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Some Snow and a Doctor’s Opinion

After this weekend, I knew I needed to mention the snow; make a reference to an upcoming trial… and of course, say how glad I am that Peyton Manning is going to the Super Bowl!

In a couple of weeks, I have a jury trial where the defense has identified a doctor to testify about my client’s injuries. Not surprisingly, the hired doctor opinion is that the injuries are not that significant. (Did I mention the defense hired him?)

In fact, his testimony identified by the defense attorney, is that my client should have fully recovered after 6-8 weeks. That’s because the doctor claims that the client “only sustained soft-tissue injuries” and that all such soft tissue injuries resolve within 6-8 weeks.

That doctor’s testimony is no surprise because I have seen him identified by other defense attorneys to testify in several past cases. In those cases… he also testified that my client’s injuries should have resolved in 6-8 weeks. In his world, everyone is the same.

So now to the metaphor of the snow. (my blog excuse to post snow pictures!)

Here’s an “out-the-window” picture of the snow on the Virginia Beach boardwalk this weekend.

beach snow

And here are two pictures of the snow looking out of the house in Richmond. Hint… not all Virginians were hit the same!   It’s all how and where you look at it.

rich snow 1









That doctor testifying for the defense reminds me of the quote, “As a rule we disbelieve all the facts and theories for which we have no use.”

– William James

And for our Monday pic o’ day, more from point-of-view. Some “joy”:


Week One in the Books

The National Football League has just completed its first full week of games. Some teams sit at the hopeful 1-0, while others are 0-1 and telling reporters that it’s a marathon not a sprint. As a Colts fan, I’m glad that week one does not decide who will be in the playoffs.

In professional basketball (NBA) the same thing is true except that teams play 82 games versus the NFL’s 16 game regular season. In 1978, the Washington Bullets faced a difficult task throughout the playoffs.

In the Eastern Conference semi-finals between the Bullets and the San Antonio Spurs, the Bullets fell behind in the best-of-seven series 3-1. All San Antonio needed to do was win one more game and advance to the finals. The Bullets coach, Dick Motta, overheard a broadcaster talking about the series, which caused Motta to tell his team, “The opera ain’t over ’til the fat lady sings.”

Sure enough, the Bullets came back to win the series, advance to the NBA championship, and ultimately beat the Golden State Warriors to become NBA champions. Throughout, their mantra remained the same with many Bullet fans wearing t-shirts bearing that slogan.

Which brings me back to football and the Colts. In 1955, Pittsburgh Steeler coach Walt Kiesling called quarterback Johnny Unitas into his office to tell him that he was going to be cut from the roster because, “I’m sorry, but we can’t use you.”

Just three years after being cut by the Steelers and having to play semi-pro ball until he could get back in the NFL, Unitas was playing quarterback for the Baltimore Colts. In the 1958 NFL Championship Game, he passed for 322 yards to lead the Colts to a championship over the New York Giants. Later, he was inducted into the NFL Hall of Fame.

Vince Lombardi gave good life advice about difficulties in life. “It’s not whether you get knocked down, it’s whether you get back up.”

I regularly see clients who have gotten knocked down by an event like a car crash. I also am challenged personally as I see them get back up,  and while not letting difficulty stop them.

And for pic o’ day, this is dedicated to those who can’t put their phones down.


Lawyers and the NFL Lockout

     I doubt that I need to comment on what the public thinks of lawyers. In fact, I am always amazed that some lawyers seem a bit befuddled by it. Really, it’s not a mystery.
     Below is Fran Tarkenton’s assessment of lawyers. Tarkenton is one of the old, great quarterbacks of yesteryear.    He believes that if you could get the lawyers out of the process, that the NFL owners and the players would be able to settle their lockout. Maybe, he thinks that an old fashioned “arm rasslin'” would do the trick. Anyway, here are his “anti-lawyer” thoughts. 
     “I’m really emotional about this,” Tarkenton said. “With everything going on in the world, we’ve got the tragedy in Japan and what’s happening in all the Middle East when all these people are wanting freedom, and it’s a wonderful thing. And here we have the most successful sports franchise in the world, the National Football League, we don’t want to give this up. And we understand in professional football, teams win, individuals don’t.
     And it’s time for these owners and time for these players to sit down together, get the lawyers out of the [room], lawyers don’t help things. Lawyers muck up things. Lawyers cause problems, lawyers in divorce suits, they don’t help the people get back together. And we need to get real people, get the lawyers out of the negotiating room, stop the lawsuits, and let’s get real people, owners and players, who are partners in all this, let’s let them get together and get this thing solved now rather than later.


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