Friday, February 9, 2018

I'm working on another fire case.  I say another because it blows my mind that I've had two separate incidents where landlords and management companies fail to make their properties safe.  Side note: I come from a family of commercial realtors/property managers.

The first case I just resolved.  My clients were on the third floor of an apartment complex. The fire escape was padlocked.  Prior to the fire, my client told the landlord to fix the locked escape and his response was move out if you want.  You know where this is going, fire happens, client is forced to jump from third floor, severely injures herself.  Another client in that incident made it to the locked fire escape and dropped two stories instead of three wherein she fractured her foot.  Another law firm had the case before me and dropped it because they couldn't get info from the fire department.  I made a limited request for pictures of the fire escape and LMFD provided it which gave me enough information to move forward.

This new case involves a sophisticated property management company failing to respond to my clients repeated requests that the fire alarms be fixed.  They ignored it and guess what? A fire.  My client didn't have enough time to respond to the fire and fractured her ankle trying to escape.  Functioning alarms would have given her enough time to escape.  What is really surprising to me is that the property management company failed to call me back to discuss so now they are getting sued.  If you own property, hurt someone, and expect a Plaintiff's lawyer to just let it go that is probably a bad look.

Follow up: I sent the property management company a Complaint (Lawsuit) and they called me back the same day.  C'MON Man! Advertising Material.

Monday, February 5, 2018

What Normally Happens Day of Trial

I was set to defend a DUI trial this morning.  I prepped all Super Bowl Weekend.  Poor me, I know :)

In any case, I got up this morning and my client texted me that our witness in Lexington was sick and so was her six month old kid.  This witness is crucial to my clients case.  I told my client we would bring it up to the judge and prosecutor and see how they wished to proceed.  Just before I parked my car my client texted me that the witness could be there for the trial.  Great.  I'm ready to go.

Yet when I arrived at the courthouse and spoke to the prosecutor she was sick and needed to go home after the morning docket.  She has always been courteous to me so there was really no response other than ok.  This also gave me a chance to speak to the arresting officer and breath test officer about the case.  The judge in this case is exceptionally pleasant and understood the reason for moving the trial date. 

Seems like 60% of the time I get ready or set for trial the case either resolves at the courthouse steps or gets bumped to another trial date.  Reminds me of being a kid and preparing for an examination.  You spend all week studying and focusing on the test.   The information is constantly on your brain even when you are sleeping.  Nonetheless, the teacher comes in on Monday morning and says that the copy machine ate the test so we are going to move it two weeks down the line.  Clearly I can't control who is sick and when they get sick, but it is always something when you are in this line of work.

I'm hoping the two weeks will give the prosecutor more time to evaluate the case and potentially offer my client a resolution. 

Thoughts and not really Advertising Material, but I'll put ADVERTISING MATERIAL just to be safe