events or seminars where lawyers can learn more about a particular area or topic of practice from other lawyers with experience in that area, and social or networking events, where lawyers can meet other lawyers in that geographic area and develop professional or referral relationships. Bar associations can be a great opportunity for lawyers to learn more about topics or issues that specifically affect their own geographic area of practice. For example, the recent opioid epidemic in West Virginia and southern Ohio has been an important topic that many bar associations have chosen to address because of the multitude of legal issues that are involved with that crisis. Things like this help bring lawyers together for important causes within the profession and help make them aware of resources and other ways to better serve clients on these topics. Lawyers may also be involved in organizations that address their specific area of practice. Many civil litigation attorneys who represent plaintiffs and criminal defense lawyers are members of “Associations for Justice” or “Trial Lawyers Associations.” These organizations serve many of the same purposes as the bar association but are more geared toward the plaintiffs’ side of the case and the issues that affect plaintiffs and their lawyers. In addition to professional associations, many lawyers are involved in community and charitable organizations of all kinds. Bordas & Bordas attorneys serve as members on organizations such as the YMCA, Youth Services Systems, Wheeling Health Right, the Junior League, Catholic Charities, Ohio Valley Breast Cancer Awareness, Lions Club, West Virginia Children’s Advocacy Network, Marshall County Animal Rescue League, and many more! Participation in these organizations is an important way for lawyers to give back to their communities, build relationships with others from various professions and backgrounds, and learn more about their current and potential future clients. If you are ever curious about your lawyer’s participation in professional or other organizations, just ask them. Most lawyers take great pride in their involvement in these groups and would be happy to share their experiences working with them and the reasons that these groups and causes are near and dear to their heart. Image courtesy of Unsplash.

“Does this mean we have to go to trial?” I would have to say I hear this question from clients more than any other, generally accompanied by an anxious, pleading look. As attorneys who pride themselves on being prepared to proceed to trial in any case we take on, and doing so with a good deal of success, I think we sometimes forget the type of anxiety our clients feel when facing the possibility of having to tell their story in front of a bunch of people they have never met. As trial attorneys, taking a case to trial is the pinnacle of what we do, so we welcome the opportunity. As laypeople, our clients may not feel that same sense of excitement. So, the short answer to the question posed above is, almost always, “no”. Here’s why: Once a case is actually filed in court, most judges will enter what is called a scheduling order.  This order sets deadlines for certain things to be accomplished, like making amendments to pleadings, completing discovery, and filing motions which would dispose of the case one way or the other. Importantly, this order almost always requires the parties to participate in settlement mediation several months in advance of the anticipated trial date. It is this settlement mediation that frequently results in the case being fully and finally resolved without trial. In simple terms, mediation is a process whereby the opposing sides to a particular suit come together, along with a trained mediator, and try to reach a settlement. The mediators are lawyers who are specifically trained in ways to bring the parties closer to a resolution. It is the mediator’s job to tell each side about the particular strengths and weaknesses of their case, and how those strengths and weaknesses should cause them to alter their settlement position. As one mediator likes to tell the involved parties, “. . . a mediation is like a junior high dance. At the beginning, the boys are all on one side of the room, and the girls are all on the other side. It’s my job to bring everyone to the middle.” It’s a fitting analogy. The mediation will typically start with the parties all together in the same room, so the mediator can introduce himself/herself, and give the clients a bit of information about what to expect. After that, everyone goes to their separate corners. The plaintiffs will be in one room, the defendants in another. The mediator generally begins with the plaintiffs, asking us to present a settlement demand. He then takes that demand to the defense, talks with them about how he views the case, and the process goes on from there. Sometimes, it’s over within an hour or so, after it becomes clear that the parties are so far apart, there is pretty much no chance of reaching a resolution. More often than not, however, the process continues for several hours, with the mediator gently, and sometimes not so gently, nudging each side toward the middle. When everyone finally agrees on a figure, the attorneys sign a document acknowledging the terms of the settlement, everyone shakes hands, and it’s over. Just like that. Obviously, what I have presented here is a very, very rough outline of an important part of the litigation process. If you actually have occasion to become involved in a mediation, our attorneys will spend a significant amount of time with you, explaining what to expect. This short article was not intended to be a comprehensive overview. It was simply a means to relieve some of the anxiety you may feel about going to see an attorney if you’ve been hurt. The vast majority of the cases we handle are settled long before trial. So, try to relax. You don’t have to go to trial. Image courtesy of Unsplash.

As Thanksgiving and Christmas approach, we start to partake in some of our favorite holiday traditions and festivities. One tradition that accompanies several holidays is that of the “food eating contest.” Although seeming harmless in nature, these contests can often turn deadly and can leave those who put on the contest in hot water. This is the case as it relates to the death of a 20 year old student at The Sacred Heart University in Fairfield, Connecticut. Specifically, the Washington Post and other news outlets have reported that the university is facing a lawsuit brought by 20-year-old student Caitlin Nelson’s family, after Ms. Nelson died after participating in a “pancake eating contest” to raise money for charity. What is known about this contest is that upon the competition beginning, Ms. Nelson, like the other participants, started to shovel as many pancakes into her mouth at once in order to be the first to finish the contest. However, a few minutes into the contest, Ms. Nelson began to shake uncontrollably and collapsed. It was found that because of the nature of the pancakes – which largely consist of flour and liquid, which then turns into a “thick glob of paste” when the pancakes come into contact with saliva or other liquids, that Ms. Nelson’s airway was essentially completely compacted causing her to choke to death. The family of Ms. Nelson in their lawsuit against the University made several allegations in regard to the liability of the University for this young woman’s death, among those being the following: 1.        There was an inherent risk of harm to amateur participants in speed eating contests; 2.        The use of pancakes in a food eating contest is particularly hazardous because of the food’s composition; 3.        The University failed to investigate the safety of the contest before approving the same; and 4.        The University did not have adequate and appropriate medical personnel at the contest to monitor the participants Although the end result of this lawsuit cannot yet be predicted, it is important to understand the risks associated with these types of contests whether you are a participant or a business or other type of entity allowing these contests to take place. As we head into the holiday season, make sure you are putting your safety first while partaking in your favorite holiday traditions.

With the busyness of life, I think we all forget to just take time for ourselves and our families to regroup, refocus, and appreciate so many little things in life that we take for granted every day. My daughter and I recently took a vacation and this vacation was different than our “usual” trips. It was centered on quietness, slowing down, relaxing, and enjoying God’s beautiful creation. It is amazing how quiet the world around you can be when you separate yourself. To quote from one of the pictures I saw: “Make time for the quiet moments as God whispers and the world is loud.” It is amazing what a few quiet moments can do. And when you open your eyes to the world around you, the view is breathtaking!

We all agree that our veterans deserve the best medical care possible. However, a recent article published by the USA Today illustrates how confusion caused by the massive bureaucracy at the VA can pose a direct threat to patient safety. As reported, the VA cancelled 250,000 orders for diagnostic tests, sometime without consulting the doctors who ordered the tests and sometime without even telling the patient that the test had been cancelled. Apparently, the VA recently realized that “more than 325,000 orders for scans of veteran patients had not been completed nationwide.” Although that problem is bad enough, the VA responded by simply cancelling 250,000 of those orders. The problem, however, is that the VA may not have followed appropriate procedures in cancelling these orders, resulting in a situation where necessary and potentially life-saving orders were “annihilated” along with duplicated or outdated orders. As the article reports, this resulted in a situation where VA employees “canceled thousands of radiology orders without checking first with doctors or patients.” The VA simply cannot allow its massive and confusing administrative system stand in the way of appropriate patient care. The VA must take whatever steps are necessary to ensure that our veterans receive the tests they need when they need them. A link to the full article is below: https://www.usatoday.com/story/news/politics/2018/10/01/va-hospitals-cancellations-diagnostic-exam-orders-draw-scrutiny/1424298002/ Image courtesy of Pixabay.

Flesh Detecting Technology for Use with Table Saws has Existed for Over 14 Years, However, Table Saw Manufacturers Continuously and Intentionally Resist Implementing This Available Technology to Prevent Injuries. More than 4,000 Americans suffer amputations, getting their hands mangled using what is by far the most dangerous woodworking tool: the table saw. That amounts to more than 10 amputations per day. The U.S. Consumer Product Safety Commission (CPSC) has indicated that more than 66,900 people received emergency room treatment related to table saw and bench-top related injuries at a cost of approximately $2.3 billion dollars. Stephen Gass and his company SawSafe have designed and manufactured a saw that could tell the difference between wood and human flesh. The technology is based on the fact that wood doesn’t conduct electricity, but humans, made up of mostly salt and water, are great conductors of electricity. The SawStop senses an electrical current in the hot dog. A hot dog with a slight nick after contact with the SawStop blade. In 2003, Gass first petitioned the CPSC to require the rest of the industry to make their saws safer, too. That call for greater safety went unanswered by the CPSC. In 2012, California attempted to enact a law which would require table saw manufacturers doing business in California to install flesh-detecting technology in table saw blades under 12 inches. The Table Saw Safety Act, AB 2218 would have required all new table saws manufactured for sale in California after January 1, 2015 to be equipped with a safety device that substantially reduces injury when human skin comes in contact with the saw blade. The bill passed the State Assembly by a 64-4 margin. Thereafter, the California State Senate Judiciary Committee voted 3-2 to allow the Table Saw Safety Act to go before a vote in the California Senate. Heavy opposition to the bill was brought by the table saw manufacturers, retailers such as Home Depot, Lowe’s, and Sears, and retail business organizations such as The California Chamber of Commerce, the California Manufacturers & Technology Association, the California Business Properties Association, and California Retailers Association. The bill which passed so easily in the Assembly died in the Senate and was never enacted. In 2017, Stephen Gass went back before the CPSC, which is supposed to be a consumer protection commission, to ask why nothing has happened in the last 14 years. CPSC has now recommended creating a mandatory standard requiring other table saw manufacturers to implement sensing technology that will stop its blades to prevent injuries. Others in the industry complain that adding the safety technology will add costs to the saws. However, as CPCS Commissioners in favor of the rule point out, the $200 price difference is dwarfed by the financial cost, and pain and harm caused by 30,000 ER visits and more than 4,000 amputations every year. CPSC’s analysis estimates the annual cost of table saw injuries at around $4 billion. Susan Young with the Industry Power Tool institute contends that the CPSC’s research is flawed and contends that the proposed rule needs even more study. While the government bureaucrats drag their feet, and lobbyists for the industry special interest groups apply pressure to politicians, at least one other table saw manufacturer, BOSCH, has now introduced its version of a flesh sensing blade in its REAXX Potable Jobsite Table Saw. In addition, several juries across the country have held table saw manufacturers liable for their failure to use this injury preventing technology. In 2009 a jury awarded a man who suffered severe, permanent finger injuries after using a table saw, was awarded $1.5 million in damages. More recently, in 2014, as a result of a lawsuit filed in Philadelphia a man received a $2 million settlement for injuries he suffered while using a table saw. Maybe, if the manufacturers and retailers are forced to pay enough money as a result of lawsuits filed by injured workers and do it yourselfers, they will stop fighting to prevent this injury avoiding technology, and make it a standard part of every table saw, just like seat belts and airbags have now become standard safety features in every vehicle manufactured and sold in America, regardless of the price of the vehicle. Images courtesy of SawStop.

It’s become tradition for my family to schedule a long weekend getaway in the fall. These getaways are specific destinations chosen to enhance our Halloween experiences. We love haunted history and actual documented ghost phenomenon. What can I say? We enjoy a good scare and the mysterious circumstances surrounding the stories. It just so happens, one of my daughters has a birthday in the days leading up to Halloween. This year is her 18 th birthday. This specific year was supposed to include our traditional haunted history trip but was tailored a bit more toward her specifically, given her birthday and all. I am the planner and always include some surprises. I try to exceed any expectations during our travels for just a little added bonus. After all, these are our family memories. These are priceless treasured moments; togetherness and time away from the everyday hustle. The location chosen for this fall getaway was Hocking Hills, OH. This would be perfect. Not too far of a drive. We could take our pets, which she cherishes dearly-an added bonus, right? Normally, I wouldn’t permit them on our getaways or vacations. There were going to be a lot of things she would enjoy. There was hiking, boating, haunted walks, houses and areas to explore. Yet, she could relax in the hot tub on the deck in the cool, crisp fall air during the late evening. Plenty of food and unique shopping experiences. Completely unintentional from this trip planner was our first scare. This scare induced a bit of an initial panic. Just what was the inadvertent scare? I booked a cabin in a very remote area. We had no phone connection, no internet, not social media, no texting - nothing. We did not realize until about a half hour before we reached our destination that we were going to be without a connected phone, iPad, or internet for three days. Talk about scaring a teenager to pieces! To my surprise, after the initial seven minute adjustment, everyone adapted quite well without anxiety or meltdowns. The connection loss was forgotten quicker than I imagined. We functioned quite nicely without the interruptions of the outside world. We painted pumpkins and played cards, hiked and fished. We just enjoyed each other with our family pets. Our time was more than plentiful. The lack of sound of the ding of the phone soon was soon forgotten from our minds. I noticed we engaged deeper into our family unit with our one on one conversations and goofing off with each other. Family with no distractions to those phones was a true birthday gift to her. And, we quickly realized that this unexpected ‘scare’ would be one of those added bonuses. We made friends with a lone duck on our lake. Kept an eye out for the black bear and fox. Had a good ol’ fashion swing – ahhh! – the fresh air and not a sound but the echo of nature surrounding us. I do not think any of us would have gone completely without our devices had we simply dared ourselves to do so. The fact that we had no choice made it doable. We went back to basics and that’s just what we did, we embraced it. The only thing concerning to me, which I really tried not to dwell on, or mention to the family at all was, what if something truly happened? Honestly, our cabin was so remote, the navigation couldn’t map our way out in any sort of a rush. After all, how could we call for help if Jason Voorhees, Michael Myers or that crazy clown would have shown up? That was the scariest of all. Guess I would have to rely on my bulldog and shorkie to save us from the scary creatures that roam the woods. Good thing I let them come after all. So, maybe an 18 th birthday spent with your family in an isolated wooded area, wouldn’t be the dream party for many young women, but mine, handled it like a trooper. She made me quite proud. She has not yet succumbed to the superficial reliability of electronics and the necessity to constantly check social media to define her existence. All of this is just one of the many beautiful things about my daughter and makes me quite proud of just how grounded she is and precious to us. She graciously thanked us for the family-oriented weekend and even added she enjoyed living without electronics, at least temporarily. Looking back, other than having a land line or some form of rapid response in the event of an emergency, I’d do it all over again. Get back to who we are without those electronic devices we seem to have we’ve grown do reliant upon. HAPPY HALLOWEEN TO ALL! Image courtesy of Unsplash.