Taken For a Ride

In May of 2002, Maribeth Blonski and a friend went mountain biking on trails around West Hartford Reservoirs in Connecticut.  An avid cyclist, Maribeth was familiar with the trail and had no problem maneuvering through narrow paths, rocks and woodlands.  As she was finishing her ride, Maribeth put her head down and accelerated.  She appeared to be racing her friend to the finish line.  Unfortunately, the finish line turned out to be a 15- foot yellow gate at the entrance to the reservoirs.  Although the steel gate had been there for decades, Maribeth had never seen it closed.  When she finally looked up, it was too late to avoid impact; her bike skidded under the gate, her head smashed into the barrier, and she broke several vertebrae in her neck.
 
The Metropolitan District Commission (MDC), a nonprofit water utility company, owns the West Hartford Reservoirs.  Although they are used for water filtration, many joggers, walkers and cyclists also enjoy the 3,000 acres of wooded trails.
 
Maribeth sued the MDC for negligence, claiming that it had failed to protect mountain bikers by not warning them that the gate, which was usually open, was not closed.
 
The MDC, a municipal corporation, argued that it was immune from liability under the common law and statutory doctrine of government.  It also claimed that the Recreational Land Use Act barred Blonski recovering for injuries incurred while engaged in the dangerous adventure sport of mountain biking.  Finally, the MDC maintained that even if the utility was not immune from liability, Blonski’s negligence had caused her injuries.  The utility said that after the 9/11 attacks it ha decided to close the gate as a security measure against terrorists and contamination.  Despite the change in policy, the MDC maintained that the gate was clearly visible – ad that, in this case, Blonski wasn’t paying enough attention as she rode the well-marked trails.
 
At the trial witnesses stated that when they first saw the closed gate they had no  difficulty going around it.  A police report stated that the trail was straight and level for 500 feet away and that the gate was clearly visible.

For the decision, visit our facebook page.
 


Corned Beef and Cabbage

ingredients:
5 lbs. corned brisket of beef
6 peppercorns, or packaged pickling spices
3 carrots, peeled and quartered
3 onions, peeled and quartered
1 medium-sized green cabbage, quartered or cut in wedges
4 tbs. melted butter

directions:
1. Place the corned beef in water to cover with the peppercorns or mixed pickling spices (in supermarkets, these often come packaged with the corned beef). Cover the pot or kettle, bring to a boil, reduce heat and simmer 5 hours or until tender, skimming occasionally.

2. During the last hour, add the carrots and onions and cover again.

3. During the last 15 minutes, add the cabbage. Transfer meat and vegetables to a platter and brush the vegetables with the melted butter. Serve with boiled parsley potatoes, cooked separately. (The stock can be saved to add to a pot roast or stew instead of other liquid.)

The History Channel website

Attorney Christmas Obtains $230,000 Settlement for Injured Paramedic

As Well as Lifetime Medical Care and Treatment for His Work-Related Injuries

Howell and Christmas, LLC,  is pleased to announce that Attorney Gary Christmas has obtained a  $230,000.00 settlement award for a Paramedic injured on the job.  Attorney Christmas was also able to get the worker lifetime medical care and treatment for his injuries to his head, including physical brain damage, left eye, cervical spine, right shoulder, right upper extremity, right elbow, right wrist, left shoulder, left upper extremity, left forearm, left elbow, left wrist, back, lumbar spine, ribs, chest, coccyx, pelvis, left lower extremity, left knee and right lower extremity.  The case was settled in February of 2012.
 
The Paramedic was injured driving a Charleston County EMS motorcycle to an accident site and was hit head on by a Ford 150 truck.  Mr. Christmas obtained for the injured worker maximum  monetary benefits and maximum lifetime medical benefits for the injuries the Paramedic sustained on numerous body parts which were sustained in his on the job accident.
 
Attorney Christmas represented the injured worker and noted that this settlement is significant in that the injured worker will have all future medical care and treatment for his injuries paid for by the worker’s compensation insurance carrier.
 
Congratulations to Attorney Christmas and our client.


Happy St. Patty's Day

From the Howell and Christmas Staff

In addition to the (hopefully)warmer weather and longer days that come with the onset of Spring, March provides all of us the privilege to be Irish for a day. Marking the religious feast day and the anniversary of Saint Patrick's death in the fifth century, March 17 has been a day of religious celebration and observance for over 1,000 years. But the waiver of Lenten prohibitions has come to have very serious implications for the modern, and more secular, observer of this Great Holiday.

Saint Patrick's Day is one of the leading days for alcohol consumption in the United States. And with copious consumption comes a spike in alcohol related deaths, particularly those due to driving under the influence. On Saint Paddy's 2009, according to the National Highway Traffic Safety Administration, 37 percent of drivers involved in fatal auto and motorcycle accidents had a blood alcohol level of 0.08 or above. Also, no matter where you live, police and law enforcement officers will certainly be looking for impaired drivers, and the last thing anyone wants is to spend Saint Paddy's in jail while loved ones frantically find a DUI attorney.

Simply put, driving drunk is foolish. So if you've got your green outfit already planned and primed for celebrating, don't let the green beer, Jameson, Bailey's, or any other libation impair your better judgment. Take a little bit time before the festivities begin and plan a safe way home. Before drinking, designate a sober driver and leave your car keys at home. Or, if you expect everyone in your party to be partying, reserve a taxi service in advance. But keep in mind that Saint Paddy's is a busy day for cab companies, so make arrangements early. And always be on the lookout for someone who is about to drive drunk. While they may hate you for it at the moment, take their keys and help find an alternative form of transportation.

While we're all for having a good time this Saint Patrick's Day, your lawyers and staff at Howell and Christmas, LLC urge all of readers to make safety a priority and help reduce the number of arrests, accidents, and deaths this year. Cheers!

 


Stella Maris Great Strides Walk

Great Strides is in Cystic Fibrosis Foundation’s largest and most successful national fund-raising event.  Jenna Ross, Gary’s paralegal, and her team, Gliders for Garrett, are walking in the Great Strides walk at the  2012 Charleston-Stella Maris (on Sullivan’s Island).  Stella Maris Great Strides walk is taking place on May 12, 2012 at 9:00a.m..  Every generous gift will be used efficiently and effectively, as nearly 90 cents of every dollar of revenue raised is available for investment in vital CF programs to support research, care and education.
 
Cystic Fibrosis (CF) is a devastating genetic disease that affects tens of thousands of children and young adults in the United States.  Research and care supported by the Cystic Fibrosis Foundation is making a huge difference in extending the quality of life for those with CF.  However, we continue to lose precious lives to CF every day.  That’s why your help is needed now more than ever to ensure that a cure is found sooner, rather than later.  To learn more about CF and the CF Foundation, visit www.cff.org.   
 
If you are interested in participating in the Stella Maris Great Strides walk which is taking place on May 12, 2012, please go to the www.cff.org website.


St. Patty's Trivia


Take a shot at answering these questions about traditional St. Patrick's Day foods and drinks.  For the answers, visit our facebook page.

1. What is colcannon?
a.) Corned beef and cabbage
b.) Mashed potatoes and spinach
c.) Mashed potatoes with onions and greens
d.) Corned beef with onions and greens

2. A bar in which city recently made the world's largest Irish coffee?
a.) Dublin
b.) Boston
c.) Milwaukee
d.) San Francisco
e.) New York

3. True or False: Irish soda bread is made with club soda.

4. What is boxty?
a.) A traditional Irish stew
b.) A mix of raw and cooked potatoes
c.) An Irish-style omelet
d.) An Irish liquor made from potatoes

5. True or False: Bailey's Irish Cream actually hails from Ireland.
North Charleston Office
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