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About Vernonia's voice. (Vernonia, OR) 2007-current | View Entire Issue (Feb. 20, 2014)
8 in other words february20 2014 Natural Path to Health ~ Winter Fun! Dr. Carol McIntyre I hope you all enjoyed our recent snow storm. We all did. I was so glad our kids got to experience the snow in their own back yard. There was much sledding and fun in the snow. I even dug out a snow cave for the kids- a blast from my past as a young girl in NY on my grandparent’s farm. Wonderful memories… Keep yourselves warm and healthy. The flu has been very prevalent this year so support yourself with herbal teas that enhance your immune system and fight pathogens. REST is always the best medicine. When in doubt- remember the warming socks! If you don’t know about this simply amazing treatment ask around About the Law By Steven Leskin Q~ We had some friends over the house this weekend. My dog bit one of my guests. My guest needed stitches in his hand. Am I responsible to pay his medical bills? A~ The short answer is yes. In 2011, the legislature passed a law regarding dog bites. The law provides that a dog owner whose dog bites and injures an- other person is responsible for monetary losses. Monetary losses would cover such things as medical bills and lost wages. The dog bite victim must show that the dog owner knew that the dog had a propensity to bite to recover “pain and suffering.” So, for example, if the dog had attacked someone in the past, or if it was a particularly aggressive breed of dog, then those facts would show that the owner knew of the dog’s nature to bite. If the dog owner has knowledge of the dog’s aggressive nature, then the dog owner is responsible to pay for the vic- tim’s pain and suffering. Your homeowners insurance may provide some payment for medical expenses regardless of fault for injuries on your property. Some homeowner’s policies may exclude dog bite injuries, or dog bites by aggressive dogs. You will need to consult your policy. You should be aware that you are required to report a dog bite which breaks the skin to the county health of- ficer. You should also be aware that if the dog is dangerous, the dog may be or- dered put down. Finally, failure to com- ply with either leash laws or “at large” or stop into the office for a hand out with details. New and exciting developments happening include: • Group acupuncture (coming soon in March) at the office~ I just have to find the perfect comfy chairs… any suggestions give me a call. Thanks! • Qigong classes: At the Senior Center every Friday morning from 9-9:30 AM starting February 14 th . This class is free for anyone over 55 years old thanks to a grant obtained by the senior center. Others are welcome to join the class for my regular fee of $7 drop in or $20/ month. Come check it out and bring a friend. • doTERRA essential oils classes: Marie Krahn will be hosting an introductory ‘medicine cabinet makeover’ statutes may result in liability to you if your dog harms someone or something. Q~ What was the first case decided in Oregon? A~ The first case decided by an Or- egon court was Robert Thompson v. Ja- cob Bakenstos. It was decided in “1853 A.D” during the December (and first) term of the court. The case involved a trespass. Thompson stands as a lasting example to attorneys to follow the rules. In fact, it is a good example of an attorney mal- practice case. The issue on appeal in 1853 was whether one of the attorneys properly preserved his objections to jury instruc- tions, and whether or not the objections were preserved as part of the case record. Jury instructions reflect the law given to jurors during a particular case. They are read by the judge to jurors. It is critical that the jury instructions accurately re- flect the law. This is as true today as it was in 1853. If an attorney believes the jury instruction is inaccurate as given to the jury, he must object at the time of trial to the inaccurate instruction. In Thompson, the attorney for the plaintiff objected to the instructions given to the jury by the judge. The de- fendant won the case. Making an objec- tion to jury instructions was governed by Section 19 of the Practice Act (which is now knows as the Rules of Civil Pro- cedure.) That rule provided that if there was an “exception”, the judge was to sign and seal a “bill of exceptions” and make the objection part of the case re- cord. Columbia Humane Society Featured Pet "Gerald" Gerald came to us as part of our last California transport. He is a very sweet guy that once you come meet him, he will steal your heart. This guys is around 5 years old. He weighs in right around 10lbs. We know he gets along well with other dogs and will be a grand addition to any family. He is very easy going and loves to go for walks with the dog walkers. His adoption fee is going to be $165.00. Web: www.columbiahumane.org 2084 Oregon Street Phone: 503-397-4353 St. Helens, OR 97051 Email: animalwelfare@columbiahumane.org class on Sunday, March 2 nd at 5:30 PM. This is a great way for you to learn the basics about doTERRA essential oils and/or become more acquainted with the oils you may already have and are unsure of how to use. Karin Davenport will be hosting a class as well on Sunday, April 6 th at 3:00 PM. This class will focus on skin care. Come discover what essential oils can help target different concerns you may have with your complexion. Thanks for joining me. I appreciate your continued support and referrals. Thank you much. Be Well~ Plaintiff’s attorney only made a motion to allow the Bill of Exception-but that was insufficient. The motion was appar- ently allowed, but the Bill of Exception was not signed and sealed by the judge. Since it was not signed by the judge, it was not made a part of the record. Since it was not part of the record, the Su- preme Court could not consider whether the correct jury instructions were given. Hence, the decision of the trial court in favor of the defendant stood as the final decision of the court. This case, even 160 years later, still stands for the proposition that failure to preserve objections in the trial court may result in a lost appeal. And, it’s also as true now as it was then: the plaintiff’s attorney needed to call his malpractice insurance carrier. Q~ My neighbor receives Social Se- curity Disability. I see him outside work- ing on his car, taking out the trash, and doing other work around the house. Is this welfare fraud? A~ Social Security is mandatory insurance that all working people must purchase. It is a disability program run through the federal government to pro- vide relief to workers and their families when covered workers become unable to work. It is “social insurance,” not “wel- fare.” Over the years, I have repre- sented a lot of people before the Social Security Administration. In order to re- ceive benefits, an injured or sick person must present medical evidence of their disability. They must have medical re- cords from doctors and hospitals to sup- port their claim. My experience is that the medical community is very sophisti- cated at spotting false and inflated medi- cal claims. Since 1992, I am aware of only one case where I know there was delib- erate misrepresentations to the Social Security Administration. The claimant had stated that she had not worked in over a year. In fact, in the two weeks pre- ceding her statement, she had worked in excess of 80 hours. I had documentation directly from her employer confirming her hours. When she refused to correct her statement about not working, I was required to withdraw from her case. I did so happily. I think that the probability that someone will or could fake medical re- cords is extraordinarily low. I also think that the incidence of doctors outright colluding with attorneys is exceptionally low. I just do not know how someone could produce outright fraudulent medi- cal evidence. To respond to your question, So- cial Security does not require a person to be bedridden. In fact, the rules recognize that a person can care for his or herself and be disabled. The incidental things your neighbor does around the house do not constitute work. That your neighbor is engaged in some around the house ac- tivities does not in and of itself mean that he or she is receiving benefits fraudu- lently. Steven Leskin is an attorney in North Portland. He has been in practice since 1992. You can submit a question to him through www.ModestMeansLawOf- fice.com or through the Vernonia’s Voice website. Vernonia’s Voice is pub- lished twice each month on the 1st and 3rd Thursday. Look for our next issue on March 6th. Vernonia Veterinary Clinic 291 A Street Small and Large Animals call Kim Lovable service at a reasonable price • Bathing • Haircuts • Nail Clipping • Nail Polishing • Specialty Shampoos Now Open Mon, Wed & Saturday 9 a.m. - 4 p.m. Call for Appointments (503) 429-1612 Or 24 hr. Emergency Number (503) 397-6470 700 Weed Ave. Vernonia, OR
