Drive Safe This Holiday Season

“It’s not you that I worry about,” said my mom when I received my driver’s license, “it’s the other drivers that concern me.”   She is right.  To a great extent, every time we get behind the wheel of a car we are putting our safety (and lives) in the hands of thousands of other people we encounter driving on Ohio’s roadways.  Even the most cautious and careful driver can fall victim to someone else’s carelessness.  

As the holiday season is upon us, many of us will be traveling to spend time with friends and family throughout the country.  According to the Ohio Department of Public Safety, there were 36,392 motor vehicle accidents in the months of November and December last year; the majority of which – 29,678 – was in December.   And for 11,578 people, an accident resulted in some type of injury. 

So, what can we do to protect ourselves this holiday season? Simple, control what you can and, hopefully, others will too:

  1. Don’t drink and drive
  2. Don’t text and drive
  3. Don’t drive if you’re tired
  4. Maintain appropriate speeds and distances in inclement weather
  5. Report unsafe driving
  6. Wear your seat belt

Enjoy your holidays and I wish you safe travel!  

If you have been injured by the negligence of another, contact me for a no cost, no obligation consultation and case evaluation; I will fight for you. 

New OVI/DUI Law In Effect

Ohio H.B. 388, known as "Annie's Law," modifies Ohio's OVI/DUI sentencing in significant ways and is effective April 6, 2017.  Most notably, Annie's Law provides the following changes:

Unlimited Privileges with Ignition Interlock 
Under former OVI/DUI law, courts granted "limited" driving privileges for work, school, medical appointments and court.   These privileges restricted people's ability to drive except for the limited times on specified days.  

Under Annie's Law, first-time OVI/DUI offenders can now obtain "unlimited" driving privileges provided, of course, that an ignition interlock device is installed in their car.   An ignition interlock is, for lack of a better description, a portable breathalyzer that is connected to your car.   In order to start the car, you must pass a breath test.

Jail Suspended for First Offenders with Ignition Interlock
Under former OVI/DUI law, a first offender had to serve a minimum of 3 days in jail.   Most had the privilege to do so at a 3-day Driver Intervention Program (DIP) which are hosted in local hotels. 

Under Annie's Law, if the first offender has "unlimited" privileges with the interlock device, the court must suspend all jail during the period of the license suspension.  

Longer License Suspensions
Annie's Law increased the license suspensions for all offenders:

1st OVI/DUI:  1 to 3 years (was 6 months to 3 years)
2nd OVI/DUI: 1 to 7 years (was 1 to 5 years)
3rd OVI/DUI: 2 to 12 years (was 2 to 10 years)

1/2 License Suspensions for First Offenders with Ignition Interlock
For first offenders with "unlimited" privileges and an interlock device, the court can reduce the license suspension by half.  In other words, a 1 year suspension would be 6 months with an interlock device.  

10-Year "Look-Back" Period
OVI/DUI are "enhanceable" offenses; meaning each subsequent offense comes with increased penalties.   The "look-back" period is the time between (1) date of old conviction and (2) date of new charge.  Under former OVI/DUI law, the "look-back" period was 6 years.  Under Annie's Law, the "look-back" period is 10 years. 

For More Detailed Information
Garfield Heights Municipal Court Judge Jennifer Weiler publishes the gold-standard for OVI/DUI sentencing and penalties.   I do not know any OVI/DUI lawyer who doesn't have a copy of this guide in his or her briefcase.   Check it out here.  

If you have been charged with an OVI/DUI, want a comprehensive defense, and need immediate driving privileges, contact Scott, for a no cost, no obligation consultation and case evaluation. 

“Profit Over People” Prevails Again

             Unfortunately, in Simpkins v. Grace Brethren Church of Delaware, 2016-Ohio-8118 the principle of “profit over people” prevailed yet again.   If there was ever a set of facts to declare as unconstitutional the non-economic damages caps of R.C. 2315.18, this was the case. 

              In Simpkins, the plaintiff brought a lawsuit against a church for its pastor’s actions in forcing oral and vaginal intercourse with the plaintiff who, at the time of being raped, was 15 years old.   The jury found that the plaintiff was entitled to $3,651,378.85 in compensatory damages, which included the following: $1,378.85 for past economic damages, $150,000 for future economic damages, $1,500,000 for past noneconomic damages, and $2,000,000 for future noneconomic damages.   

              The trial court, in applying R.C. 2315.18(B)(2), reduced the plaintiff’s noneconomic damages from $3.5 million to $350,000 and, accordingly, entered a judgment in plaintiff’s favor for $500,000; which is $3.1 million dollars less than a jury of her peers awarded her.  So why did the court do that?

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Overcoming Ohio's "No Duty" Winter Rule

If you didn’t notice the parking lot on I-271 or I-480 this morning, winter is here.   As the conditions become slick due to the snow, ice, and slush, it is not uncommon that individuals to sustain significant injuries in slip and falls.  

In Ohio, there is a “no duty” winter rule which comes into play in – you guessed it – winter; and ill typically apply in falls in parking lots, entryways, and sidewalks, to name a few.   However, this “no duty” winter rule does not foreclose an injured individuals ability to recover.   

Before I discuss the winter rule, remember that when the alleged negligence occurs in the premises-liability context, the applicable duty is determined by

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2017 Ohio Super Lawyers Rising Stars

The law firm of Triscaro & Associates, Ltd. is extremely pleased to announce that attorneys Joseph Triscaro and Scott Kuboff have been selected to the 2017 Ohio Super Lawyers Rising Stars list.  

Each year, no more than 2.5 percent of the lawyers in Ohio are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

This is Joe’s third selection to the Rising Stars list (2015, 2016, and 2017) and Scott’s second selection (2016 and 2017).  

Lawsuit Funding: A Horrible Idea

Personal injury and medical malpractice claims are advanced to help an individual who has been wronged or injured by the negligence or carelessness of another person to be compensated for their injuries.   That being said, personal injury and medical malpractice claims do not come with a blank check.   Liability is often disputed and can be difficult for a plaintiff to establish.   In fact, according to the most recent report from the Ohio Department of Insurance, roughly 75% of medical malpractice claims are resolved in favor of the doctors and hospitals.    

With statistics like this in mind, it easy to understand the allure of lawsuit funding: guaranteed money up-front and a promise that you can still recover money from pursing a lawsuit without any risk or obligation to repay the money back if you lose.   I guess that – not having to repay the advance if you lose – is what differentiates lawsuit funding from a loan from Bobby Baccalieri of The Sopranos.   However, make no bones about it: lawsuit funding is a horrible idea. 

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Crossing Outside the Crosswalk: Am I Barred from Recovering?

We’ve all done it before – especially anyone who frequents the Justice Center – crossing the street outside the crosswalk or in the crosswalk but when there is the “do not walk” signal.   Through my unofficial and unverified observations, 99% of the time it is done without incident.  However, what happens during the other 1% of the time?   Can the individual who was struck and injured recover for their loss?    My answer: it depends.

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How to Protect Yourself BEFORE a Bicycle Accident

For cyclists, this week served as yet another painful reminder of the vulnerability that we face every time we roll out onto the roadway and the catastrophic harm that can be caused for ourselves and our families.   While I trust most cyclists are careful, it is the distracted driver, the impatient driver, or the drunk driver that we have to worry about.   Their actions (and reactions) are completely out of our hands.  

I previously posted an article titled “What to do if You’re Involved in a Bicycle Accident” which you should check out first.   What that article does not address is the steps you should take before an accident happens to protect yourself and your family afterwards.   In other words, buy as much insurance as you can reasonably afford.  While this is not a comprehensive discussion on the issue of insurance, or the available types, here are a few types of insurance that you should absolutely have if you’re a cyclist:   

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Suing the State: Political Subdivision Tort Liability

If you were injured by the conduct of an employee or agent of a city, county, or other government entity, bringing a suit for damages can be difficult.   Historically, individuals could not sue the government in tort as it was immune from liability.   In 1985, however, the Ohio General Assembly enacted R.C. § 2744, the Political Subdivision Tort Liability Act, paving the way for political subdivisions of the State of Ohio to be sued in limited circumstances.     

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R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

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