In 1972, Garan Incorporated came up with an idea to help kids choose their own clothing. ”Garanimals“ is their line of clothing where each piece depicts an animal character. This allows a child to match the animal, for shirt and pant choosing. It was advertised to give them confidence by choosing their own clothes. Of course, I guess the confidence gets shot, if you match the Giraffe with the Pelican.
To some extent, I feel like this is my Garanimal blog. I’m combining two stories and trying to match them. In the end, hopefully it will be in praise of the jury system.
I just saw an article from the South Carolina Lawyers Weekly that announced a, “South Carolina woman won a $1 million settlement from her primary care physician’s insurance company, after a mole, her doctor said was benign; grew into stage 3B melanoma, according to her attorney”
In the Times Dispatch on Wednesday, George Allen announced that “We’ve heard from the people of Virginia today… and Virginians are fired up, and they’re ready for America’s comeback”. According to the article, he announced this to about 150 supporters at the Westin Hotel in Richmond.
He had just received 166,387 votes in the Republican primary on Tuesday, to capture the nomination for US Senate. It now sets up a clash with Democratic nominee, Tim Kaine, for the Senate seat that is being vacated by Senator Jim Webb.
In both of these stories, I find a bit of irony. It’s all in a viewpoint.
In the first story, I see no way to call that settlement “a win”. No amount of money is a win. I have heard some use that about a settlement. I just see it differently.
In trial, I have also heard the expression that the jury “awarded” a verdict. To me, an award sounds like a prize being given for some accomplishment. I never feel that way when I describe injury.
The last story is not to be political in nature. Instead, I often see both political parties “Spin”. My viewpoint of that story, is that those numbers don’t necessarily justify “from the people of Virginia”. However, I can see that a candidate’s viewpoint would be to rally support. Just a different viewpoint.
On a daily basis, I seem to be wrestling with adjusters as I negotiate claims. I have tried all kinds of different approaches. Anger never works. Sometimes, humor might bring a laugh but not much more money.
Even if an adjuster agrees with me on case value, I guess that they can’t admit it. By the nature of negotiation, they want to pay less and I want them to pay more. Most of the time, it really does seem that they see the injuries completely differently. Their viewpoint always would save the insurance company money.
I’m glad that we still have the jury system. I always feel more confident in a jury viewpoint. I guess that’s why Thomas Jefferson said, “I consider trial by jury as the only anchor ever yet imagined by man, by which government can be held to the principles of it’s Constitution”.
Maybe that’s why some have the opinion that we should limit juries and have more mandatory arbitration provisions.
Did I mix and match well? How about some mix and match for pic o’ day. A bit of horse surfing:
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