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Distasio Law Firm October 2019

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Distasio Law Firm October 2019

ISTASIO

OCT 2019

PERSONAL INJURY LAW

LIFE & THE LAW

(813) 259-0022 | www.distasiofirm.com

A SPECIAL MOMENT IN OUR EVER-CHANGING CITY The Perfect Time to Be in Tampa

W e tend to think of cities as places with a static set of features. New York is the “city that never sleeps,” Hollywood is Tinseltown, and so on. While some traits express the essence of a city, which may remain constant throughout the eras, the truth is that the character and personality of a city changes all the time. Right now in Tampa, things are changing pretty fast, but I truly believe there’s been no better time to live where we do. I feel pretty confident in saying this because I’m not a newcomer to the city. I’ve been here for nearly 30 years at this point. In fact, I was born here, but I have no recollection of my earliest days in Tampa. At the time, my dad was dean of students at the University of South Florida, back in the days when it was a tiny speck of a school. Before I was old enough to have a functioning sense of direction, we relocated to South Florida. Dad always talked about Tampa, and as a result, it became a place I envisioned in my mind often. I don’t know what I thought Tampa would be like, but it felt like the big city to me.

Of course, when I came back here in 1990, Tampa wasn’t all that urban at all. Some people may get irked when I say this, but back then, it was a glorified small town. It was a place where you knew your local 7-Eleven employees by name, and even if you didn’t know them, you could expect to be greeted with a warm and welcoming, “How are you today?” That sense of charm and familiarity is still here today, but it’s been seasoned with an increasingly metropolitan mix of infrastructure, real estate, and culture. If you asked me around the turn of the century if I’d bet on Tampa having a vibrant, walkable downtown in my lifetime, I probably would’ve

laughed. In those days, the country seemed only to grow more suburban and sprawling. Following a concerted effort to develop downtown community living, though, Tampa now has a sense of excitement and, dare I say, coolness that it never had before. We may not have the college town vibe of Gainesville, the political clout of Tallahassee, or the national renown of Miami, but I think our city is just as fun as any of those places. To live in a place that seems to get better all the time and to be able to service its community are things I don’t take for granted. I say we’re in a perfect moment because we still retain much of that small town charm that was here when I arrived. As the population grows, there’s always a risk of the city growing more anonymous and overwhelming, but I don’t really expect our streets to look like Times Square anytime soon. Who knows what years down the road look like, but for the time being and for the foreseeable future, Tampa is a wonderful place to be.

“We may not have the college town vibe of Gainesville, the political clout of Tallahassee, or the national renown of Miami, but I think our city is just as fun as any of those places. To live in a place that seems to get better all the time and to be able to service its community are things I don’t take for granted.”

-ScottDistasio

(813) 259-0022

THE MOST HAUNTED BUILDING IN TAMPA Buildings with historical significance are, for obvious reasons, often the setting for ghost stories. It comes as no surprise, then, that the Cuban Club in Ybor City regularly gets mentioned as the most haunted building in Tampa. The former Cuban cultural center, officially called the Circulo Cubano de Tampa, even showed up on the Travel Channel’s list of the 10 most haunted places in America. A Brief History of the Cuban Club The Cuban Club was constructed in 1917 on 10th Avenue and 14th Street in Ybor City, which was then home to a large population of Cuban immigrants who worked primarily in the neighborhood’s

cigar factories. The club replaced an earlier building with a similar function that had burned down years prior. Designed as a multipurpose gathering space for the community, the Cuban Club boasted a ballroom for weddings, library, bowling alley, theater, cantina, pool, and more. It’s still a concert venue and event space today and is listed on the U.S. National Register of Historic Places. If you were being cheesy, you might say the Cuban Club is one of those places where history comes alive. Some would argue it’s also a place where parts of the history remain undead. Countless spooky stories are associated with the club. People report elevators that move on

their own, pianos that play themselves, and cold spots that arise out of nowhere in the middle of summer. Two of the most famous paranormal residents are the ghost of Little Jimmy, a boy who drowned in the club’s pool, and the spirit of a performer who committed suicide during a failed performance. Various paranormal investigation groups have sought to definitively prove the Cuban Club is haunted, but surprise surprise, the evidence has been inconclusive. Whether you think the strange tales of the Cuban Club are a fun bit of malarkey or proof of the supernatural, we can all agree that they are testaments to the significance of the building in our collective history and imagination.

Jack-o’-lanterns are an iconic part of the Halloween aesthetic, but they can quickly backfire. If you carve your pumpkins too early, you may end up with a moldy mess on Halloween. The first rule of jack-o’-lanterns is to wait as long as possible before you start carving. Here are some other tips to help you achieve the perfect jack-o’-lantern this year. PUMPKIN SCREAMS 5 Tips for Longer-Lasting Jack-O’-Lanterns

FIND THE PERFECT PUMPKIN. A great jack-o’-lantern starts in the pumpkin patch — or in the grocery store if you’re short on time. Look for a fresh pumpkin with a sturdy, green stem, no bruises, and a flat bottom so it’s stable when you’re carving. Size and shape aren’t important, so long as the pumpkin sparks your creativity. Just make sure you don’t accidentally bring home a small sugar pie pumpkin, which will be harder to carve. WASH YOUR PUMPKIN. Before you start carving, mix 1 tsp of chlorine bleach with 4 liters of water and wash your pumpkin to help prevent mold. Be sure to wear gloves!

CUT FROM THE BACK. Cutting the top of the pumpkin is traditional, but it removes the stem, which helps keep the pumpkin fresh. It also threatens the structural integrity of the pumpkin. Cutting from the bottom is not good, either, because all the liquid inside the pumpkin will ooze out. For the best results, carefully cut a hole in the back of the pumpkin. APPLY PETROLEUM JELLY. After you’ve scooped out all the “pumpkin guts” and carved your masterpiece, apply a little petroleum jelly to the cuts. This will help seal in moisture. The Farmers’ Almanac also recommends spraying your pumpkin with anti- humidity hairspray to lock in freshness.

GO ELECTRIC. Using a real candle heats up the inside of the pumpkin, causing it to decompose faster. An LED tealight with a flickering effect will create that classic spooky jack-o’-lantern look and keep the pumpkin cool. Plus, you don’t have to worry about any trick-or-treaters getting burned if they accidentally trip over your pumpkin. These tips are to help your jack-o’-lantern last longer. When it comes to designs, feel free to let your imagination run wild! The best jack- o’-lantern is one you’re proud to show off on Halloween.

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www.distasiofirm.com

FORCED ARBITRATION IN NURSING HOMES

What to Know Before You Sign

G etting your loved one enrolled in a nursing home or other elder care facility involves signing a lot of documents. You should carefully read all of them, even if many are boilerplate pieces of paper concerning payment, personal information, etc. One document in particular you should be wary of signing right away involves accepting terms of “arbitration” in the event of neglect or mistreatment. Arbitration may just seem like a piece of legalese that won’t have much bearing on the care your loved one receives, but it is actually something to be incredibly mindful of.

When you agree to arbitration, you forego the right to bring lawsuit in open court should your loved one be abused or neglected while under care. Instead, you’ll sit before a private arbitrator who will decide the verdict and compensation related to your matter. Countless problems abound with this system. For one, your case will never be made public, so the nursing home won’t be held accountable outside of whatever payment you and your family receive. Second, arbitrators tend to be industry insiders numb to the neglect that happens in less reputable nursing homes. Statistics indicate they don’t often decide in favor of the plaintiff, and when they

do, they award less money. Obviously, you don’t want these things to happen.

The very existence of arbitration in nursing home cases is a controversial subject. During the Obama administration, a bill was proposed banning such agreements nationwide. However, those in the industry were able to challenge the ruling and delay its implementation. Just this July, the Trump administration eliminated any possibility of the ban going into effect. As the law currently stands, nothing prevents a nursing home from asking you to sign an arbitration agreement.

However, just because they offer it doesn’t mean you have to sign it. Often, a home will still accept an application without the promise of arbitration. If they don’t, you may want to seek other options for your loved one. After all, why would a trustworthy home refuse to admit a resident without the guarantee of arbitration? If you have any questions about arbitration or any other aspect of your loved one’s nursing home experience, call us at (813) 259-0022.