I have been trying to tell everyone as loudly and as often as I can, Allstate Insurance Company is evil. Finally someone from within the Allsnake lair sought the warm sunlight through the confession of his sins against humanity while working as an employee of the snake.

Tony Bartelme, with The Post and Courier , reported "Storm of Money: Insider Tells How Some Insurance Companies Rig the System." The insider was actually an Allstate employee and I’m sure Mr. Bartelme was wanting to use a broad stroke but let’s keep our eye on the head of this evil snake-Allstate.

Since it’s hard enough to encourage people to read, I will provide very simple, concise, excerpts from the article for those individuals in a rush so that they may better visualize those good hands  wrapped around your throat:

  • Colossus is a program that calculates how much a person might be paid for an injury claim;
  • Mark Romano was the Allstate insider that came forward in the article and was considered Allstate’s Colossus “subject matter expert”;
  • Romano discovered that if he used Colossus the way Allstate did, he could save its new Encompass division millions of dollars by “turning the knobs” of the software — paying people less in claims than they would have otherwise gotten;
  • In South Carolina, for instance, CNA had divided the state into two territories — the “Liberal” area around Charleston and the “Conservative” region elsewhere. Allstate renamed the territories “Charleston” and “Palmetto.” By using Allstate’s Colossus tuning methods instead of CNA’s, Romano could reduce payments in the Palmetto region by 18 percent. Savings were even greater in the Charleston area — a 57 percent reduction. That meant the Allstate version of Colossus would turn a $10,000 claim in Charleston into a $4,300 payment!;
  • People were being hurt by Colossus, and it was tearing him apart. He couldn’t turn the knobs anymore;

I know you are already tired of reading the obvious points that are being made about how evil Allstate Insurance Company has been over the past few decades. Don’t worry, it won’t effect your life until you are violently, rammed by someone covered by Allstate. Then when you suffer through your injuries for months and an Allstate insurance adjuster enters your information into a computer software program, manipulated to low ball you,-you might just remember why I was jumping up and down while pointing. 

Imagine that, Romano even published a short report entitled, "Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims."

WAKE THE &^%^& UP CONSUMERS!, will be the title of my new book.

 

Guest post contributed by Carlos Santiago*

 

Depending on the source, statistics regarding the likelihood of a pit bull attack vary widely. For example, the website DogsBite.org released a 2009 report claiming pit bulls were responsible for 59% of all dog attack deaths, equal to killing a U.S. citizen every 21 days over a three year period. On the other hand, a study from the American Veterinary Medical Association looked at dog bites statistics over the past 20 years and found that no breed is more likely to attack humans than others.

For many years, pit bulls, Dobermans, and other large dogs have been accused of being overly aggressive and more likely to attack and bite humans. Although some people and communities respond to dog attacks by enacting breed-specific legislation to prohibit ownership of pit bulls and other dog breeds, many experts claim you can reduce dog bite cases through owner education and dog training.

The Case for Dog Training

There are a number of ways people can take action to reduce the risk of a pit bull attack. Along with parents educating their children on how to act around dogs, dog owners can also take steps to train their pit bulls and other dogs to not bite humans.

Pit bull owners need to make sure to expose pit bull puppies to a number of different people and other dogs while they are eight to sixteen weeks old. This kind of exposure will help dogs to be more comfortable in a variety of situations.  

Another example of effective pit bull training that could reduce the risk of a pit bull attack is avoiding confrontation that could promote your dog to act aggressively. When the dog is constantly put in a position where he or she feels the need to defend himself or herself, it may learn to be combative.

Additionally, if your dog has a tendency to guard his or her food or toys, it is important to not allow this behavior to persist. If you back down, your dog may learn that aggression is effective. Instead, simply move the rawhide or chew toy so your dog understands that aggression does not work.

Training a pit bull can be a great way to show that these strong, intelligent animals are not dangerous to humans. This can help you avoid the need for a dog bite lawyer in the future.

 

 

*Carlos Santiago is a legal blogger with experience writing about various personal injury topics including car accidents and premises liability. He is currently interested in sharing information about how a dog bite lawyer can help you. Mr. Santiago’s work is currently being featured on www.petbite.com.

 

 

 

We have been contacted by several families now that used their Dish Network LLC DVR devices to watch and/or watched at the time of broadcast, the cute little Disney cartoon movie, "Lilo & Stitch". However, what those families inadvertently allowed their minor children to watch was hardcore pornography. Ironically, the second movie of the cartoon series is "Lilo & Stitch 2: Stitch Has a Glitch".  Apparently, Dish Network LLC has a glitch in its receivers, software, and/or new Hopper device, too.

Dish Network LLC was not responsive to our initial clients and this seems to be their modus operandi with other complaints, litigation, and issues as demonstrated from a simple Google search below.

IF YOU ARE A DISH NETWORK SUBSCRIBER AND WITNESSED THIS BROADCAST, PLEASE CONTACT OUR OFFICE IMMEDIATELY.

Trammell & Mills Law Firm, LLC at 1650 East Greenville Street, Anderson, South Carolina 29621/1-800-483-0880/ or email us. 

 

DISH NETWORK LAWSUITS & SETTLEMENTS IN THE NEWS:

 

The Greenville News is reporting that four motor vehicle collisions over this past weekend claimed five lives:

  1. Lyle Thomas Torbenson and Susan Marie Torbenson of Zirconia, N.C were on a 2012 Harley Davidson motorcycle when they collided with a 1988 Oldsmobile in Greenville County Saturday, October 13, 2012;
  2. David Hawkins of Greenwood, SC  was on a 1998 Harley Davidson motorcycle when he crashed and died while exiting off  Interstate 85 in Anderson County on Saturday, October 13, 2012;
  3. William Nathaniel Miller of Chesnee, SC  was walking across the street when he was struck and killed by a 2006 Nissan truck in Spartanburg County on Saturday, October 13, 2012; and
  4. Jeffery Scott Orr of Piedmont, SC died when he crashed his all-terrain vehicle in Greenville County on Saturday, October 13, 2012.

Trammell & Mills Law Firm, LLC encourages everyone to slow down, be aware of your surroundings, and look twice to save a life.

 

The start of October 2012 in Anderson County has come with carnage and death most associated with the scary end of the month holiday.  The Anderson Independent is reporting on several motor vehicle collisions ending in death and serious personal injury:

Trammell & Mills Law Firm, LLC encourages everyone to slow down, be aware of your surroundings, and please don’t text and drive.

A recent article in the Wall Street Journal entitled, "Access to Doctor’s Notes Aids Patients’ Treatment", highlights an interesting topic of patients actually reading, or requesting,  their medical records from visits with their primary care physician. 

The study was entitled "OpenNotes" and published in the Annals of Internal Medicine. Ultimately the study concluded that an overwhelming 77% to 87% of patients felt more in control of their medical care and were more compliant with their prescription medication.  Initially, there were concerns from  physicians that their notes may offend or scare off patients but 105 primary care physicians participated in the study. Interestingly, the article points out that only about 34% of doctors nationwide have adopted electronic medical records.

From the perspective of this plaintiff’s attorney, when you think about the other audiences reviewing your records:

  1. referring physicians to further your care; (Good)
  2. insurance companies and adjusters to deny your medical benefits to save them money; (Bad) and
  3. both plaintiff and defense attorneys for disputes in personal injuries, workers’ compensation claims, and/or social security disability claims. (Good & Bad)

The only logical step is to ensure you as a patient are just as knowledgeable of your own records as the jack legged insurance adjuster combing through your file to find anything to deny you benefits you deserve, while falsely acting as if they have medical degrees.

In the end you know, it is your body and your life. Yes, you are legally entitled to those records, too.

 

 

We have recently been retained by a family that had their three minor children (ages 22 months, 3, & 5) exposed to graphic pornography while watching an otherwise G rated Disney movie, "Lilo & Stitch". 

The air date of the "Lilo & Stitch" movie was Friday, September 7, 2012, from 12:30pm-2:00pm. The satellite company is Dish Network, LLC. A technician from Dish Network, LLC came out shortly after the incident and inspected the receiver and history of the receiver finding no error on the part of the family. The technician could not explain how this occurred.

Having actually seen a video taped version of what those minors saw, it is appalling. If you or anyone you know also witnessed this incident through Dish Network, LLC please give our office a call toll free at 1-800-483-0880.

 

GUEST POST BY Richard P. Console, Jr. of Console Hollawell P.C.

 

Turn signals – every car has them, but not every driver seems to know what they’re for or even when to use them. A 2012 study released in May by the Society of Automotive Engineers reveals just how many drivers are forgoing that flick of the switch when they change lanes or make turns, and the numbers are startling. According to the study, which analyzed traffic data from around the country, drivers neglect to use their turn signals 48 percent of the time when changing lanes. When making turns, the failure rate is about 25 percent. Passaic County car accident lawyers see the problem with turn signal failure as two fold – a lack of responsibility coupled with relatively no enforcement.  

Traffic laws in all states consider not using turn signals as a minor violation, with fines clocking in at around $100 per offense. Citations for failing to use turn signals could cost motorists their “safe driver” discounts, though anecdotal evidence seems to suggest police would rather pull drivers over for speeding than not announcing their turn/lane-change intentions. Despite a relative lack of enforcement at by local authorities, civil enforcement when it comes to traffic accidents can drastically affect auto insurance claims and who receives compensation. 

A driver who fails to use their turn signal and causes an accident could face an uphill battle to obtain compensation from an insurance company. In states with comparative negligence rules, not obeying traffic laws could push driver liability up to or over the 50 percent threshold, which could eliminate or reduce their right to file a claim. In contributory negligence states, including North Carolina and Maryland, the decision to not use a turn signal could block an injured driver from recovering any damages.

Roadways are no place for motorists to conduct their own version of Mystery Theater. Every driver has a legal obligation to announce their intentions so other drivers sharing the road with them know where they’re going. Without proper use of turn signals, drivers have almost no time to react to changing road conditions as motorists suddenly stop or swerve abruptly into their lanes of travel. That places everyone at serious risk for potential critical injuries. In New Jersey, our car accident attorneys in Union City and other areas see the tragic results of these actions every day.

The Society of Automotive Engineers estimates that drivers around the country fail to signal properly when changing lanes or turning about 750 billion times annually. Law makers have been quick to announce stiff penalties for those who text while driving, but a much traffic larger issue looms before them. How do they plan to tackle what appears to be a much larger threat to safety?

 

A recent South Carolina Court of Appeals case analyzed the employer/employee relationship vs. independent contractor under a most unique set of facts and circumstances. I would hate to spoil your learning about the law by improperly paraphrasing as a great deal of thought had to go into those sentences. The legal writing is something to be admired.

Essentially the court determined that the stripper was an independent contractor and not entitled workers’ compensation benefits from the business in which she was working at the time of her injury. The court referred to the four factors that help determine the work relationship set forth in  Wilkinson ex rel. Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295, 299, 676 S.E.2d 700, 702 (2009):

  1. direct evidence of the right or exercise of control;
  2. furnishing of equipment;
  3. method of payment; [and]
  4. right to fire.

An in-depth analysis of these four factors under the facts and circumstances of the case are broken down in great detail. I encourage anyone that has a question about how strippers perform their work, when an employee vs independent contractor situation arises, and/or workers’ compensation case to read over Lewis v. L.B. Dynasty, Inc., d/b/a Boom Boom Room Studio 54 et. al, Op. No. 2010-165646 (S.C. Ct. App. filed September 5, 2012).

Here are a few excerpts:

"The clubs where Lewis worked are commonly referred to as strip clubs. Lewis’s role as a dancer in these clubs is what most people would call being a stripper."

"She argues that the club furnished equipment, such as the stage for dancing; poles to assist the dancers; private rooms for V.I.P. dances; tables, chairs, and couches for the customers; and even glasses in which the bartenders poured their drinks. In her brief, Lewis states, ‘The club provided the dancers with cleaning solution, towels, and a basket for collecting money while on stage, and the club provided the dancers with lockers for their belongings.’

"The extent to which an exotic dancer in the Boom Boom Room decides the manner in which she performs her dance to satisfy the club’s customers, according to the record in this case, is not subject to any limitation or control by the club."