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Legal News August 2007
$2 Million Verdict Against Wal-Mart Recently a Wal-Mart pharmacist convinced a Berkshire County jury to award her nearly $2 million. The female employee worked at the Wal-Mart in Pittsfield for nearly ten years. She complained that when she asked to be paid as much as her male counterparts with similar experience, she was laid off. As is the case in many employment cases including Wal-Mart, the employer usually has a contrived reason to justify termination. In this case, Wal-Mart complained that she left the pharmacy unattended while prescriptions were being filled by an authorized technician. During trial it was shown that her male counterparts did the same thing, but were never disciplined.
Supposedly the case could not be settled because the woman wanted an apology, something that apparently Wal-Mart refused to give. The most helpful experts in the case were an economist, but more importantly, an expert witness in human resource department practices. The human resource expert was apparently the lynch pin which led to the verdict for the female employee. Always Request a Show Cause Hearing
It is important to retain the services of an attorney since most individuals who are unrepresented do not have the skill or the knowledge of the law to be able to defend themselves. Oftentimes, in the event that the charges may be true, we have been successful – in 90 to 95% of the cases – in obtaining diversions to avoid a criminal complaint, with out-of-court recommendations and solutions. Before permanent records are created, please call us for a free consultation to find out how we can help you maintain an unblemished criminal record. Police Officer Receives a $770,000 Settlement A police officer in a recent case received a settlement of $770,000 after being struck while on duty by a drunk driver whose blood alcohol content was .30. The officer received an injury to his right major hand resulting in permanent metatarsal damage and further resulting in his permanent disability from the police force. The officer sued the driver and the liquor establishment responsible for over-serving the driver. |
Protect Yourself from Identity Theft/Fraud Today, more and more people are aware of the dramatic increases in identity theft/fraud thanks to a variety of media outlets. However, very few people take proactive steps to protect themselves from identity theft/fraud. Below, we have listed some simple steps to protect yourself from identity theft/fraud as well as what you should do if your wallet is lost or stolen. The next time you order checks do not use your full name. Use your first name initial and your last name. If you have a P.O. Box, use that rather than your home address. Never have your social security number printed on the checks. If a merchant requires your phone number on the check, use your work number.
When writing checks to pay credit cards, do not write your entire account number on the check. Instead, write just the last four numbers of your account number. Do not sign the back of your credit cards. Instead, write “Photo ID Required”. Photocopy the contents of your wallet. This includes your license, credit cards, social security card, etc. Place the photocopies in a safe place where they can be quickly retrieved if your wallet is lost or stolen. If your wallet is ever lost or stolen, you should IMMEDIATELY: Report all credit cards lost or stolen; File a police report; and Call the three national credit reporting organizations to place a fraud alert on your name and social security number. This is particularly important as any company that checks your credit will know your information was lost or stolen and will have to contact you to authorize new credit. Below are the numbers you will need if your wallet, I.D., etc. has been lost or stolen: Equifax: 1-800-525-6285 Experian: 1-888-397-3742 Trans Union: 1-800-680-7289 Social Security Administration
Check the National Driver Register This entity is a government registration bureau that requires all state Registry of Motor Vehicle Departments throughout the United States to file reports of violations and license suspensions of all drivers. If you have had any traffic violations or suspensions of your right to operate outside of Massachusetts or outside of your home state, it would be wise to request a record check. Since a notice of suspension is often triggered by an open case from a foreign state, it may take some time for Massachusetts to notify you of a suspension. By checking you will be able to clear up the outstanding matter and avoid suspension of your driver’s license. Upon completing the appropriate form, the National Driver Register will provide you with all information, if any, free of charge. To obtain a copy of this form please go to our website at www.ianello.com for a link to the register which will provide you with a request form as well as filing instructions. |
Automobile Insurance You Must Have Oftentimes when clients come into my office as a result of a motor vehicle collision in which they have sustained serious injury, my first question is, “What do you have for automobile insurance coverage that protects you in the event that the wrongdoer has inadequate insurance?” The response is nearly universal: “I have full coverage.” Unfortunately, very few realize that insurance agents keep insurance rates to a minimum at your expense by failing to recommend insurance coverage that will protect you in the event of serious or catastrophic and permanent injuries.
If you look at your insurance coverage selection page, you will find that the mandatory coverage is 20/40. This means that in the event that the wrongdoer is insured for only $20,000, your maximum recovery is only $20,000. It makes no difference how serious your injuries are; the $20,000 maximum will apply. I recommend that you consult with your insurance agent and obtain quotes for a minimum of $100,000 for the following: #3 Uninsured Coverage #12 Underinsured Coverage #5 Optional Bodily Injury to Others #6 Medical Payments With reference to medical coverage, most people believe that $8,000 in Personal Injury Protection Benefits (PIP) is adequate. Today, if you miss work and you have medical bills that exceed $8,000, your coverage ends. Even if your health insurance pays your bills, the insurer will have a lien on your case and must be paid back out of your recovery. By having the extra coverage (#6 – Medical Payments), your bills and medical liens will likely be paid in full. If you have any questions or require any assistance in determining the appropriate insurance coverage to protect yourself, please feel free to call us for help.
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On the criminal side of the court, there exists a procedure whereby an accused may be entitled to what is known as a “show cause” hearing. Sometimes you are notified by the police through a citation which will list criminal offenses with civil offenses, such as speeding. On the back of the form there is a box where you can appeal the civil infraction and also a box with instructions as to how to request what is known as a show cause hearing before a magistrate or assistant magistrate in the particular court of jurisdiction. These hearings are not public records as most recently set forth in Eagle Tribune vs Clerk Magistrate of Lawrence Division.
