As the nation celebrates on Thanksgiving, this the fourth Thursday of the month of November, let us all give thanks.
From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked.
Luke 12:48
We hope you all enjoy your time with family, friends, and loved ones.
The injuries from a pedestrian vs. motor vehicle collision and motorcycle vs. motor vehicle collision are never minor. I just settled a pedestrian vs. motor vehicle collision that occurred in the Five Points area of Columbia, South Carolina. The client was lucky to be alive but his injuries were in no way minor and he had to undergo surgery.
As everyone knows in upstate South Carolina, especially throughout Anderson, Abbeville, Belton, Clemson, Easley, Iva, Oconee, Pickens, Seneca, and Westminster, rural roads can be the most dangerous. As The Greenville News indicated in their Sunday article entitled, "Highway Deaths Start to Rise":
South Carolina led the nation in the fatality rate on non-interstate, rural roads in 2009 with 4.7 deaths per 100 million vehicle miles of travel, according to numbers released earlier this month by the Washington-based nonprofit TRIP.
The news article was prompted from two separate motor vehicle collisions recently that resulted in five fatalities, the statistics are alarming for South Carolina drivers on rural roads.
I have had dozens of motorcycle collision cases and 99% of motorcycle drivers will tell you that they have to constantly watch out for other drivers in upcoming intersections, stop signs, and lane changes.
As for pedestrians on the rural roadways, you need to take every precaution possible. Since most rural roads dont have sidewalks, make sure you are facing oncoming traffic while walking so that you have time to react as the vehicle approaches. South Carolina Department of Transportation is doing their part with infrastructure and enforcement as indicated with the article "Safety Programs Target Rural Roads in South Carolina" listing these improvements:
South Carolina dog bite law adheres to strict liability when it comes to dogs biting or harming people, S.C. Code Ann. § 47-3-110:. The only defense would be if the dog was provoked in some way by the person that it attacked.
Recently the South Carolina Supreme Court rendered an opinion that helps in better illustrating the specific phrase of the dog bite law, "other person having the dog in his care or keeping." In Clea v. Odom Opinion No. 27029, the court determined that claims for strict liability and common law negligence could move forward against the landlord for a tenant's dog that attacked a child in the common area of the apartment complex. Citing Harris v. Anderson County Sheriff's Office, 381 S.C. 357, 364, 673 S.E.2d 423, 427 (2009) the court stated, the presence or absence of a duty determines liability in situations that involve a statutory claim against a person having the dog in his care or keeping. Id. at 365, 673 S.E.2d at 427. There are three scenarios under § 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises:
First, the dog owner is strictly liable and common law principles are not implicated. Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog. Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.
Although each set of facts in a case are unique to that particular case, the SC Supreme Court helps limit the dark corners for the at fault owner or keeper's liability insurance company to hide.
If you know liability insurance companies trying to hide from their duties to pay a fair and reasonable amount for the negligence of their insured, let me know.
RELATED ARTICLES:
On Saturday, July 30, 2011, a driver of a northbound 18 wheeler apparently fell asleep at the wheel causing his large tractor trailer to cross the median and run head on in to another semi-trailer traveling southbound on I-85 in Anderson, South Carolina. After the two 18 wheelers collided, the southbound semi-trailer's back end jack knifed and collided with an SUV towing a boat. Unfortunately, the drivers of the SUV and 18 wheelers were killed in the collision. Anderson Independent and Channel 7 News reported on this collision shortly after it happened and provided on the scene video of the incident, detailing the carnage and wreckage at the sight.
Channel 7 reports that the northbound tractor trailer driver that crossed over the median into the southbound traffic has been identified as 69-year-old Eddie Wyatt, of Rockmart, Georgia. It is believed from the Anderson County Coroner's Office autopsy Monday that Mr. Wyatt did not have any health problems and most likely fell asleep at the wheel.
Additionally, the driver of the northbound tractor trailer has been identified as Clay Johnson, 38 of Charlotte, North Carolina. The third victim, Jeremy Scott Wilson, 33 of Blacksburg, South Carolina, was driving the Toyota Tundra involved in the accident. Medics airlifted two other people to Greenville Memorial, who were in the SUV. It was a couple from Simpsonville Chris Schulve is listed in good condition at Greenville Memorial and his wife has already been released.
Driving interstate 85 every day from Greenville to Anderson for my daily commute to Trammell Law Firm, P.A., I can personally attest to the massive amounts of unpredictable traffic. You never can predict the actions of others but always be alert to others around you.
Anderson Independent published the picture below, video and story entitled, "Three Killed in Accident on Interstate 85"
Please Click on the link below for the video:
http://www.independentmail.com/videos/detail/three-die-in-head-on-i-85-truck-collision/
RELATED ARTICLES
I am fortunate to be getting married soon and in doing so we are moving to another home in downtown Greenville which we are renovating. Having enjoyed this one for close to three years, it's time to move on to the next rehab project. Real estate is my second professional passion after practicing law.
I bought this 3BR/2BA home from a Greenville County Master In Equity Foreclosure sale in early 2008 and before I left the courthouse that day was offered $20,000.00 more then I paid for it. I guess that was a good sign, I made a good buy. (That particular bidder had gotten there after bidding on this home ended, lucky for me). However, I wanted this house for my primary, residential home to live and walk downtown. It was an investment but not purely an investment. I wanted to enjoy it, too.
My best friend and I from college, Christopher Smith, started Smith & Mills, Inc. out of college rehabbing and buying foreclosure homes in 2000 when there was a slight recession and credit was good because we had no cash. We have never really profited any substantial gains on these properties but we keep our fingers crossed that they will be just as good as an IRA.
When I moved to Greenville, I was lucky enough to meet Royce & Jackie Dessaure because they have been a blessing when it comes to dependable, trustworthy, and cost minded contractors. They helped me jump into 103 Arlington Avenue and remove all the carpet, white tile, counter tops, and start the whole interior over again. We ended up putting in all hardwoods, except in the kitchen and bathrooms where we used slate flooring to provide that earthy, warm look. Then went with custom lighting, granite counter tops in kitchen & baths, fenced the yard, repainted the whole home, scrapped the ceilings to have the smooth finish, made a walk in closet off the master, satin nickel plate hardware and switch plates, landscaping and created a "dry bar" out of nook in the hallway.
All this could be yours. I talk and negotiate money everyday with insurance companies so I am just giving this home away at $183,900.00. Now of course we can negotiate some but you got to remember what I got into it. Bought for $95,000.00 + Repairs, fence, appliances, landscaping $75,000.00, + mortgage interest for three years $12,000.00. Hence you have the price listed above. Make me an offer I can't refuse and if I do refuse it, just keep moving up with your offer.
103 Arlington Avenue, Greenville, South Carolina 29601
Today several news outlets are reporting that the "ivory tower" defense firms are finally coming clean with their smoke and mirror marketing and admitting that their term "litigation firm" means-only litigating against everyday people for the all powerful insurance companies that pay them hundreds ($300's) of dollars an hour.
This fact is commonly known throughout the hard working, for the people, doing it for justice, workers against evil, otherwise known as Plaintiff's Attorneys, who strive to right the wrongs of the Evil Empire, aka insurance companies. A big move that has many lawyers scratching their heads as to why these firms made of gold, silver, and ivory off the sweat and torture of young associates for 7-10 year spans, all on the promise of a few gold coins more, would come clean after all these centuries.
Ben Dover of Soma, Baughty, Goinia, Paye, LLC, said, "Well, it doesn't appear like the public is getting any smarter and they sure do forget things pretty quickly. We didn't think this would be any different. Stupid is as stupid does." Mr. Dover has a point considering the inundated insurance jingles and coarse hands that consumers seem to believe over actually seeking out the advice of an attorney that works for them and educates them on how insurance companies make money.
Mary A. Richman and Robin Banks of Wie, Love, Monet, agreed that it was time. "Given the amount of money we spend on a yearly basis to take those fools to strip clubs in the Legislature, just to have them at our call and beckon, we knew no one could beat us in making laws, through legislators, " said Richman.
No comment could be found available through any of the following litigation firms: Smith More Leatherwood, LLP, Turner Padget Graham & Laney, P.A., Gallivan White & Boyd, P.A., McAngus Goudelock Courie, LLC, Nelson Mullins Riley & Scarborough, LLP, Nexsen Pruet, and McNair Law Firm, P.A. .
If you see any of the above attorneys out and about please ask them about this most recent development on this, the 1st of April, commonly referred to as "April Fool's Day".
(Last year on this same day, I was hired by Allstate to handle their claims.)
The rash of moped fatalities, hit and runs, and just plain moped accidents have been on the rise this year in South Carolina. The Greenville News brought focus on this issue in their article, "Moped Deaths Raise Safety Concerns." I don't think I realized how flexible South Carolina laws are on moped drivers:
Drivers with suspended licenses can ride mopeds for up to six months before they have to get a moped license. The minimum age for driving a moped is 14, a year younger than in Georgia and two years younger than in North Carolina.........only moped drivers under 21 must wear helmets under South Carolina law.
None of the moped drivers involved in the fatal accidents wore helmets and all were under 21. I guess that goes towards the old saying that, "the only good laws are those that are enforced."
Another interesting point is that all these moped drivers are not required by law to carry liability insurance on their mopeds. Although they havent been the ones causing the accidents there are little to no options if they were to cause accidents or were involved in accidents with vehicles that have no insurance.
One thing I try and avoid is conversations over politics and religion. I am not registered to any political parties and I have voted for Republicans and Democrats in the past few elections. That being said, I am a proponent of democracy and having the right to vote.
Please make sure you take advantage of the rights fought so hard for you and your family by ensuring you are registered to vote in your specific county by October 2, 2010. South Carolina has a website that is so easy to navigate and verify your registration in less than a minute: http://scvotes.org/.
As the Anderson Independent pointed out in it's article,"Voter Registration Deadline is Oct. 2", It's important to remember that you will need to register to vote if you have moved from one county to another (need to register in the new county).
If you are not registered, there are several, quick and easy solutions that only require a few minutes of your time. You can also read over proposed 2010 State Constitutional Amendments.
South Carolina General Elections are Tuesday, November 2, 2010. Read up on the candidates and vote.
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." Thomas Jefferson
South Carolina hospitals are addressing an issue that may save hundreds of lives by simply looking over a checklist after surgery. Much like a pilot does prior to take-off, surgeons would have a checklist devised by an international patient safety guru, Dr. Atul Gawande. It appears Dr. Gawande has even written a book entitled, "The Checklist Manifesto". As Malcolm Gladwell comments about the book:
Gawande begins by making a distinction between errors of ignorance (mistakes we make because we don’t know enough), and errors of ineptitude (mistakes we made because we don’t make proper use of what we know). Failure in the modern world, he writes, is really about the second of these errors, and he walks us through a series of examples from medicine showing how the routine tasks of surgeons have now become so incredibly complicated that mistakes of one kind or another are virtually inevitable: it’s just too easy for an otherwise competent doctor to miss a step, or forget to ask a key question or, in the stress and pressure of the moment, to fail to plan properly for every eventuality. Gawande then visits with pilots and the people who build skyscrapers and comes back with a solution. Experts need checklists–literally–written guides that walk them through the key steps in any complex procedure.
Liv Osby of The Greenville News wrote an article on Sunday, September 19, entitled "List Could Put Check on Surgery Deaths". In her article it was interesting to read phrases like "serious surgery complications", "we're doing the right thing for the patient", and "this could save many thousands of people from harm". All due to a simple checklist of 19 functions, including marking the area to be operated, verifying the patient's identity, and discussing any special risks.
This is not a new concept as a very similar article on the same subject was written by the The Washington Post entitled "Surgery Checklist Lowers Death Rate", back in January of 2009. However, I was happy to not hear anything about Medical Tort Reform and this being a result of trial lawyers but a simple article indicating accidents happen in the medical field and they happen at a high rate. As the article indicates:
..every avoided complication saves $13,000.00 on average, the checklist would also cut annual health care costs statewide by more than $50 million....
Another important point made by Dr. Gawande, is that every professional could benefit from a checklist of the simplest tasks that would avoid a great deal of trouble down the road.
After reading Rick Spruill's article in the Anderson Independent about the revenue brought in from traffic citations in Anderson, a line from the song in The Dukes of Hazzard, came quickly to mind:
"Making their way the only way they know how but that's just a little bit more than the law will allow."
Mr. Spruill reported that over the past few years, Anderson has brought in over $1,868,218 in revenue from traffic citations. More specifically the break down is as follows:
Anderson city traffic fines, 2005-2009
2005: $306,506
2006: $343,566
2007: $313,139
2008: $468,968
2009: $436,039
So we had a recession and some money had to be made up somewhere? The best part of the article is the last paragraph where Mr. Spruill was inquiring with Capt. Jim Stewart about quotas. Capt. Stewart denied that there were in ticket quotas but said they do compare from year to year.
Capt Stewart stated:
“We keep count to see how we compare and to track trends,” he said. “The number one priority of road patrol is not to issue tickets, it’s to reduce injuries and fatalities. There are a lot more cars on the road and a lot of our wrecks come as people are entering and leaving a business.”
It sounds so simple but so many people I interact with from Greenville, Anderson, Oconee, Seneca, Clemson, and the remainder of South Carolina, have a hard time understanding that lawyers are not doctors.
If you are hurt, hurting, in pain, or otherwise not in the same physical, mental, or emotional state you were in prior to some traumatic injury, or incident, then you should seek medical advice. Doing this simple act can help you on several fronts:
Having grown up in the rural area of Prosperity, South Carolina and now working for people from similar areas of the state, the comment:
"I dont like going to the doctor. They are just going to give me medication and run up a lot of bills."
is a comment I hear all too often. However, try telling that evil insurance company that you are hurt, hurting, in pain, or otherwise not in the same mental, physical, or emotional condition you were in before ____________. (fill in the blank-wreck, slip & fall, dog bite, injury at work, and/or negligent product).
Try figuring out a reasonable and fair amount to be compensated for your injury when you are the only voice or piece of evidence in your favor. Think that evil insurance company will believe you more or a disinterested third party that has no interest in the outcome?
I know, most times the evil insurance adjusters wouldn't believe they were on fire if they saw their skin melting but you can only do your part as a reasonable person. Leave the insurance fighting to those that do it all the time and fight for your rights--trial lawyers, aka Trey Mills.
Now-a-days people always talk about everyone being a winner and I am not someone that subscribes to that theory. In competition, not everyone can be a winner. However, participating in The Leukemia & Lymphoma Society South Carolina Man & Woman of the Year Fundraiser may be a more appropriate time to indicate everyone as winners.
There were five contestants, two females and three males, vying for the title but more importantly they were doing so by raising money for the fight against blood cancers such as leukemia, lymphoma, and myeloma. The South Carolina Boy of the Year was Josey Hale. The South Carolina Girl of the Year was Nadia Morris-Young.
The turning point in all this was realizing close to 15 years ago, I was a patient that was recognized to give a face to the fundraising and physical efforts to a Team in Training as they prepared for a marathon.
As I talked with Josey and Nadia last night, it struck me how many blessings I had been given to be healthy and in a position to help an organization that assists so many. It's nice to be reminded of the wonderful opportunities every day brings.
The opportunity to see life come full circle from patient to Man of the Year was amazing. No doubt a wonderful reminder of God's grace, glory, and presence. I certainly felt a momentary shudder as I had a sense that my Mom was looking down on me, as well as, a good friend that lost her battle with cancer as we were going through the trenches together. Peace be with you.......
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Every 4 minutes one person is diagnosed with a blood cancer.
I was one of those people 14 years ago and as of March 13, 2010, I am embarking upon a ten (10) week fundraising effort to raise $15,000.00 for the Leukemia & Lymphoma Society.
Every dollar counts as one vote, and the titles are awarded to the man and woman with the most votes at the end of ten weeks; the top local fundraisers in the country win the national titles.
Funds raised by the Leukemia & Lymphoma Society Man & Woman of the Year participants are used for:
Get in the game and start supporting this cause. If not for me, for the cause itself. I would appreciate any financial assistance you could provide. Yes, I am financially contributing thousands of dollars that I am not counting towards the $15,000.00 goal, so you are not alone.
Go to the Leukemia & Lymphoma Society Man of the Year personalized website to donate! Or by clicking here.
http://scar.mwoy.llsevent.org/pledge/index.cfm?mid=TREYMILLS
I have previously written about my cancer experience and after you donate money feel free to read it. If you don't donate money, you can't read it.
The Anderson Independent was reporting that a young lady, Julie George, was charged with one count of felony driving under the influence involving a death for an accident that occurred in Anderson County on Friday, March 5, 2010.
According to the South Carolina Department of Public Safety, this was the tenth death in a motor vehicle crash this year in Anderson County, the highest year-to-date of any county in the state. Ms. George admitted to texting while driving in the moments before the wreck and was unable to pass preliminary alcohol tests.
The driver that Ms. George struck head on and fatally injured had a 7-month old child and fiancee.
I was stepping out of my car onto a curb the other day in downtown Greenville, South Carolina and heard my left foot "pop" three quarters of the way up the foot on my left side. I immediately felt pain and could not put weight on my foot. I went straight to the nearest emergency room, which was St. Francis Hospital.
The nursing staff and front end people were amazing. They got me in, took my information, got me back to a room in less than thirty minutes. The x-ray technician came and wheeled me into the x-ray room and then carted me back. All that was done within an hour and half. Amazing and I was impressed (at that point).
Then I felt I was living in Dr. Seuss' "Waiting Place" from Oh! The Places You Will Go. Finally a PA, or physician's assistant, came in and pushed around on the area I indicated was in such pain. I jumped around of course as she did that and she made the comment that maybe she should go look at the x-rays. Really!? The ones you ordered before you ever saw me?
Lastly a nurse comes in and gives me an Ultram tablet and says they are going to wrap the broad side of my foot in an ACE Bandage. Really!? Why? What was the results of the x-rays? Why can I not put weight on it?
No doctor, no consult as to the result of the x-ray, no explanation as to what is wrong with my foot if nothing was broken. Or were they just going to send me home with a fracture to follow up? Did I mention that outside of nursing staff I had billing come back and take my $250.00 co pay for my ER visit? Money paid and claims will be filed on my health insurance but for what? I got a form that says I saw a doctor. I never saw a doctor. Do you think I will be charged for seeing one?
When I responded I wasnt leaving until someone explained the results of the x-ray, the possible diagnosis, what I could do to get better, and what I needed to watch out for, they sent the PA back in. She apologized for it being so hectic (calmest ER I have ever seen and my mother was ER nurse at Lexington Medical Center for 15 years-so I have seen hectic ERs) and then told me I had a sprain.
Fast forward two weeks and I am still in pain and can not put much weight on my foot. I go to Anderson Medical Center, they refer me to Blue Ridge Orthopedics and low and behold, x-rays reveal a broken metatarsal bone in my foot (one of the bones that leads to your toes).
Important things to take from this:
An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone's alcohol level. Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).
This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment. However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).
I am willing to bet the two drivers that got charged with felony DUI's this past weekend in the upstate did not think they would kill someone when they got behind the wheel. YET THEY DID.
My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation. I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right. Call a cab, friend, or just have a sober driver.
Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver's insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.
Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.
The Greenville News reported:
The South Carolina Supreme Court dismissed disciplinary charges Monday against an Upstate personal injury lawyer known for his catchy television ads, putting an end to a years-long legal battle over whether one of the attorney’s ads aired years ago made misleading promises about protecting jobs.
This investigation arose out of a letter from an anonymous complainant (most likely a competitor) that argued an advertisement Joel Bieber began running in December of 2003 left the impression that hiring Bieber would mean a client wouldn't lose his job.
Joel Beiber's ad stated this:
It's not your fault that you were hurt on the job, but I know you're afraid to file a job injury claim. You're afraid your boss won't believe you're really hurt, or worse, that you'll be fired. We'll protect you against these threats and these accusations and work to protect your job.
Bieber, who pulled the ad following the complaint, stated that the ad asserted only that he would work to protect a job and offered no guarantees.
All lawyers, more specifically as it pertains to advertising personal injury lawyers, must adhere to the Rules of Professional Conduct. Those Rules specifically outline communications lawyers can make as to their services.
A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer's services. A communication violates this rule if it:
(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;
(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;
(c) compares the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated;
(d) contains a testimonial; or
(e) contains a nickname, moniker, or trade name that implies an ability to obtain results in a matter.
At some point every male that participated in the Outstanding Men of Greenville Bachelor Auction last night was propositioned, pinned, cajoled, and otherwise guilt tripped into helping out for a good cause by Shay Hewitt. I got caught when I was hanging out at the bar at Rick Erwin's after a sales pitch by Chris Norton of Walton International. Ms. Hewitt came over working the crowd and discussing the amazing things that she has been involved in with her designing and event planning for good causes.
Next thing I know, I am at Sassafras in Greenville walking in front of a bunch of women with wine and other drinks trying to raise money by auctioning off myself. Fortunately for the fundraising part of this event, all was not lost and even I brought in several hundred dollars in bidding. I didn't even have to give the signal to my cousin in the crowd to keep me from going too low. ( I had provided her with crisp 100's to assist with a recession like market).
This week is/has been full of charity events and pro bono opportunities. (Don't forget about the YMCA's Blue Jean Ball for Camp Greenville). It's good timing for giving back considering the recent passing of a local physical therapist, Scott Shuey. A man that lived his life in such a way to make you envy the purity and goodness of it. Scott worked several doors down from my office and I would see him come in after receiving both his diagnosis and subsequent treatment. He went from a physically fit man to a physically fit bald man. He continued to do the things he loved and garnered the love and support of his community as his positive spirit and triumphant attitude reigned supreme. Then news came from MD Anderson that all had been done that could be done. Scott returned back to his earthly home before returning to his heavenly home.
This week has been hard for me as a cancer survivor. I am reminded of my mortality, my second chance at life and the most precious thing of all...... time. The extra time I have been given to share with those I love. The extra time I have been given to help those in need. The extra time I have been given to make a positive impact on this world.
But the one who does not know and does things deserving punishment will be beaten with few blows. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked. Luke 12:48
Watching the Little League Baseball Tournament this weekend you couldn't help but notice those patches stating, "I Won't Cheat." They made me think back to a time when I was growing up and they had the "Just Say No" crew come in and give a pep rally of some sort to us in elementary school. That was a good time to catch us because we were energetic and wanted the t-shirts but the peer pressure hadn't really started to come yet. Give it a few more years and the majority of students chanting "Just Say No" had turned that into, "Just Give Me Blow".
I am not proud of myself but two short years after this courageous campaign by Nancy Reagan with "Just Say No", I gave up trading baseball cards to selling smokeless tobacco and cigarettes. I never did either but saw an opportunity to make a buck (sound familiar Philip Morris?), used the five finger discount from local stores and sold them to kids in school. It was a good market till someone snitched and I took a five finger lesson to the face from my mother. I don't think I ever stole anything again after that lesson. Plus I had to pay back the stores. No slogan needed, experience took hold.
I have always enjoyed being an entrepreneur and little did I know as I got older, politicians make the rules so you don't have to steal "illegally" anymore. You play by the rules and you can do just as much harm. The first non-profit I formed was not to give back to the kids but to help with tax breaks. What's the difference in stealing and doing a good deed? Legislatures already beat me to that moral decision, you can do both at the same time just play by the rules.
Mark Sanford, our infamous South Carolina governor, forgot about those strong family values he had platformed on for so long. He traded those in for infidelity and adultery. I am sure he knew the Ten Commandments and right vs. wrong. Yet, still he stands as this state's governor. It just goes to show no matter what catchy slogan, guidelines, Commandments, or rules you try and memorize, if you don't follow them and let your actions do the speaking, then catch phrases are just cheap sew ons.
I just came back from vacation to New York City and Rio de Janeiro. As far as my experiences that relate to this blog, I was amazed at how aggressive, reckless, and yet effective the drivers of any form of transportation drove in those areas without colliding with ANYTHING.
I have traveled by taxi in NYC before but Rio made NYC look like a kiddy ride. Three lanes of traffic, meant 5 wide and motorcycles racing in between. This included the mass transit buses that weaved in and out of traffic better than the motorcycles. We took the subway, taxis, buses, and walked throughout each city and I could not help but thinking about all the wreck cases I get in a small, rural community in the Golden Corner of South Carolina.
However, in these huge metropolitan cities I never saw an incident. I am sure other bloggers in those areas could fill me in with statistics but from a brief observational standpoint, you would think incidents would be higher. Yet, considering the majority of the drivers are professional, ie taxi cab drivers, mass transit, and other courier services, that could be the reason.
Regardless, I encourage all my past, present, and future clients to take advanced driving courses before they head out of the state or out of country with the intentions on driving;
Happy Trails to you.
All this week and through the weekend, South Carolina attorneys that fight for the rights of those harmed by the ignorance, negligence, or omissions of others are learning, being reminded of, and networking with like minded professionals.
The South Carolina Association of Justice conducts its annual convention down in Hilton Head Island, usually during the first weekend of August. A wonderful lineup/itinerary for all trial attorneys that provide assistance to plaintiffs in the state of South Carolina and throughout the United States.
Fortunately the backdrop of this convention is set in Hilton Head at the Westin Resort on the coast of the Atlantic Ocean. In an effort to fight more fervently for my clients and those future clients I may have, I have reluctantly forged down to the coast for this "intense" weekend of learning, networking, and being reminded of why I work so hard.
*A picture of Westin Resort in Hilton Head Island, SC.
Today, a boy heads off on his journey to become a man. Actually he is already a man but he leaves the nest to forge out into the unknown realm beyond the darkness, aka the real world. Our sometimes legal advisor, sometimes paralegal, sometimes runner, sometimes receptionist and most times web surfer extraordinaire; completes his four year post graduate internship to follow in the footsteps of his father and embark upon law school.
Roy and I started working at the Trammell Law Firm, P.A. about the same time in 2005. I was new to the Anderson area and he was an excellent host. It was hard to manage the employer/employee relationship given our interconnected social explorations in the hot Electric City nightlife but all worked out just fine. One thing is for sure, he would answer the call late into the night and come bail you out of any trouble. The sign of a true friend.
I will miss the "What's going on, dude!?", salutations I often overheard Roy solicit to clients, staff, attorneys and the like. My nerves may be a little more at ease from not worrying about his caring and kind heart wanting to reach out and help someone, albeit at the expense of providing them legal advice or direction over the phone. Hopefully before he leaves he will give me one more, "What you got going on this weekend, dog?"
Well wishes and high marks are wished upon you, Roy. May your travels up to the Northern states be safe and your pursuits at Thomas Cooley Law School be successful.
Given all the local marketing we have done lately, Trammell Law Firm, P.A. wanted to take that a step further and join the World Wide Web of marketing and social networking. Enter Trammell Law Firm, P.A. to Facebook. Become a Fan of Trammell Law Firm, P.A. today and keep up with the exciting lives of those working hard to fight off the evil empire of insurance companies.
In the past 24 hours, two people have died as a result of traffic fatalities on I-85 in or around Anderson County:
The South Carolina Department of Transportation provides "real time" traffic cameras for stretches of I-85 in Anderson County. However, the most dangerous stretch of I-85 starts at the Georgia border to about Exit 19 in South Carolina. Road construction is being performed from Exit 11 to Exit 19 on I-85, as indicated on the SCDOT Traffic Advisory website.
Given the varying construction projects that are ongoing in the area and the myriad number of tractor trailers that pass through this stretch of interstate on any given day, several legal issues could arise:
These were recent pictures taken of I-85 from Exit 19 to Exit 11. Working in Anderson County, we are familiar with the area, law, and roadway conditions.
The Anderson Independent was reporting "Traffic Deaths Down in South Carolina for First Half Year":
However, there were 11 traffic related deaths in the state of South Carolina during the Fourth of July Holiday weekend. As far as Upstate South Carolina is concerned, those traffic deaths have included:
South Carolina Highway Patrol considered these declines in traffic fatalities to be in strong part due to seat belt use and sobriety enforcement being at an all-time high in the state.
I encourage everyone to wear your seat belts and don't drink and drive! Let's keep these numbers dropping every year.
As Tim Morgan, a spokesman for the Pickens County Sheriff’s Department, said in regards to traffic fatalities:
“If you have one, if it is your family member, that is one way too many. We don’t wait to look at numbers. We get involved.”
I graduated from Mid-Carolina High School in 1996 after having gone through some trials on a personal level and then actually living to come back 13 years later as the commencement speaker was not only emotional but very special, to say the least.
It was great seeing all the talented, hard working, dedicated, and truly special teachers that impacted my life a decade or more ago, still passing along their gifts. The new high school facility is amazing and I am so happy to see those educators, administrators, students, and parents being provided the framework. They already had the content, now they have the beautiful exterior cover.
Thank you Mid-Carolina for having me. I have posted the transcript of my speech online and you can click on Mid-Carolina Graduation Speech 2009-Trey Mills for those that had requested same.
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The amount of traffic and pedestrian fatalities seemed to be one article after another this past week/weekend. As summer begins don't let your focus change. Always remember your duties to be responsible on the roadways of South Carolina. Here were some of the articles reported by The Greenville News & Anderson Independent:
Belton Woman Faces Charges After Fatal Wreck-as reported by the Anderson Independent-A 21-year-old woman, Kelly McCoy of Belton, was arrested and charged with felony driving under the influence and open container after a wreck that killed 56-year old Jack Hall Jr. of Fork Shoals. McCoy was driving her 2005 Honda north on Fairview Road when she crossed over the center line and struck Hall’s Chevrolet pickup truck, killing him instantly.
If you, a loved one, friend, family member, and/or enemy need a free consultation after having been injured as a result of someone's ignorance, negligence, or omission, please feel free to call upon an experienced personal injury attorney that can assist you in this delicate and confusing process.
Remember:
"Insurance companies don't make money paying it out in claims. They make money, keeping it away from you. Personal Injury attorneys make money based on a percentage they get for you from the insurance companies. Whose interest are aligned with yours and whose interest are not aligned with yours?" --Trey Mills
Our South Carolina Governor, Mark Sanford, has been in a long and very publicized battle with the General Assembly over how to appropriate the State Fiscal Stabilization (SFS) funds under the American Recovery and Reinvestment Act of 2009, aka Federal Stimulus monies, allotted to South Carolina. The battle has finally come to a head with the South Carolina Supreme Court ruling in Edwards and Williams v. State and SCASA v. Sanford:
We hold under the circumstances presented that a writ of mandamus is warranted and issue a writ of mandamus* to compel Governor Sanford to apply for the SFS funds and take all legal and necessary steps to effectuate the State’s receipt of the SFS funds for the purposes as set forth by Congress.
*(Excerpt from the case explaining writs of mandamus)
The Supreme Court has the power to issue writs of mandamus. S.C. Const. art. V, § 5; S.C. Code Ann. § 14-3-310 (1976). Mandamus is the highest judicial writ known to the law. Brackenbrook N. Charleston, LP v. County of Charleston, 360 S.C. 390, 400, 602 S.E.2d 39, 45 (2004). It is a coercive writ which orders a public official to perform a ministerial duty. Wilson v. Preston, 378 S.C. 348, 354, 662 S.E.2d 580, 582 (2008); Ex Parte Littlefield, 343 S.C. 212, 222, 540 S.E.2d 81, 86 (2000).
For a writ of mandamus to issue, the following must be shown: (1) a duty of the Respondent to perform the act; (2) the ministerial nature of the act; (3) the Petitioner’s specific legal right for which discharge of the duty is necessary; and (4) a lack of any other legal remedy. Wilson v. Preston, 378 S.C. at 354, 662 S.E.2d at 583. A ministerial act or duty is one which a person performs because of a legal mandate which is defined with such precision as to leave nothing to the exercise of discretion. Id. at 354, 662 S.E.2d at 583
(Picture from The State article entitled, "Stimulus Battle Might End by Weekend + Video")
The Greenville News reported on the alarming rise in dog bites against US Postal Carriers:
The postal service’s Greater South Carolina District, which has 995 city carriers and 1,448 rural carriers, has had a “shocking” increase in dog bites in recent months, the agency said......
Harry Spratlin, spokesman for the USPS Greater South Carolina Performance Cluster, said it’s difficult to pinpoint a cause for the rise in dog bites to letter carriers.........
“Even small breed dogs have the potential to inflict injuries that can threaten a carrier’s career. Our best approach is to issue an appeal to all dog lovers: please, be responsible owners: control your pets.”
If you have been attacked by a dog, either on the job or off the job, you may have a cause of action against the dog's owner or keeper. South Carolina's law on dog bites is clear:
S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.
Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. .... If a person provokes a dog into attacking him then the owner of the dog is not liable. (emphasis added).
I have covered this topic in a previous post in more depth. Please click on the link below to learn more about South Carolina's law on dog bite incidents.
The Greenville News had an interesting article entitled "Medicine Too Costly for More Patients". The article stated:
The national recession is forcing more people to seek help getting their medications or to leave the drug store without their prescriptions once they learn what they'll cost.
The article referenced the Partnership for Prescription Assistance as an option for those without insurance or health benefits. However, I found some of the most helpful resources to be in the comments part of the article.
Klady wrote: "CVS, Walmart, Target and Walgreens all have a generic program in which you can receive a 90-day supply for $9.99 as long as your medication is on the list. The list has about 300 medications on it, so there is a good chance that doctors would prescribe something off of this list if you ask." (My research showed that Walmart & Target actually offered $4 generic drugs and Target had the most consumer friendly website)
Isuheidi wrote: "AnMed Health pharmacies also offer more than 230 generic drugs for only $5. You can find a list of the $5 medicines at www.anmedhealth.org."
The rest of the comments debate the health care industry and the pharmaceutical industry. Another time and place for that article.
The South Carolina Commission for Minority Affairs has a list of all the Free Medical Clinics by county. Some of the relevant ones are pasted below:
An aside: I find it to be quite racist that the SC Commission of Minority Affairs thinks only minorities need Free Clinics. This listing should be on all the public health and community related websites paid for by SC gov.
WSPA Channel 7 and the Anderson Independent are reporting that:
Christopher Adams, 35, of Starr suffered multiple injuries and died in surgery at AnMed Health Medical Center in Anderson shortly after 12:30 a.m. Saturday.
The accident happened around 9:45 p.m. Friday when the driver of the pickup truck, Robert Sisk III, 30, was traveling east crossing over S.C. 81 South at True Temper Road about four miles south of Anderson, said Lance Cpl. Jeff Gaskin of the South Carolina Highway Patrol.
The 1999 Ford truck struck the 2008 mo-ped, which was traveling north on S.C. 81 South, Gaskin said.
Sisk, of Airline Road in Anderson, is charged with failure to yield the right of way.
Our thoughts and prayers go out to both families as they deal with this difficult time. Unfortunately, one never knows when a freak accident can occur. Please make sure you have your loved ones, friends, and even your enemies taken care of in times of need. It starts with:
If you or your loved one has been injured in an accident, or as a result of another person's ignorance, negligence, or omission, please feel free to call upon us at 864-231-7171 or toll free at 1-800-483-0880.
The Greenville News reported on the morbid subject of teen driving fatalities in some upstate South Carolina counties and how to make younger people more aware of these realities. The article indicated that:
Despite adults' best efforts, the number of teens who died in Greenville County traffic wrecks barely budged in 2008, even as overall traffic deaths fell 20 percent. The numbers were better in Anderson County, where teen traffic deaths plunged 73 percent.
Parents, educators, legislatures, comment makers, and students are offering solutions and ideas:
Related Articles and Resources:
Wren Student Deaths are Reminder of Community's Tragic Past
Welcome to the Unofficial Guide to Your South Carolina DMV - (all you need to know about South Carolina's Department of Motor Vehicle's rules and regulations for young drivers.)
Those are the top three Google searches when you Google "Trey Mills". However, it is weird that I have met another Trey Mills that also graduated from Clemson and is a lawyer. Not quite the game of Six Degrees of Kevin Bacon but interesting all the same. Then again, since I am officially Floyd S. Mills III and I go by "Trey", sign my name "Trey", and introduce myself as "Trey", does that make me THE TREY MILLS?
Well, I guess this should be lead article in any Google searches of "Trey Mills".......................... and your Google Juice is mine.
Recently two things happened that made me realize I should help highlight this point for my fellow South Carolinians.
In Mr. Shigley's article he highlights the pertinent parts of the Georiga Rules of Professional Conduct that are very similar in South Carolina. The most important thing to remember is that, as attorneys, we can not contact you or have someone (investigator, life planner, "fill in whatever foo foo bullshit title") contact you on our behalf after you or a family member has been in an accident.
There are stories about the Graniteville train accident, where out-of-town law firms had "runners" working cover as Red Cross workers to get clients. That's wrong! (It was said, "All you had to do was look at the airplanes parked at the small community airport to tell something was up.")
Last year, I personally had a local attorney solicit a client away from me and I reported them for their bullshit, selfish, arrogant, and unethical act. They had an investigator waiting on my client when she got home that informed her that he had been working on her case and had an attorney that had also already been working on her case. (They didn't anticipate her coming to a law firm prior to them getting to her.) That attorney came to her house, signed her up, and said they would take care of the "other attorney", aka ME!
I expressed it with comedy in my rewriting of "I Already Got an Attorney?" but it really pissed me off. I just could not handle getting in another fist fight and having my name in the paper, so I put it on my blog.
Rule 7.3 Direct Contact with Prospective Clients
(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment from a prospective client by direct written, recorded or electronic communication or by in-person, telephone, telegraph, facsimile or realtime electronic contact even when not otherwise prohibited by paragraph (a), if:(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer;
(2) the solicitation involves coercion, duress, harassment, fraud, overreaching, intimidation or undue influence;
(3) the solicitation concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person solicited or a relative of that person unless the accident or disaster occurred more than thirty (30) days prior to the solicitation;
(4) the solicitation concerns a specific matter and the lawyer knows, or reasonably should know, that the person solicited is represented by a lawyer in the matter; or
(5) the lawyer knows, or reasonably should know, that the physical, emotional, or mental state of the person makes it unlikely that the person would exercise reasonable judgment in employing a lawyer.
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