Block, Klukas, Manzella & Shell - October 2018

October 2018 815-726-9999 | www.blocklaw.com THEBKMS BULLETIN

Nothing to Be Scared Of How Lawyers Deal With Fear

I loved Halloween as a kid. Some of my favorite memories from childhood are getting out early in grade school to put on my costume and go out trick-or- treating with my friends. Though my candy-hunting days are long past, my kids are still young enough to like trick- or-treating, so I enjoy creating special Halloween memories with my kids. I even dress up with them! Last year, I was Ken Bone, the man who made a splash at the 2016 presidential debates. If you don’t remember who that is, I highly recommend Googling it. He was a funny guy, and I had a great time with that costume. Today, I still enjoy the fun and make- believe fears of Halloween, but when fear is the theme of the holiday, I am reminded of the very real fears our clients face. We handle a wide variety of cases at the firm, but they all boil down to personal injury or workers’ comp. In these kinds of cases, the biggest fear clients face is financial stress. In workers’ comp cases, which are my specialty, benefits can be cut off for any number of reasons, and this fear constantly weighs on my clients. And in both workers’ comp and personal injury, clients are often afraid their insurance won’t get them the medical attention they need to successfully recover and return to their lives. Jury bias is another problem we face when working on personal injury cases. Insurance companies have conducted

powerful PR and marketing campaigns to turn the general public against personal injury lawsuits. Take the infamous McDonald’s hot coffee case, for example. Although the victim of that case needed skin graft surgery after being badly burned by scalding coffee, the insurance company managed to spin the story so much that most people believed the whole case was a scam. When the narrative is reframed to turn the public against “frivolous” lawsuits instead of looking to see if the insurance company is doing the job they promised to do, juries question the legitimacy of the injury before they even get into the courtroom. Our clients have to deal with many fears, but there’s usually only one solution: Face them head-on. It’s our job to have a good strategy for every case. One of the

other partners at the firm, Tom Manzella, recently taught a course on depositions at the college and discusses how to do just that. We need to be at the top of our game every day, working with insurance adjusters and staying in contact with the opposing attorneys to make sure information is flowing both ways. We have to be ready to fight to get workers’ comp benefits reinstated, persuade a jury to grant clients the settlements they deserve, and help take care of our clients until they are well enough to return to their lives. When it comes to workers’ comp or personal injury, there’s no such thing as an irrational fear. But when you have a good team behind you, there’s really nothing to be scared of.

–Brya n Shell

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Cooking Oils Declassified Are You Using Extra-Virgin Olive Oil Wrong?

Not all cooking oils are created equal. Some cooking oils have distinct flavors, while others are suited for high temperatures. Every oil is unique. Here are six common oils and their best uses. EXTRA-VIRGIN OLIVE OIL An often misused oil, extra-virgin olive oil (EVOO) should not be used for cooking or frying. It’s simply too delicate and cannot withstand high temperatures, which can damage the flavor, ruining dishes. Instead, use it as a finishing oil — drizzle it over pasta, salad, or bread. OLIVE OIL Unlike EVOO, standard olive oil can be used for cooking and frying. It can withstand temps up to about 460 degrees. In many cases, you can use it in place of other cooking oils — just be sure you’re using plain olive oil and not EVOO.

COCONUT OIL Better for baking than cooking,

coconut oil is generally solid at room temperature. It can be used for some cooking, but like EVOO it doesn’t play well with high temperatures. Keep it at 350 degrees or below and use it as a butter substitute. CANOLA OIL/VEGETABLE OIL A good option for high-heat cooking, baking, and frying, these utilitarian oils are completely neutral in flavor, but they’re not heart-healthy. Vegetable oil is a generic mix of oils, including soybean, canola (rapeseed), and palm oils, making it the most inexpensive cooking oil. PEANUT OIL Great for high-heat cooking, frying, and deep-frying, peanut oil has a neutral flavor, so you can easily use it in just

about any dish that needs a cooking oil. It’s also a more heart-healthy option than canola and vegetable oils. AVOCADO OIL When you need an oil to withstand high temps, this is your oil. It has a smoke point of 510 degrees, making it perfect for grilling and stir-frying. What makes avocado oil particularly unique is it can also be used as a finishing oil, like EVOO. It’s light yet resilient.

MORE TO THE STORY Suing the Phone Company over a DUI

In 1986, President Ronald Reagan made a speech for the American Tort Reform Association in which he gave an example of how the tort system was out of control: “In California, a man was using a public telephone booth to place a call. An alleged drunk driver careened down the street, lost control of her car, and crashed into the phone booth. Now, it’s no surprise that the injured man sued. But you might be startled to hear whom he sued: the telephone company and associated firms.” This sounds ridiculous, but much like the infamous McDonald’s hot coffee lawsuit we covered last month, there’s a lot more to the story. The phone booth accident, which took place in 1974, resulted in the injured man, Charles Bigbee, losing his leg. At the time, Bigbee worked as a janitor, and his severe injury meant he was out of a job. Bigbee did sue the driver who hit him and the bar that served her, but strangely enough, the police failed to give the driver a blood alcohol test at the scene of the accident. Where does the phone company come in? To start, Bigbee was in one of three phone booths lined up next to a dangerous intersection. The people in the other two phone booths and the man waiting to use the booth Bigbee was in all managed to escape before the collision. But witnesses reported that the door of Bigbee’s booth had

stuck, and Bigbee had been trapped inside. This defect was likely the result of a previous accident. Less than two years earlier, that same phone booth was struck by another driver and was poorly repaired. Despite knowledge of the previous accident, the phone company failed to put safety measures in place.

Over a decade after the accident, Bigbee’s case reached the California

Supreme Court, where the phone company finally agreed to settle for an undisclosed (but reportedly large) sum. After hearing President Reagan’s speech, Bigbee went to Washington, D.C., to set the record straight, stating, “I think it is very unfair that the President would distort the story so they can justify limiting the truth or tell half the story … of people who have been injured like myself.” Though phone booths are a thing of the past, the act of reframing serious accidents to make a lawsuit seem unnecessary is still painfully common. The truth is, when negligence leaves someone hurt, no lawsuit is frivolous.

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In Good Hands Find the Right Nursing Home for Your Family

There is a stigma around nursing homes and retirement communities, and some places have earned their bad reputation. For this reason, many people are under the impression that putting a loved one “in a home” means you’re abandoning them. This does not have to be the case. Nursing homes exist to provide seniors with a safe, comfortable place to receive the care and attention they need. When searching for a good nursing home for your family member, start by visiting the location in person. While you’re there, follow these guidelines to choose the right home for your loved one. LISTEN WELL Pet names like “Mama” or “Granny” sound endearing, but they are often a sign that the staff doesn’t know the resident’s name. The staff should always use the residents’ names as a sign of respect and care. You should also pay attention to how the staff treats each other. If the nurses and aides are rude to one another, there’s a good chance they’ll be rude to your family member too. FOLLOW YOUR NOSE Certain medications and diets can upset a person’s stomach, and health problems can cause residents to have difficulty controlling their bowels, so you may occasionally encounter unpleasant smells while visiting a nursing home. You shouldn’t worry unless you encounter a strong, foul odor that lingers.

The scent of stale urine may be a sign the facility is not being cleaned properly. Overly strong, pleasant smells may also be a red flag because they could be covering up something bad. ASK QUESTIONS Ask questions about everything you see. Learn about activities,

quality of life, emergency plans, and custodial frequency. Ask to see the current inspection report and Medicare and Medicaid certifications. Discover how long key staff members — including the director and departments heads — have been there. The staff at a trustworthy facility will never hesitate to answer any questions you may have, so if the person you’re speaking to gets annoyed or defensive, take it as a warning sign. Putting in the time to research and visit any care facility is an important step in making sure your family member will be safe. But circumstances can change, and even a nursing home you feel confident in can hide a dark side. If you suspect your loved one may be the victim of elder abuse in their nursing home, call 815-726-9999. Learn how our experienced elder abuse attorneys can help you and your loved one take action and correct a bad situation.

LAUGH OUT LOUD

‘HEADLESS’ APPLES ON HORSEBACK

INGREDIENTS

• 16 very thin slices of pancetta (or cured, unsmoked bacon) • 2 pink lady apples

• 3 ounces manchego cheese, 1/4 inch thick • Toothpicks for skewering

DIRECTIONS

1. Core apples and cut each into 8 wedges. Remove rind of manchego cheese and cut into 2-inch sticks. 2. Heat a grill pan or skillet to medium-high. 3. On a cutting board, lay pancetta or bacon slices flat and place an apple wedge and piece of cheese in the center of each. 4. Roll pancetta tightly and skewer with toothpick. 5. Grill until cheese is melted and pancetta or bacon is golden and crispy, about 5 minutes. 6. Drain excess grease on a paper towel and serve hot. Inspired by Food & Wine magazine

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19 W. Jefferson St. Joliet, IL 60432

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

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1. What Are You Afraid Of? 2. Are You Using Extra-Virgin Olive Oil Wrong? Who You Gonna Call? 3. Are There Good Nursing Homes? ‘Headless’ Apples on Horseback 4. 3 of the Weirdest Cryptids in Pseudoscientific History The Monsters Some Believe Are Real INSIDE 3 of the Weirdest Cryptids in Pseudoscientific History

There are people who would have you believe that monsters live among us all year long. These individuals, referred to as cryptozoologists (or just “wishful thinkers” by their skeptics), believe a hidden animal kingdom exists just beyond the edge of mainstream biological science. Here are three of the weirdest, almost-certainly imaginary “cryptids” to ever capture the human imagination. THE JERSEY DEVIL According to legend, the 1.1 million-acre Pine Barrens of southern New Jersey are home to more than just birds and deer. The story goes that when one Jane Leeds gave birth to her 13th child, she was dismayed to add yet another kid to her responsibilities. She cried out, “Oh, let this one be the devil!” Shortly after the child was born, the boy was transmogrified into a twisted creature with the malformed head of a goat, leathery wings, and a thrashing, forked tail. After slicing the midwife with its ragged claws, the beast flew up the chimney and fled into the trees. Hundreds of years later, the beast is still said to creep the backwoods on its cloven hooves, glowering from the blackness with shining, red eyes.

THE BUNYIP When European settlers began

edging into the territory of Aboriginal Australians, they heard whispered, frightened tales of a man-eating “water spirit” that lived in the lakes and rivers of the area. Descriptions of the creature varied wildly. The monster

was alternately described as an enormous starfish, an alligator-like creature with the head of an emu, or a massive bulldog-faced beast. But accounts held one thing in common: The monster claimed the lives of any who dared camp near its watery domain. THE LOVELAND FROG One night, near Loveland, Ohio, a man reportedly beheld a trio of bipedal frog-people slapping their webbed feet along the side of the road. If that wasn’t enough, one even had a magic wand, which shot sparks as the man ran off. Apparently, not all mythical beasts are bloodthirsty monsters; some are a little more Kermit than Cthulhu.

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