Dickerson Oxton - July 2019

Dickerson Oxton - July 2019

816-268-1960 | 913-428-8220 www.dickersonoxton.com

JULY 2019

ANIMAL BITES

CAR ACCIDENTS

MEDICAL MALPRACTICE

One Memorable Summer

BICYCLE/ MOTORCYCLE ACCIDENTS

MALLS, EARRINGS, AND MY FIRST JOB

Summer break is here, and I’m sure many of our readers with teenagers at home are watching them apply to their very first jobs. Beyond just the financial independence this offers, I can attest there’s plenty of valuable skills a young adult can pick up from this early experience. My very first job was nothing if not memorable. Wanting to get a job out of the hot sun and away from any deep fryers, I applied to the fashion accessory store of the ‘90s: Afterthoughts. I’d passed by their location at the Westroads Mall many times and, at 16, decided to apply. They ended up hiring me on the spot and, to my surprise, handed me a piercing gun. I’d imagined I would be stocking shelves and helping moms pick out hair clips for their daughters, not piercing holes in people’s ears. That seemed like a lot of responsibility to give a teenager who just signed on. Thankfully, they gave me some training, letting me practice on foam sheets for 20 minutes before I moved on to actual human ears. To say it was a nerve-wracking start to a job would be an understatement. Not only was I constantly worried

about missing the mark or slipping, but I was also often piercing the ears of babies and toddlers. It’s a miracle nothing went wrong. Still, for all the stress, it was worth it to be the one in my friend group with the “cool mall job.” Compared to the horror stories I heard from classmates working in fast food and movie theaters, piercing seemed tame. While I didn’t build a career out of my time in the accessory industry, I still learned a great deal from that memorable summer. It goes without saying that being asked to puncture people’s ears teaches you a lot about responsibility. Beyond having a stranger’s fashion fate in my hands, I was learning the value of a dollar and how much I enjoyed financial independence. But what stuck with me well after I’d moved on to other jobs was the experience of putting people at ease. As much trepidation as being handed that piercing gun had caused me, the customers were often more nervous than I was. Often, I’d be working with little girls or young teens who would quickly begin having second thoughts the moment they saw my instrument

BRAIN & SPINAL CORD INJURIES

come out. I quickly learned to swallow my own concerns and be confident for their sake. I’d help them understand that everything was going to be okay, and they’d have beautiful earrings after just a quick pinch. That skill of helping others overcome fear has stuck with me for the rest of my life. I use it both as a mother and a lawyer, and I’ve seen the difference it makes. The clients Tom and I meet with are often facing some truly scary life changes. Being able to talk them through that uncertainty and help them see the legal path forward is one of the best parts of my job. Recently, my daughter, Heidi, (to my total surprise) asked to get her ears pierced! Amazed at how quickly she’s growing up, I took her to a store much like the one I used to work in all those summers ago. The procedure went well, and Heidi loves her earrings. As I watched the young, calm employee work with my daughter, I felt like my whole experience had come full circle! Finding myself on the other side of the process, I finally understood

BURN INJURIES

CONSTRUCTION INJURIES

NURSING HOME ABUSE

"To say it was a nerve-wracking start to a job would be an understatement... It's a miracle nothing went wrong."

SLIP & FALL ACCIDENTS

BOATING ACCIDENTS

just how much of a difference a steady hand can make.

TRUCK ACCIDENTS

–Chelsea Dickerson

PHARMACEUTICAL & DRUG INJURIES

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Live Free, Drive Safe A FOURTH OF JULY MESSAGE Our firm would like to wish everyone a happy Independence Day! Whether you go to a fireworks show or barbecue at home with friends and family, we hope you have a wonderful time. But if you plan on getting behind the wheel after the festivities, it’s important you do so safely — the Fourth of July sees some of the highest rates of drunk driving out of any other day of the year. The absolute best way to keep you and your passengers safe on the road is to abstain from alcohol during the celebrations. More often than not, “one beer” becomes several, and then people start making bad decisions. If you plan on enjoying some cold ones around the barbecue, make plans to take a ride-share, stay at your host’s house, or have a designated driver. A little inconvenience is better than risking your life and the lives of others. DO YOUR PART

The Guardian WhoWould Not Leave HisWatch ODIN LIVES UP TO HIS LEGENDARYNAME Amid the devastation of the wildfires that tore through California in the fall of 2017, a few heroic tales rose up to give people hope. One such tale was of Odin, a loyal Great Pyrenees guard dog. Along with his sister, Tessa, and eight rescue goats, Odin is part of the Hendel family. It was mid-October when the Hendels were awoken by the smell of smoke, a fierce orange sky, and sounds of destruction — urgent warnings from Mother Nature. Gathering everyone as quickly as they could, the Hendels got their human family members and Tessa in the car, but Odin, seated proudly next to the eight goats, refused to get in. Try as they might, the Hendels could not get him to come with them, and there wasn’t enough room in the car for the eight goats. With the firestorm quickly approaching and the risk of losing even more family members increasing with each passing minute, the Hendels made the heart-wrenching decision to leave Odin and the goats behind. The family made it to safety with Tessa in tow, relieved to be together but heartbroken that Odin and the goats weren’t with them. After several agonizing days, it was finally safe enough for them to return home and survey the destruction. What did the Hendels find? Ashes, rubble, their barn and home burned to the ground — and Odin. There he was, still guarding his eight goats and some small deer that had sought shelter with the brave canine. Weakened, burned, and limping, but nevertheless steadfast, Odin had never left his goats, even as the fire raged around them. Odin wagged his tail as he saw his family, happy to see they were also safe. The Sonoma County Wildlife Rescue and the Goatlandia Animal Sanctuary provided temporary shelter for the goats and pups while the Hendels rebuilt their barn. Odin received all the care he needed, along with a lot of love and treats. Today, Odin and his goats are back with their family, rebuilding their lives after this devastating wildfire. But the Hendels, and anyone who’s heard the story, won’t soon forget the bravery of Odin, the amazing pup.

Home Safe Home TIME TO REEXAMINE YOUR HOMEOWNERS INSURANCE

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IF YOU HOST

don’t pursue the vehicle to get this information. Attempting to confront the driver yourself puts you at risk and could land you in legal trouble. If you do run afoul of a drunk driver, we can help. Experienced auto accident attorneys like Tom and Chelsea Dickerson can help you get the compensation you need to regain your independence after a crash.

If you host a Fourth of July party this year, there are several steps you can take to keep your guests safe after the fireworks fade. For starters, make sure there are plenty of nonalcoholic options available; that way people don’t drink beer just to stay refreshed. Collecting car keys at the door and cutting off anyone who appears to have had too much are also very useful strategies. As a last resort, set aside a couch or guest room for someone who finds themselves inebriated and stranded. Unfortunately, you can’t always protect yourself from other people’s mistakes. Driving defensively and keeping a sharp eye out for erratic drivers is your best defense when behind the wheel on the Fourth. If you do spot a vehicle you believe is being driven by an intoxicated person, pull over and call the police. Ideally, you should give them the make, model, color, and license plate number of the car, but Buying homeowners insurance can do wonders for your peace of mind. Many of the “what ifs” we think about befalling our home are taken care of with homeowners insurance, right? Unfortunately, according to a survey by Consumer Reports, 3 in 5 Americans are underinsured, many by a significant margin. The next time you examine your policy, here are some things to keep in mind. COVER WHAT’S OVERLOOKED Many of the most visible elements of a home are covered by base-level personal property coverage. However, it’s worth making sure you have coverage for the important, less noticeable aspects of your home. Things like sump pumps and pilot lights aren’t parts of our house we think about every day, but when they break down, the results can be disastrous. Our sump pump failed about three years ago and we were grateful to have opted into an additional sump pump coverage. Without adequate coverage, getting a timely repair done is expensive. DO THE MATH Another key element that can be missed by first- time homeowners is factoring in the right amount of dwelling coverage into their plan. Dwelling coverage is essentially how much it would cost to OTHER DRIVERS

TAKE A BREAK

Juicy LucySliders

Inspired by Bon Appétit Magazine

ingredients

replace your home if it were utterly ruined by a disaster. There are plenty of online calculators that can help you estimate dwelling coverage, but there are several factors that these programs don’t account for. These include new building codes, remodels and additions to your home, and the ever- rising cost of construction. Even if your home is rebuilt brick for brick, factors like these can make the reconstruction cost more than initial estimates. PROTECT YOURSELF The last element of homeowners insurance people often underestimate is liability coverage. We like to think that no one will ever get hurt in our home, despite steep staircases, trampoline sets, and jumpy pets. However, if a guest does get seriously injured on your property, you could be on the hook for some serious medical costs. Thankfully, liability coverage is relatively cheap for the insurance market, so it’s not too hard to add more. The last thing you want as a homeowner is a costly surprise when you thought you were covered. The summer is a great time to reexamine your policy to make sure you’re ready for the rest of the year.

directions • 2 lbs. ground chuck beef, 20% lean • 8 slices melting cheese (like American, Swiss, Muenster, or cheddar) • 16 small potato rolls, toasted • Salt and pepper, to taste • Your favorite burger accompaniments 1. Divide beef into 16 evenly sized balls. 2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.

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inside

THIS ISSUE

Malls, Earrings, and Chelsea’s First Job A Tail of Bravery Live Free, Drive Safe How Much Homeowners Insurance Is Too Much? Take a Break Juicy Lucy Sliders A Bizarre Legal Loophole in Yellowstone

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Where to Get Away With Murder YELLOWSTONE NATIONAL PARK’S ZONE OF DEATH

When people envision a trip to Yellowstone National Park, they probably think about buffalo or Old Faithful. Most people wouldn’t think about murder, but there’s a section of the park where getting away with murder could be possible. In 2005, Michigan

because the area is under Wyoming’s jurisdiction. But under Article 3, Section 2, of the U.S. Constitution, trials are meant to be held in the state in which the crime was committed. That means you would go back to Idaho for your trial. Additionally, under the Sixth Amendment, the jury at your trial should be comprised of people who live in the state and district where you committed the crime. However, finding a jury that fits this criteria would be problematic. Prosecutors would have to construct a jury out of people who live in that 50-square-mile section of Idaho that is under Wyoming’s jurisdiction — and nobody lives there. To deny you a trial by jury would be unconstitutional, but no jury can be constructed. In theory, since there’s no legal way to prosecute you, you would get off scot-free. To date, no one has taken any serious effort to fix these loopholes. At the same time, no one has reportedly tried to commit a crime in the Zone of Death since its discovery. While its existence may seem troubling, the region remains little more than a peculiarity.

State law professor Brian Kalt first pointed out the legal loopholes associated with the tiny section of Yellowstone Park in Idaho. This remote region is now known as the Zone of Death. So, how could it be theoretically possible to get away with murder in the Zone of Death? To begin, Wyoming District Court has jurisdiction over all of Yellowstone. This doesn’t seem strange, but there are small parts of Yellowstone that are also in Idaho and Montana, which means that the Wyoming District Court technically has jurisdiction in other states.

If you committed a crime in the Idaho section of Yellowstone, authorities would send you to Cheyenne, the capital of Wyoming,

ADVERTISING MATERIAL: The choice of a lawyer is an important decision and should not be based solely on advertisements. This newsletter is provided to former clients, individuals who have contacted the firm regarding representation, and individuals who have requested to be on the newsletter mailing list. This newsletter is for educational and informational purposes only and does not constitute legal advice or direct solicitation for employment of the firm on any particular legal matter.

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