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Cecil & Geiser Blog

Patient Safety and Drug Labeling Improvement Act

April 20th, 2012, Category: Cecil & Geiser Blog

Recently, Congressman Bruce Braley introduced the Patient Safety and Drug Labeling Improvement Act.  This is in response to the U.S. Supreme Court Case of Plivy v. Mensing.  In that decision, the US Supreme Court ruled 5-4 that a generic drug manufacturer cannot be held liable in state court for inaccurate or outdated labeling because they do not have the authority to update their own labels.  Clearly this is an anti-consumer decision that must be addressed immediately.  Generic drugs make up nearly 80% of the pharmaceutical market.  This is a dangerous situation for American families if these manufacturers are free to market drugs with inaccurate labels and essentially claim immunity when things go wrong.

Cecil and Geiser applaud the attempt by Congress to address this latest injustice to American consumers.  There is no logical reason to hold brand name drug manufacturers liable for inaccurate or outdated labels  yet give a “free pass’ to the generic drug makers.

If you have questions about any pharmaceutical or drug related claims, feel free to contact Cecil  and Geiser for a free consultation.

 

NO FACEBOOK (or other social media)

February 15th, 2012, Category: Cecil & Geiser Blog

One of the items in our initial letter to our clients is the request to refrain from using Facebook or any other form of social media.  We do not ask this because we are against social media but to protect our clients from unintended consequences.  Let me share a few examples.

I recently learned of an attorney that had a client receive a friend request that seemed unusual.  Upon investigation, this “friend” was an insurance company employee.  I personally have been in depositions where the insurance lawyer has copies of Facebook pages to question my client.

Facebook is NOT SECURE no matter what you think.  We are routinely sent brochures for seminars hyping how to get through to Facebook when not actually a friend.

Anything found on social media is fair game to use at trial.  Statements that you make to friends can be used against you even though you thought it was only going to a friend.  It is much easier for us to control what is being told to the insurance company if we do not have to worry about social media.

TV Stations Pull Campaign Ads

October 13th, 2011, Category: Cecil & Geiser Blog

Kudos to the many television stations around Ohio that pulled and refused to air an ad purchased by Building A Better Ohio.  As some may know, Building A Better Ohio is a group formed to persuade voters to vote in favor of Issue 2.  Issue 2 is the ballot name for the law passed earlier this year  that has taken away the collective bargaining rights of many public employees, including firefighters.

The ad in question “lifts” the image and statements of an Ohio great-grandmother that was featured in an ad opposed to Issue 2.  The controversial ad edits her statements and spliced them with narration to make it appear that Ms. Quinn supports the issue.  She clearly does not and voiced outrage that the pro-business group would use her image to show otherwise.

The law firm of Cecil and Geiser opposes Issue 2 and supports the teachers, firefighters, law enforcement and others whose careers are at stake with this legislation.  Regardless of our position, neither side should be allowed to use the likeness  and comments of a citizen in such a way that it suggests the person has a view other than that which has been expressed.  If the pro-Issue 2 folks want to run an ad with their supporters, that is fine.  But to “steal” from a grandmother or anyone else, is unforgiveable.

With unsavory  tactics like this being employed by Pro-Issue 2 people, it makes you wonder what things will be like if Issue 2 is not defeated.

Use Common Sense in License Suspensions

September 6th, 2011, Category: Cecil & Geiser Blog

Currently, there are at least 46 different ways that you can have your operator’s license suspended in the state of Ohio.  The Columbus Dispatch is reporting a legislative group is looking into revising the many laws requiring the suspensions of a driver’s license in Ohio.  We think this make sense.

Currently, the law requires the license suspension of someone that is behind in child support.  The purpose makes sense but the goal (having child support paid) is not met.  Why not give a judge the authority to grant limited driving privileges for work?  In this fashion, the parent in default can go to work and begin making child support payments.  If the person is not working, then that person does not get driving privileges.

There are many other examples that currently require a suspension that could be “tweaked” by giving the Court the power to make necessary adjustments.  We would still oppose giving someone unlimited driving privileges as the suspension would be meaningless otherwise.

In this economy, the law needs to look at ways to allow someone to work and meet their financial obligations.  Otherwise, the penalty is ignored, the person keeps driving and we all end up paying more and more.  Giving the Court some flexibility seems to be a common sense approach.

Casey Anthony – The Jury Got it Right

July 14th, 2011, Category: Cecil & Geiser Blog

Now that the furor has hopefully died down, it is time to say something about the Casey Anthony verdict.  The Jury got it RIGHT.

Keep in mind, the Jury did not find Casey ‘innocent’ and people need to keep that in mind.  The Jury simply stated that the State of Florida failed to meet its burden of proving “beyond reasonable doubt” that Casey killed the child.  The Jury made its decision based on the evidence and law that was presented to them as opposed to the “analysis” by talking heads.  A Jury is to make a decision on the evidence and the law only.  The jury was not aware, nor should it have been made aware, of the issues/fighting between the defense attorneys and the prosecution.

I am mindful that we are dealing with the loss of a child which inherently creates great emotion on many levels.  However, if our justice system is to work, we cannot condemn nor ridicule those that participate as jurors.  Otherwise, we end up with justice by majority rule or even worse, mob rule.

This story is not over as a civil suit is pending.  Casey will then be made to testify under oath.   Whether or not she tells the truth, we may never know.  We will at least be told her version of the story.

Ohio Supreme Addresses Lesbian Co-Parenting Issue

July 12th, 2011, Category: Cecil & Geiser Blog

The Ohio Supreme Court ruled today that a lesbian who shared parenting duties for her partner’s biological daughter does not retain parental rights after the relationship ends.  In a split 4-3 decision, the majority held that the non-biological parent had no legal right to visitation or custody of the child.

Kelly Mullen of Cincinnati shared the responsibilities of parenting her daughter, Lucy, with former partner Michele Hobbs while the women lived together.  There was testimony that Ms. Mullen agreed to share custody of the child, even stating ‘I consider Michele Hobbs as my child’s co-parent in every way.’  However, once the relationship between Mullen and Hobbs ended, Mullen refused to share custody of her biological daughter with Hobbs.

The majority of the Court noted that though Mullen agreed to share custody, she never executed any documentation to formalize that intent.  The fact that documents were drafted and given to Mullen to sign and her refusal to do so swayed the majority of the Supreme Court to conclude that the intent to share custody was not present.

Justice Paul Pfeiffer, in his dissent, wrote “The law has not caught up to our culture, and this court has failed to craft a rule that addresses reality”.

Do you agree with the majority decision or the dissent?  Let us know.

Ohioans Should Not Extend Age Limitation for Judges

June 30th, 2011, Category: Cecil & Geiser Blog

The Ohio Senate and House passed legislation seeking a change to the State Constitution.  The legislators want to remove age limitations on judges. Currently, a judge may not serve past his or her 70th birthday. The proposal is to allow judges to sit on the bench until the age of 76.

I am not opposed to anyone working to age 76 or longer, if they wish.  But, I do have a problem allowing someone to serve as a judge at that age. The practice of law is very demanding, not for the faint of heart and requires great patience. I have come across many older judges that I thought did an excellent job while younger judges performed poorly. However, more often than not, sitting as a judge for too many years leads to complacency, lack of tolerance and entrenchment. Many times judges are angry that a matter has not resolved yet they never stop to think that because matters do not get resolved, that leads to his or her employment.

I have respect for all judges but see no legitimate reason to allow a judge to reamin on the bench another 6 years. If, upon retirement, a judge wishes to stay busy, they can join a practice, volunteer their time to the community or take up some other activity. Staying in the courthouse should not be an option.

Workers Win One in Ohio Supreme Court

June 10th, 2011, Category: Cecil & Geiser Blog

The Ohio Supreme Court issued a ruling that, though correct, still surprised many with the result.  In a 4-3 decision, the Court ruled that an employer could be sued for retaliating against an employee injured on the job.  The fact that 3 Justices, all Republicans, think that it is okay to fire a worker as retaliation under such circumstances is unbelievable.

Sutton vs. Tomco Machining concerned the claims of DeWayne Sutton against his employer, Tomco Machining.   In April 2008, Mr. Sutton was injured on the job.  Within one hour of telling the company president that he was injured, Mr. Sutton was terminated with no reason being given.  After filing for workers compensation benefits, Mr. Sutton filed suit against his employer claiming that his firing was an unlawful termination in violation of Ohio of law.  The particular law is meant to protect employees from being fired as retaliation for being injured and/or filing a workers compensation claim.  The employer Tomco argued that when Sutton was fired, again within one hour of the injury, Mr. Sutton had not made a workers compensation claim.  In a nutshell, the argument is “we fired him before Sutton made (or even had time to make) a workers compensation claim” so it is okay. 

Had the Supreme Court not sided with Mr. Sutton, Ohio would have permitted businesses to fire any employee hurt on the job so long as they fired the worker before the worker filed a claim.  I can just see the company handbooks being re-written to include a paragraph:

 If an employee is injured on the job, take the following steps, in this order:

  1. Call for medical assistance;

  2. Contact the Human Resources Dept. or immediate supervisor to inform the injured worker that he/she is fired;

I cannot explain the thought process of the three Justices that felt the actions of Tomco were okay.  This did not come as a surprise though since these three Republican Justices routinely find in favor of businesses and insurance companies over the interest of injured workers and other citizens of Ohio.

Ohio has a workers compensation program to protect workers and employers.  However, with more and more intrusion by business and our current Governor’s passion to bow to his business cronies, workers are at a disadvantage.  If you have a workers compensation question, contact the law firm of Cecil & Geiser.

Cecil & Geiser Supports the YWCA Family Center Summer Program

June 7th, 2011, Category: Cecil & Geiser Blog

We are so excited to be supporting the YWCA Family Center again!  This summer we are sponsoring the summer program for the school aged children at the center.  This program will allow the kids to take weekly field trips to places such as the Franklin Park Conservatory, The Columbus Zoo, COSI, the Olentangy Indian Caverns and more.  Watch our YouTube video here: http://youtu.be/sp0iNvR5SwE .

Gag Order on Utility Watchdog is Wrong

May 31st, 2011, Category: Cecil & Geiser Blog

The Senate Republicans are re-thinking the idea of putting a gag order on Ohio’s Consumer Counsel.  In the current budget proposal, the Republicans tried to slip in language that would not only reduce the amount of money for the Ohio Consumer Counsel’s office but also prevent that office from taking a position contrary to de-regulation of natural gas.  One need not think too hard to figure out why the Republicans want to stop Consumer Counsel from taking a position against the wishes of the natural gas industry.

Ohio Consumer Counsel is an office of attorneys with the sole duty of protecting Ohioans from big business and state government.  Ohio Consumer Counsel fights to keep unfair practices, charges or other actions from harming “the average Joe” that cannot afford to fight Big Business on smaller matters.  For instance, Ohio Consumer Counsel investigates the reason behind any rate increase requested by a utility company.  But for this office, utilities would gouge Ohioans at every chance.

Cecil and Geiser hope the Republican controlled Senate will remember that it is the job of its members to work for all citizens of Ohio and not just the companies donating to campaigns.  Maybe if some of the Senate were to lose their jobs next election, they would have a greater understanding of what is best for Ohio.

Ohio Judge Crosses the Line re Senate Bill 5

May 24th, 2011, Category: Cecil & Geiser Blog

I was shocked and dismayed to read in the paper a story involving an Ohio judge apparently ordering his employees to quit the Fraternal Order of Police (FOP).  It was reported that the judge issued this order because the FOP supports the repeal of Senate Bill 5, the legislation taking away collective bargaining from the FOP and other government employee unions.

It is difficult to express an argument that would support a judge issuing such an order.  Whether a judge or lawyer agrees or disagrees with legislation should have nothing to do with continued employment.  At Cecil and Geiser, we have many different points of view and people are free to express those points of view.  I, myself,  sometimes have strong opposition to the views of some of my staff.   However, I would not think of telling someone to stop expressing their thoughts or risk losing their job.

Being a judge is not always an easy task.  It is not made any easier when directing employees to quit an organization simply because the judge has a different point of view.  Hopefully, this matter will be resolved without any further thought.

Gov. Kasich says Bob Evans has “shabby benefits”

April 28th, 2011, Category: News, Uncategorized

Gov Kasich has once again demonstrated that he is out of touch with working Ohioans. Recently he observed a waitress working at a Bob Evans and took the opportunity to create an analogy  to support his ongoing attacks on working people. He made the statement that “when I go to Bob Evans and see a woman working in there and she doesn’t have any pension and I don’t know if she has healthcare and if she does they are shabby at best”.
In an effort to justify his fight to abolish public employment unions he made the argument that since Bob Evans treats its own employees poorly, the state of Ohio and local governments should have the right to do the same. This while he is preparing to give the woman’s employer, Bob Evans, a massive tax break to relocate.

This argument reminds one of the play ground; “well Tommy did it first”. Because Bob Evans may or may not treat people fairly is no justification for the poor treatment of workers somewhere else.

Here is a novel idea for John Kasich; why not have the State of Ohio be the role model for how workers should be treated and use this treatment as an example to businesses coming to Ohio. You can tell these businesses that happy workers are productive workers. In the end, isn’t that what an employer wants?

This combined with Governor Kasich’s “dumb cops’ gaff and  the comment” we don’t need your people” to the African Americans of the General Assembly shows a pattern of disdain for people who aren’t like him and his corporate buddies who financed his political ambitions.

Ohio Senate to Protect Doctors with Ohioans Money I

March 25th, 2011, Category: Cecil & Geiser Blog, News

Ohio has some of the best medical care in the country. Senate Bill 129 will undermine that accomplishment by giving immunity to all physicians who provide emergency medical services. This proposed Bill will require higher taxes, reduce the quality of medical care in Ohio, and will let bad doctors know Ohio is the place to set up their practices. Under the proposed law, if any physician is negligent in an emergency room and causes injury to a patient, the doctor and/or hospital (and their private insurance companies) will not have to pay for the harm caused. Instead, the patient (or the taxpayer) will be required to pay for the financial harm that the medical errors caused, including lost wages and further medical treatment and expenses. This proposed law provides no incentive for emergency rooms to be staffed with the best and most qualified health care professionals. For the first time in Ohio’s history, preventable medical errors will cost hospitals nothing, but patients everything.

Further, the proposed legislation will undermine Governor’ Kasich’s promise to fix Ohio’s financial crisis.  On a national level, medical errors cost Medicare approximately $4.4 Billion annually (U.S. Dept. of Health and Human Services, Office of the Inspector General).  Preventable medical errors that do not result in the patients’ death almost always require the injured patients to seek further care, and in many instances render the patients unable to work or earn a living. The cost of that medical care and lost income will regularly be passed on to the taxpayers through increased state Medicaid spending and other governmental safety-net programs, thus adding to Ohio’s budget crisis. Ohio law has always required that the responsible party must pay for the medical care and lost income caused by the malpractice, not transfer that obligation to the taxpayer. SB 129 will turn 208 years of common sense law upside down.

History has shown proposed SB 129 to be a bad idea. In Texas and Georgia, for example, where such laws have passed–allowing emergency doctors to practice with little to no accountability, the quality of emergency care plummeted.  According to the American College of Emergency Physicians Report Card on Access to Emergency Care, both Texas and Georgia received failing grades for access to emergency care. Ohio‘s grade exceeds the grade of all five states that currently have emergency room immunity laws.

Studies have proven that over 98,000 preventable deaths occur each year in America’s hospitals. This number does not include people who were severely injured and left with a life time of disabilities, medical bills, and lost wages. Lack of accountability will attract doctors to Ohio who had difficulty buying insurance elsewhere because of a history of significant medical mistakes.  Ohio does not want to attract bad doctors to the state.

Because proposed SB 129 will increase the tax burden to Ohio’s taxpayers, attract bad doctors to Ohio, and decrease the quality of care delivered in Ohio’s emergency rooms and urgent care centers, the Bill is a bad idea and should be defeated.

Proponents suggest the Bill is necessary because emergency doctors sometimes have to make quick decisions.  But that is exactly how ER doctors are trained, and why they are paid well. Proponents also suggest that this bill is limited to circumstances where a disaster strikes Ohio.  That is simply not true. Immunity under SB 129 is conferred to all doctors who see patients in the ER setting, even under routine circumstances.

Currently, under Ohio law, doctors and hospitals have plenty of protection from unnecessary lawsuits. A lawsuit cannot be filed against a doctor or hospital unless a competent physician reviews the records, comes to an opinion about the care, and executes an affidavit under oath stating that the care failed to meet acceptable medical standards. So, only physicians can trigger a medical malpractice lawsuit in Ohio.  Further, there are caps on the amount of damages a hospital or doctor can pay, irrespective of how badly injured the patient was.  And, the number of claims against doctors in Ohio is at a historic low.

Balancing a Budget has Nothing to do with Collective Bargaining

March 2nd, 2011, Category: Cecil & Geiser Blog, News

Many of us have watched the drama unfolding in Wisconsin involving the Governor’s battle with the public employees.  A similar battle is brewing in Ohio though the efforts of the Ohio legislature and Governor Kasich are not as drastic.

As I understand the battle in Wisconsin,  the governor wanted state employees to pay more for their retirement, pay more towards their health insurance and take away the right to collective bargaining.  His argument was that each was necessary to balance the budget and to get Wisconsin’s fiscal house in order.  The unions agreed to the membership paying more for the retirement and health benefits but would not agree to dismissal of the collective bargaining.

I have followed this story closely and I have tried to see both sides.  I have watched/listened to commentators from CNN, FOX and the national networks.  None of the commentators nor any news clip of the Wisconsin governor have been able to explain how doing away with collective bargaining will solve the budget crisis.  In fact, the more I observe/listen, the more convinced I am that this is nothing more than an attempt at union busting.

If this is not union busting, then why do supporters of  Gov. Scott Walker’s efforts want to include an amendment preventing union dues from going toward political campaigns?  Why require a “re-affirmation vote” every year?  What purpose do either of these proposals serve towards balancing the Wisconsin state budget?  If a union does not send money to a political campaign, will that money suddenly appear in the state coffers?  No, of course not.  So what purpose is really being served?

Unions and collective bargaining can and have been abused.  But we learn as children not to cut off our noses to spite our faces.  Besides, I bet if you thought about it for 5 minutes or less, you can think of situations where unions and collective bargaining has worked.  The Columbus City Council has come out opposing Senate Bill 5 indicating that collective bargaining does work.  Time and time again various  unions have agreed to forgo contract raises due  their membership, in an effort to help the local municipal budget.  School teachers likewise have agreed to pay freezes when a levy is not passed.  Under these scenarios, the state employees have agreed to accept the fact that the “money is not there”.

The actions of Governors Walker and Kasich do not pass the smell test.  They are engaged in union busting plain and simple.  “You can put lipstick on a pig - you still have a pig.”

Supreme Court Seatbelt Ruling Good for Consumers

March 1st, 2011, Category: Cecil & Geiser Blog

Who Pays Medical Bills After a Car Accident?

February 24th, 2011, Category: Cecil & Geiser Blog

Most people believe that the person who caused the car accident or his insurance company should pay your medical bills.  Unfortunately, Ohio law does not require the at fault motorist or his insurance company to pay your medical bills as you incur them. The insurance adjuster may ask you to send copies of your bills, but the adjuster will not pay the bills.  The adjuster will simply put the bills in a file.  The insurance company may agree to pay a settlement at the end of the case, but I repeat, the at fault drivers insurance company will not pay your medical bills as you incur them.

So what should you do about your medical bills? Keep in mind that you incurred the medical bills and you will get the negative marks on your credit report if you don’t pay the bills.

If you have health and automotive insurance:

  • Use your medical insurance to pay the medical bills.
  • Use your auto insurance to pay the portion of your bills that are not paid in full by your health insurance.
  • Have your medical providers submit your bills to Medicare or Medicaid if you have those benefits.

Keep in mind that you will have an obligation to repay any entity that pays your medical bills from the proceeds of the settlement that you receive from the company that insures the person who caused the accident.

If you don’t have health insurance, you may still have options:

  • If you have a limited income, you may qualify to have your bills discharged by the hospital under a federal program called HCAP.
  • The Ohio’s Victims of Crime program may pay the medical bills a person incurs for treatment of injuries caused by a drunk driver.
  • Many hospitals and medical providers may agree to wait until your case settles especially if your lawyer sends a Letter of Protection, which is a letter from your lawyer promising to pay your medical providers at the time your case settles.

If you were injured in an automobile accident where another party is at fault it is advisable that you seek legal council. If you have questions about automobile accidents or medical bills after an accident contact the law firm of Cecil and Geiser. Cecil and Geiser, Protecting Ohio!

What is Medical Payments Coverage?

February 23rd, 2011, Category: Cecil & Geiser Blog

Medical payments coverage is a very useful part of your auto insurance policy.  Medical payments coverage allows you to submit your medical bills to your automobile insurance company for payment regardless of whether you caused the accident.  Medical payments coverage is usually limited to a specific amount.  It can be as low as $500.00 and we occasionally see med pay limits as high as 100,000.00.  The most common limit is $5,000.00.

How to use Medical Payment Coverage if you do not have health insurance

  • Use the medical payments coverage carefully.  An injured person who goes to the emergency room after a car accident will usually have a large hospital bill due to a ER visit.  There will also be a few smaller bills from ER physician who treated you and the radiologist who looked at your x-rays. You may also receive a bill from the ambulance that took you to the hospital.  These bills will usually be much smaller than the hospital bill.
  • Use your medical payments insurance to pay the smaller medical bills.  That way, you will have additional money under the medical payments provision so you can pay for prescriptions, and you will also have money so that you can see your doctor.  In short, don’t use your med pay money to pay your big hospital bill.  Plus, hospitals will usually agree to wait for payment until you settle your auto accident case.

Medical payments coverage is very inexpensive. Ask your agent how much med pay you have.  We recommend that you have at least $5,000.00 in med pay. Med pay is very useful after a car accident.

If you have questions about Medical payment coverage contact Cecil and Geiser. Cecil and Geiser, Protecting Ohio!

Ohio Legislature Attacking the Middle Class

February 22nd, 2011, Category: Cecil & Geiser Blog

The drama which recently unfolded in Egypt and other parts of the Middle East is here in Ohio but of a much less dramatic nature.  The citizens of the Middle East were tired of their respective country’s economic woes being placed on their shoulders.  In Ohio, much like Wisconsin, the leader (Kasich) is blaming the working class for the state’s economic troubles.

No doubt pensions, benefits and salaries are hard to pay into right now because of our economic condition.  However, to blame state and municipal workers for Wall Street mismanagement or poor investments by the pension managers is unfair and misleading.

In  law school, each student is required to take Contracts 101.  A basic premise of that class is that contracts are to be enforced unless there is a misunderstanding or some other flaw in the contract.  Changes in economic circumstance is not a reason to ignore or rewrite a contract.

The State of Ohio and many cities agreed to many contracts over the years with the employees.  In return, the employees performed their jobs as assigned.  It is no excuse now to cry “we can’t afford to pay” or “you  are getting too much” in an effort to void those obligations.

Workers across the state know we are in tough economic times.  In many instances over the past few years unions and other workers have agreed to pay freezes instead of arguing for enforcement of the contract terms. They have been asked to sacrifice and more often than not they did.  Teachers, state and city workers, police and fire fighters are our neighbors and deserve our respect. Our elected officials should be treating them with dignity, not contempt.

Cecil & Geiser routinely speaks  to parties in a dispute about the need to work together for a compromise.  In our experience, open and honest dialogue leads to both sides giving in a little so that any hardship is minimized.

The personal injury law firm of Cecil & Geiser encourages the Ohio legislature to look at compromise and sit down with the many unions and representatives to work towards a common goal.  Staying on the path of “Get on the bus with me or get run over by it” will in the end cause much more damage than what is seeks to correct.

Do You Have Enough Automobile Insurance?

February 16th, 2011, Category: Cecil & Geiser Blog

Most people believe that they have enough insurance  because their agent told them that they have “full coverage”.    Full coverage simply means that you have liability insurance and collision insurance.   Liability insurance protects you if you cause a car accident, and collision coverage will pay to replace or repair your car if you were at fault or if the other driver was not insured.  Full coverage does not necessarily mean that you have uninsured motorist coverage. The Ohio Insurance Institute recently estimated that 12% of motorists are not insured.  Because of the high number of uninsured motorists it is very important to find out if you have uninsured motorist coverage.

You also need to know how much insurance you have.  The state minimum for liability insurance is $12,500 for personal injuries and $7,500 for property damage.   Buying the state minimum may be legal, but it is not enough insurance to protect you if you cause a serious accident.  Many people have policies that will pay an injured person up to $100,000.  It might be wise to consider purchasing extra insurance protection on top of your regular auto insurance policy.  This additional insurance is called an umbrella policy which may be a million dollars or more.

You may also want to discuss with your agent whether you have medical payments coverage.  With medical payments coverage, or med pay, your insurance company will pay medical bills for treatment of injuries from a car accident regardless of who caused the accident. The limit is usually $500 to $5,000.  People usually use med pay to pay medical bills that their health insurance does not pay in full.  You may want to have $5,000 in medical payments coverage which should be sufficient in most cases to pay the balances of your medical bills after your health insurance company has paid its share of the bills.

Truck Driver Fatigue

February 15th, 2011, Category: Cecil & Geiser Blog

Recently there was another article in The Columbus Dispatch about a horrible truck accident on Interstate 71.  Many people are unaware that truck accidents are often caused by negligent truck drivers who are impaired at the time of the wreck. The drivers are  not drunk.  These truck drivers are more likely to be impaired because they are tired after driving too many hours.  We have seen cases where truck drivers fall asleep while driving because they have been driving longer than the law permits.  This may allow the court to award punitive damages.  It is very important that you hire a personal injury lawyer as soon as possible after a truck accident because your personal injury lawyer will immediately send a letter to the trucking company informing the trucking company that they should not destroy log books and other records that may help prove that the driver was impaired at the time of the wreck due fatigue.

These truck drivers may also have medical conditions that cause them to be fatigued.  In some cases, the truck driver may be overweight and suffer from sleep apnea.  A truck driver will become fatigued behind the wheel if sleep apnea is not treated properly. Trucking companies usually know when their drivers have medical conditions that may impair their driving and it is the duty of these companies  to make sure that their drivers are safe. Some truck drivers try to fight the fatigue by taking stimulants.  This may energize the driver initially, but stimulants may cause the driver to be even more tired when the stimulant wears off.

We recently helped the family of a woman who died when a tractor trailer overturned onto her vehicle on Interstate 71 in Cincinnati, Ohio.  The company that insured the trucking company had their lawyers at the scene of the wreck within hours.  Our accident reconstruction expert took pictures inside the truck which demonstrated that the driver was taking medications and our expert also took photos of receipts and documents in the truck that helped prove where the truck driver had been in the days before wreck.  It is important to get these documents as soon as possible because  trucking companies are only  required to keep documents like log books for  6 months.

Most truck drivers do a great job and they are very well qualified. When you consider that tractor trailers can weigh up to 80,000 and travel at 65 miles per hour, it is easy to understand how much damage they can do, especially when driven by an impaired driver.

Uninsured Motorist- The Michelle Kazalauski Story

February 14th, 2011, Category: Cecil & Geiser Blog

Raising awareness about liability insurance.

There was a recent article in the Columbus Dispatch (Saturday, January 29, 2011)  about motorists driving without auto insurance.  The Dispatch reporter, Holly Zachariah, cited a study from the Ohio Insurance Institute that 12% of motorists are driving without insurance.  Sadly, Michelle Kazlausky was riding her bicycle in the Pelotonia Tour for Cancer when she was struck by an uninsured motorist.  The motorist claimed that he struck Ms. Kazalausky because his brakes failed.  Ms. Kazalausky died as a result of the trauma from the accident. The wreck happened in Hocking County.

Ms. Kazaukausky had purchased uninsured motorist coverage on her automotive insurance policy. Her policy covered her even though she was on a bicycle at the time. This is a little known benefit of uninsured motorist policies.

The story brings into the  light the fact that there are too many Ohioans that are driving without insurance and, as Holly Zachariah pointed out,  people have the right to pursue an uninsured motorist claim with their own insurance company even if they were not in the insured car when they were injured. In other words, your uninsured motorist coverage follows you even if you are not in a car.

Sadly, Michelle Kazalausky’s story shows how terrible things happen to good people. Auto insurance is extremely important to have not just for yourself, but for your family.  Having uninsured motorists on your policy is a wise purchase. 12% of motorists are uninsured in Ohio. That creates very real risk for you and your family. For more information about liability insurance, or uninsured motorist insurance coverage, call Cecil & Geiser at 614-222-4444 or email us at info@ProtectingOhio.com. Cecil and Geiser, Protecting Ohio!

Finding Out How Much Insurance A Negligent Driver Has

February 12th, 2011, Category: Cecil & Geiser Blog

If you or someone you know one suffers serious injuries due a negligent motorist, it could be critical to know how much insurance is available to the other driver. We sometimes find that there is more insurance available to the driver at fault than is revealed by the offenders insurance company.

Insurance companies could be hiding the truth from you

In some cases, the insurance company will provide misleading information. We have had 2 recent examples of this;

  1. A claims adjuster told me that their insured had $50,000 in coverage. However, we later learned that there were two policies and the total insurance for the combined policies was $100,000.
  2. The adjuster stated that their insured had $250,000 and neglected to mention that there was a separate policy providing 1 Million Dollars in additional insurance.

We even had a case where the negligent motorist had the benefit of three separate insurance policies.  This person had his own auto policy, and he was driving another person’s car and the owner had his own policy.  The motorist also had the benefit of his parent’s policy.  The policies can often be combined together unless the policies have language that prevents stacking one policy on top of another.

A good lawyer can help

Usually, after a car accident most insurance companies will refuse to provide the insurance policy limits claiming privacy concerns. The insurance company may not tell you how much insurance is available, but they will usually provide that information to an attorney.   Insurance companies know that a lawyer can simply file a lawsuit and use their subpoena power to force the insurance company to disclose the policy limits.

Tips to getting accurate insurance information

Ask the claims adjuster to provide you with;

  1. a copy of the insurance policy
  2. a certified copy declarations page.

If they refuse to provide the policy and declarations page call Cecil & Geiser.

Revolution in Egypt with Help from Lawyers

February 11th, 2011, Category: Cecil & Geiser Blog

The ruler of Egypt, Hosni Mubarak, stepped aside to relinquish power to the people. With all of the news coverage of this dramatic event, some may not be aware that many lawyers were involved in the demonstration and revolution. Egyptian lawyers, wearing their black robes designating their profession, paraded to Tahrir Square. The group pushed through the military lines and joined the other protesters. Such action was seen as giving some legitimacy to the revolt as well as showing the world that the revolution was not just a bunch of unhappy kids.

Whenever lawyers or law firms anywhere take such courageous stands, it is a proud moment for all of us. The law belongs to the people and not simply to those in charge.

Cecil and Geiser salutes the success of the revolution and hopes that these brave lawyers are included in creating a government with laws for all Egyptians.

Has Technology Made Us Safer?

February 10th, 2011, Category: Cecil & Geiser Blog

The answer to that question is yes and no.  Cars are safer. Who could argue that airbags and anti-lock brakes haven’t made our daily commute safer?   The problem is that drivers are more distracted now than ever before. Our parents were distracted by the radio, their cup of coffee and their screaming kids.  Now drivers are distracted by phone calls, text messages, iPods and movies. 

The statistics don’t lie.  Studies have shown that motorists who are distracted by texting are far more likely to be involved in a fatal accident.  In fact, recent studies have shown that people who text drive as poorly as drunk drivers. 

I recall a case involving a car accident in Gahanna which happed because the driver was applying makeup while driving. She drove through a red light and smashed into a young man who suffered a life changing  brain injury. The case settled for 1.2 Million Dollars which was all the insurance available to the at fault driver.  But the brain injury will never heal completely.  The bottom line is that drivers are not very good at multi- tasking.  A car becomes a weapon if it is being driven by a distracted driver.

Motorcycle Crashes Are on the Rise

February 6th, 2011, Category: Cecil & Geiser Blog

Motorcycle accidents in Ohio have been on the rise for the last 10 years.   The victims are usually hard working men and women who are driving to or from work.  The injuries are usually complex fractures to the leg.  Most often the fractures are to the lower part of the tibia and fibula in the area of the ankle.   Most of my clients are transported to Grant Medical Center or Riverside Hospital where they are put back together by some very talented orthopedic surgeons.

We have represented motorcyclists who have been injured in accidents all over the state of Ohio.  We recently settled a case for a motorcyclist who sustained a fractured femur when an elderly lady turned left in front of him in Franklin County.  In a strange twist, the insurance company for the at fault driver refused to accept responsibility for causing the accident.  We filed a lawsuit and took the other driver’s deposition during which she admitted she was not wearing her glasses at the time of the wreck.  She simply did not see my client although she claimed that he had to be speeding because she did not see the motorcycle.  The judge ruled that the other driver was 100% responsible for causing the wreck. The case latter settled for $240,000 and my client received $157,000 after all was said and done. 

I have been riding motorcycles for more than 20 years.  I have never had a wreck but I realize that I have been lucky.  Most motorcycle accidents happen in the blink of an eye because a person driving a car simply does not see the motorcycle. Always assume that the car stopped at the intersection  ahead of you will pull out in front of you.  Always assume that the car approaching you from the opposite direction is going to turn left in front of you.  Always assume that the car approaching from behind is not going to stop.  Always give yourself a way out.

Ask Your Agent About Your Uninsured Motorist Coverage

February 5th, 2011, Category: Cecil & Geiser Blog

There was in article in the January 29, 2011 edition of The Columbus Dispatch that made it painfully clear that the insurance industry gets a failing grade when it comes to informing their customers about what they are buying when they purchase insurance.  I met with a client who was recently in a car accident with an uninsured motorist. He called me because his insurance agent told him that his insurance company would only pay $5,000 toward his medical bills.  I looked at his policy and quickly determined that he actually had insurance that will pay him up to $250,000 if he is injured due to an uninsured motorist.  This is good for him because my client will need surgery and his medical bills will be much more than $5,000.

So why didn’t his agent tell him that he could receive up to $250,000 for his injuries?  Insurance companies have a duty to their shareholders and owners to make money.  Insurance companies are corporations driven to make profits, which means they need to pay as little as possible to settle insurance claims.  

Are all claims adjusters and agents bad?  No.  Some agents and adjusters do a great job.  Agents and adjusters occasionally refer people to me!   After an accident your insurance agent and adjuster should tell you how much insurance coverage you have.

If you were injured by an uninsured motorist, your company should tell you that you are entitled to compensation for economic damages such as your medical bills and lost income. You are also entitled to compensation for non-economic damages for things like physical pain, emotional suffering, the extent of the injury, the impact on your daily life and hobbies,  and whether the injury is permanent.  The red flags should go up if your insurance agent does not tell you about the money you are entitled to receive after an accident caused by an uninsured motorist.

Slip and Fall Injuries in Ohio

February 4th, 2011, Category: Cecil & Geiser Blog

The recent snow and ice storms sweeping across Ohio have left many Ohio citizens injured as a result of falls.  Many of these people have called the Cecil & Geiser law firm seeking help for their personal injury claim.   Unfortunately, the law is not on their side.

In Columbus as well as most of Ohio, business owners are not responsible for injuries to people on their property as a result of falling or slipping on ice.  We agree that it makes sense to shovel the snow and apply salt or de-icer but Ohio law does not require a store owner to take these simple steps.  Instead, the law states that a business is only liable for any injury which results from an “unnatural accumulation” of snow or ice.  When 4 to 5 inches of snow falls or an ice storm passes through, these cases become very tough to prove.

If you have been injured as a result of falling on snow or ice, call the personal injury firm of Cecil & Geiser.  Our attorneys will listen to the facts and give you our opinion regarding whether or not we can help.  If we can help you, we will gladly do so.  If we cannot, we will tell you that up front.  There is no charge for this consultation.

Cecil & Geiser, Protecting Ohio.

Representing Injured Minors

February 3rd, 2011, Category: Cecil & Geiser Blog

There are many similarities yet a few differences in representing an injured minor.  The personal injury law firm of Cecil & Geiser, LLP knows these differences and addresses the differences early on in the representation.

Unlike an injured adult, when a minor is injured the local Probate Court has jurisdiction over any settlement.  What this means is that a settlement needs to be approved by the Probate Court before a binding agreement can be reached.  This is true even if the parent or guardian wishes to settle the case.  Regardless, the Probate Court must approve the settlement in order for it to be binding.

Getting Probate Court approval increases expenses and lengthens the time until settlement.  Some insurance companies will not require Probate Court approval if the minor settlement is under $5,000.  The company will take the risk that the child will no longer assert a claim.  In many instances this is not too great of a risk.

Another issue that is different is that the case belongs to the child even though the child has no real say in  the matter until he/she reaches the age of 18.  Since the money is for the child, it must be placed into a bank account approved by the Probate Court.  If the child wishes to have any of the money before he/she turns 18, they must ask the Court for permission to withdraw some of the money.  The Court may require a hearing for the minor to explain why the money is needed.  Many Courts will allow money to be withdrawn for education activities or health care needs that the family cannot afford.  However, most Courts will not allow money to be taken from the account for material goods such as a TV, car, clothing or vacation.

If you have any questions about injuries to a minor or representing a minor, call Cecil & Geiser, LLP.

We Support Judges Slowing Down Foreclosures

February 2nd, 2011, Category: Cecil & Geiser Blog

In the January 13, 2011 issue of The Columbus Dispatch, an article discussed the actions of some local judges requiring foreclosure attorneys to sign a certification that all of the documents submitted in support of the foreclosure action are valid.  A few of the attorneys involved do not like the idea and have sought help from the Ohio Supreme Court.

Cecil & Geiser, LLP has been advocating for Ohio citizens since our inception. As a personal injury firm located in Franklin County but with a practice covering all of Ohio, we believe Courts should protect all Ohio citizens. Reports have surfaced that as many as 40% of foreclosures are invalid since they have not complied with the law. If this is true, we see nothing wrong with having an attorney certify that the documents he or she presents to a judge are valid and lawful. While this process may take a little bit longer, what is the harm? If a family is losing their home, is it too much to ask that the bank or other institution follow the law in the process?

Cecil & Geiser, LLP applauds and supports these local judges and all other judges across Ohio that make sure the law is followed. There is no reason to allow a foreclosure or any other legal process circumvent the safeguards put in place to protect consumers.

Advance Loans Against Personal Injury Claim

January 28th, 2011, Category: Cecil & Geiser Blog

More and more we have clients call asking us to recommend a business engaged in loaning money against personal injury claims. While we understand the need for money to cover day to day living expenses, we try hard to dissuade our clients from pursing this course of action.

In our experience, the loans charge outrageous and excessive fees, interest or other charges. Some companies claim to have very low rates but then charge a tidy sum for “processing” the loan. It is not uncommon for a client to seek to borrow $5000 but only receive about $4000. The “missing” $1000 has paid the up front charges such as document preparation, expenses and the like.

To add insult to injury, the loan must be paid back within say 6 months or the interest rate and charges begin to add up. That $5000 loan could ultimately cost $8000 to $10,000 in the first year or two.  If the typical auto accident claim takes one to two years to resolve, you can see that the costs can be staggering.

The personal injury attorneys at  Cecil & Geiser do all that we can within the bounds of our profession to assist our clients. In keeping with this philosophy, we try to convince our clients to stay away from these companies. A personal injury brings with it enough problems without adding one more problem for the client to deal with in the future.

The Election is Over

November 8th, 2010, Category: Cecil & Geiser Blog

Whether your candidate won or lost, I think we are all glad that the election is OVER.  I have been voting for almost 32 years and it seems that the information blasted over TV, radio and received in the mail tells us less and less.  How come candidates cannot simply answer a question? 

How many times did you hear a candidate say “we need to cut spending and trim the budget”.  Every candidate said this.   I never heard one however, answer the question “so how do you propose to cut spending and what portions of the budget will you trim?”  Each and everyone said something about “we need to look at the budget” or “I have some ideas that I will share once I get to Washington” or the like.  If the person is running for office under the banner of “trim the budget” don’t you think that they should have at least looked at the budget and have some idea before getting elected?  Can you imagine going in for surgery and having the doctor tell you “I have some idea of what I am going to do but I won’t know for sure until I cut into you.”  Would your really let this person operate on you if this is the response given?

Frankly, I think I would vote for someone that said “times are hard.  We need to raise taxes and reduce some of our spending on X or Y”  At least I feel that he/she is being honest and telling me what they think.  Instead, we continue to elect people based on unsupported promises that never seem to come true.

These are my thoughts, tell me what you think.

OSU Playing Other State Schools

October 11th, 2010, Category: Cecil & Geiser Blog

I did not have the opportunity to watch Ohio State  play OU but it sounds like I did not miss much.  Other than the Bobcat-Brutus controversy, it seems there was not much happening that day.

On Sunday and Monday I listened to some sports radio shows.  Many of the callers were questioning why teams such as OSU would bother scheduling a team like OU other than to add an easy win.  While I understand this thought process, I don’t think that it holds true with OSU and Jim Tressel.

First, OSU needs to play somebody other than Big Ten teams.  If OSU played only big time schools every weekend,  I don’t know how it would survive the rigors of the Big Ten schedule.  Keep in mind, Miami was no pushover and injuries did occur in that game.

More importantly, by playing in-state schools Jim Tressel is “sharing the wealth” with these schools.  I don’t know the figures but I read that OU was paid in excess of $800,000.00 for that one game.  Think about that for a minute; that is probably more than 1/2 of the OU football team budget for the year.  Doesn’t it make sense to pay that money to an Ohio school instead of a similar school from another state?

Share your thoughts.  Do you think OSU should simply play Big Ten and top 20 teams or do you think Tressel and OSU are doing the right thing?

Vicious Dog Attacks

October 6th, 2010, Category: Cecil & Geiser Blog

The local newspaper reported an elderly man was attacked by about 4 dogs as he took a walk in his own neighborhood.  Apparently the dogs all belonged to the same owner.

Virgil Mitchell III, of 245 S. Washington St., was charged in Delaware Municipal Court with four second-degree misdemeanors for allowing his animals to run free and causing serious physical harm to a person. The charges carry a fine of up to $750 and up to 90 days in jail.

He also was charged with four counts of letting his animals run at large – a separate charge than the counts involving bodily harm, four counts of failing to register the dogs, three counts of failure to have his dogs vaccinated against rabies and one count of having too many dogs. All are minor misdemeanors that carry a maximum fine of $150.

According to the article, this is not the first time this owner has been issued a citation due to his dogs running loose.  Clearly this is the worst attack reported.

I am a dog lover and currently own a dog.  I think my dog is well mannered and trained.  However, if he were to harm someone, I would not hesitate to take swift action to see that it never happened again.

Mr. Mitchell will appear before a local judge to answer to the charges.  I doubt that he will get much in the way of jail time but I hope the judge gives it strong consideration.  If Mr. Mitchell is employed, I would hate for him to lose his job.  However, that does not mean he should not get jail time.  In my opinion, about 8 to 10 weekends in jail and a substantial fine would be appropriate.  Additional time could be held over his head.

The Court should also find that Mr. Mitchell can never own a dog or allow one to be in his residence.  This fellow has shown that he is not capable of raising or keeping dogs.  No one should give him “just one more chance”.  The next time could be fatal.

Tell me what you think.

What the World Would Be Like Without Lawyers

September 29th, 2010, Category: Cecil & Geiser Blog

As attorneys, we are routinely bashed for all of the world’s problems.  I have told prospective jurors that it seems “If you listen to TV or read the paper, I am to blame for all that is wrong.  I keep waiting for the day Trial Lawyers are to blame for the common cold.”  Not a week goes by that I don’t receive a call that begins with something like, “I am not the kind of person that normally calls a lawyer.”

Next time you feel that asking an attorney to help you get fairness and justice is somehow wrong, go to the below website.  Enjoy.

http://georgiajustice.blogspot.com/2010/09/world-without-lawyers-watch.html

Is This Fair?

September 28th, 2010, Category: Cecil & Geiser Blog

The Ohio Association for Justice began airing a new television spot in Cleveland and Dayton today (view Vote to End Injustice).  This trade group of trial attorneys is spotlighting a case in which the Supreme Court of Ohio ruled 6-1 in favor of Sky Bank.  Sky Bank had refused to honor an automatically renewing certificate of deposit from Maxine Spiller, an elderly Logan County resident.  “Automatically renewing” means just what the name implies; if no action is taken by either the CD holder or the bank, it automatically renews for another term.

Spiller had discovered cash and certificates of deposit from a longtime friend who had just passed away. The items were found in a dresser drawer owned by her friend in the home the two had shared for many years.  Spiller attempted to redeem a $30,000 CD issued to Spiller and payable upon the death of her friend.

The bank refused, saying it had no records of the account, which originated in the 1970′s.  The bank could not prove that the account had ever been closed or that the CD had been cashed.

The court majority, including current Justices Maureen O’Connor and Judith Ann Lanzinger, sided with the bank. Both are running for the Ohio Supreme Court this November.

Think about this for just a moment.  If you set aside CD’s or bonds for your children or grandchildren that are to be redeemed upon your death, how are they supposed to prove you did not cash the CD?  The bank can simply say “we have no record of the account” and now, under this Court, your children must prove you did not cash the CD.  Does this seem fair?  Would it not make more sense to require the bank, with all of its computers, record keeping and transaction sheets, to prove that the account was closed or cashed out?  This is especially true in a scenario such as with Ms. Spiller who knew nothing of the account until her close friend had passed away.  Further, since the CD was not payable until the death of her friend, which means she has no lawful claim until the death, what could she have done before hand to protect herself?

Does this seem fair?  Can we afford to have O’Connor and Lanzinger for 6 more years, siding with the banks and insurance companies against ordinary citizens like Ms. Spiller?  Don’t we expect the courts to protect us from such injustices as faced by Ms. Spiller?

Are You Protecting Strangers and Not Your Family?

September 21st, 2010, Category: Cecil & Geiser Blog

I just got off of the phone with a caller asking me about a problem that many folks do not know about until it is too late.  It is one of the greatest injustices currently allowed under Ohio law.

If you have auto insurance or home owners insurance, you expect it to protect you and your family.  Anyone after that is OK but lets face it, we want to protect our own first.  That is not being selfish, it is reality.

Did you know under current Ohio law, your insurance may not protect your family but will protect a stranger?  That is what the Ohio legislature has allowed and this has been permitted by the Ohio Supreme Court.

Many policies now have “Family Exclusion” clauses which hold your coverage is not available if a family member is injured because of your negligence.  What does this mean? If you are driving your car with your family, you stop to pick up a stranger and then you crash due to your negligence, then guess what?  The STRANGER can make a claim against you for injuries but your family members cannot.  You pay for the insurance, you want to protect your family and your policy will not allow it.

The same sort of exclusion may be in your home owners policy.  You cut down a tree limb and it accidentally falls on your child – too bad.  Now if another kid is walking through your yard and the limb hits him, he can make a claim.  Does this make sense?  TELL ME WHAT YOU THINK.

Before it is too late, look at your insurance policies RIGHT NOW.  Call your agent and ask if your policy has Family Exclusions.  If so, tell your agent to find you a company that does not contain these exclusions or find another agent.  If you need some help finding a company, let us know.  We will gladly give you our thoughts.

Judicial Elections- What to do?

September 14th, 2010, Category: Cecil & Geiser Blog

Recently I was traveling through Kentucky heading “home” to see family.  While driving, I tuned the radio to a local talk radio station.  The subject was judicial elections.

Apparently, a local judge was in disfavor for not “throwing the book” at one or more persons that had dipped into a public fund for their own personal use.  The host and callers were all irate and wanted to get rid of the judge but did not know how.

Now, I don’t take a position one way or the other about what the judge did as I know nothing about the crime other than what was said on the radio.  I have learned over the years that there is a difference between “what is said and what is heard”.  What I found interesting is the lack of knowledge of the callers about how judges are elected.

It was remarkable to me that callers were saying “I never vote for the judges” or “I don’t know anything about the judges” or my favorite “I never vote for them as they are all crooked with the lawyers” .

I offer simple advice on the issue.  If you don’t know who to vote for, contact a lawyer that you know.  We deal with judges every day.  Do you think I would suggest you vote for someone that thinks differently than I on fundamental issues?  The lawyers here at Cecil & Geiser as well as any other attorney will gladly take 10 minutes out of their day to offer our suggestions.

Don’t waste your vote.  If you don’t know something, feel free to ask us -  if we can help, we will gladly help.

Are Some Chiropractors Too Aggressive?

August 28th, 2010, Category: Cecil & Geiser Blog

In the past two weeks, I have received calls from injured people telling me that they have been “referred” to a chiropractic office by a hospital emergency room.  The injured person is told by the caller that XYZ hospital asked the client to follow up with “ABC Chiropractor”.  The caller make an appointment for the injured person to go see ABC Chiropractor.  The caller also asks if the injured person has an attorney and states an attorney will meet the injured person at ABC Chiropractor’s office.

I personally find this practice to be not only distasteful but probably deceitful.  In my 25 years of practice, I have never known of a hospital referring a patient to see a chiropractor.  Though it is certainly possible, I doubt that it is occurring with any frequency.  Instead, I think that ABC Chiropractor is getting a police report, reads that the person was transported to the hospital and then calls the injured person the following day under the guise that the hospital asked them to follow up and schedule treatment.

Don’t get me wrong; I have met many chiropractors that I think are professional, honest and practice with an eye towards improving peoples lives.  They do not lie to people in order to get someone in the door.  Further, any attorney that would be on a chiropractor’s (or any other medical provider) speed dial to run to the chiropractor’s office to sign folks up is just as bad.  I wonder who is really getting “the treatment”

Tell me what you think.  Does this seem like a convenience or simply a “con”

Our Blog

August 27th, 2010, Category: Cecil & Geiser Blog

In an effort to keep our clients and the public informed, we have started this Blog.  It is our hope to be informative and timely.  We will strive to address current legal matters or other matters effecting  our clients and the legal profession.

Our second goal is to hear from others.  Are there issues that you wish to discuss or questions that you may have?  Let us know.  So long as not offensive we will post your thoughts on our Blog.

Thank you for checking our Blog and I look forward to hearing from you.

andy

The Ohio Supreme Court is out of control

August 12th, 2010, Category: Cecil & Geiser Blog

We, as Ohioans, have a very important election coming up this November.  Two seats on the Ohio Supreme Court are at issue.  Currently, there are six (6) Republicans and one (1) Democrat serving on the court.

Before going further, I will tell you that I am a registered Democrat.  However, I vote based on the individual and not the party.  Here in Franklin County, I have routinely voted for Republican judges that I thought did a good job and gave my clients a fair chance in their court room.  I have donated money to these judges in their races against Democratic candidates because fairness is more important to me than party affiliation.  Supreme Court Justice Paul Pfeifer, a Republican, can count on my support should he run in the future.  Fairness and balance is all that I ask from a judge or court.

The current Ohio Supreme Court is not a court where I believe my clients receive fair treatment.  This court has issued ruling after ruling in favor of insurance companies and businesses to the detriment of ordinary people.  The court has issued rulings allowing health insurance companies to be reimbursed for its payments before the injured party is compensated for the injury, and permitting caps on the damages but not allowing the attorney to tell the jury that there are caps on damages (how would you like to spend 5 to 6 hours deliberating on what to pay an injured victim and then find out that you could only award “x” dollars regardless of your decision?)

The latest ruling by this court allows a police officer to issue a speeding ticket based on the officer “seeing” the car and determining that the car must have been speeding.  In the case at issue, the Supreme Court ruling allowed an officer to testify that a car was going 70 mph in a 60 mph zone.  Do you really think any officer can determine a difference of 10 miles per hour when vehicles are going that fast?  Can any of you watch a baseball game and determine how fast the pitcher is throwing the ball?  That is about the same speed involved.

Go to http://www.youtube.com/watch?v=FrGD_b8LZLI to see how this story made NATIONAL NEWS for its outrageousness.  Ask yourself if you think you can tolerate 6 more years of decisions like this and the others mentioned above.

For more information you can contact me at acecil@ProtectingOhio.com or go to www.VoteToEndInjustice.com.

Medical Device Legislation

August 7th, 2010, Category: Cecil & Geiser Blog

As some of you know, the U.S. Supreme Court recently made it all but impossible to pursue claims against the makers of medical devices. The decision has slammed shut the courthouse doors and allowed the manufacturers to continue making harmful devices without any worry about taking responsibility for the dangerous products they make.

There is pending federal legislation to help individuals who have been injured by medical devices. This proposed legislation is known as the Medical Device Safety Act of 2009 (“MDSA”) and it was introduced over a year ago. As of the date of this newsletter, neither the House of Representatives version, nor the Senate version of the MDSA has been passed. Without approval of the MDSA, it will be very difficult to defeat any corporation making harmful devices including Medtronics. Please, please contact your Congressman and both U.S. senators and ask them to support the Medical Safety Act of 2009. If ordinary people do not make the contact, this legislation will die along with the people using the defective devices.

Visit www.senate.gov or www.writerep.house.gov to contact your senators and congressmen.