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