Pennsylvania Golfers Beware: Golf at Own Risk

Bad news for the casual (and especially the below average) golfer: Pennsylvania courts may find you liable for negligence due to errant shots.

In reviewing a Philadelphia County case, the Supreme Court vacated a summary judgment ruling by the Court of Common Pleas and found that under the circumstances, an injured golfer could establish that his playing partner breached a duty of care in hitting a shot that ended up striking him in the face.   Granted, the facts in that case seemed more negligent than the typical case: the injured golfer had driven up to see if the area was clear to tee off, he never signaled that it was and his partner teed off and hit a “duck hook” shot.   The plaintiff’s attorney also believed that the decision is another step towards eliminating the so-called “assumption of risk” defense.

So, essentially, it all boils down to circumstances, such as how you’re playing, whether there was communication that you were about to swing, etc.  The best rule is probably to play it safe and ensure that people are not in front of you when you are about to slice your ball.

Workers’ Compensation and How It Can Affect You

Your practice may involve commercial litigation, transactional work, tax or pretty much anything else other than workers’ compensation.  Even if you don’t work in the field, you should, however, be aware of how workers’ compensation could affect you.

Workers’ compensation, as a general rule of  course, applies when someone sustains a job injury or work-related illness.  Most of the time, one thinks of workers’ comp as applying during manual or physical jobs.  It goes well beyond that, as I personally found out.

Last week, I had the misfortune of breaking my leg during a softball game.  Because it happened in a lawyers’ league game, while playing for my law firm’s team, technically, it was considered a workers’ comp issue.  The firm submitted the claim to the comp carrier, which accepted it and is covering my medical bills (including ambulance ride, admission to the hospital, surgery, additional expenses necessitated by my condition, etc.).  I’ve spoken with others and found out that injuries such as hurting your back or wrist while lifting boxes of files at work or other injuries that occur “because  of your work” can be covered.

So anytime you are injured or become ill because of something related to your work, make sure to report it to your HR or benefits coordinator to determine if it qualifies.  You may be eligible for medical care, payments for lost wages, etc.

Employment Opportunities for Some, Depending on Physical Skill Set

If you logged onto philly.com on Sunday morning, you would have noted that the lead article dealt with how the recession has caused promising careers to crumble for those in their 20s.  It is somewhat ironic that further down the home page, you would have seen further coverage on how a 29 year old with no college degree who has been unemployed for the last two years has just gotten a $1.6 million a year job in South Philadelphia.

Of course, that’s not the full story with Michael Vick.  He brings certain skills that the other 14 percent of twenty somethings in the Philadelphia area who are unemployed do not have.  Then again, he also significant baggage.  A common mantra repeated by those in favor of the Vick signing has been that “everyone deserves a second chance.”  Technically, of course, this would be more of a fifth or sixth chance, but that’s neither here nor there.  Also, while Vick isn’t in either category, does “everyone” include serial murders or repeat child molesters?  Some would say that the acts to which Vick admitted to (including hanging and drowning dogs) are just as bad.

Typically, those coming off of felony convictions have a significant problem finding jobs.  Usually, you would have to go through a supervised release program, but most large employers would stay away from you.  It’s certainly disheartening for those who are looking for gainful employment and without criminal records to see Vick get such a lucrative deal in this day and age.

More to the point, if you are the Philadelphia Eagles management, do you really want to be the team to give Vick that next opportunity to have the privilege of playing in the NFL?  Because of Vick’s talents, someone is going to do it, but would you want your organization to be the one to take the heat for doing so (particularly when earlier in the year, your owner claimed that the team only had high character players)?

The flip side is the positives that may occur with Vick signing with the Eagles.  For instance, if he is able to donate a significant amount of time and money to humane and animal rights organizations, then perhaps some positives can come of it.  Maybe so, but it’s doubtful that a “positive” contribution to the community was the primary consideration in this signing.

Giving the Necessary Effort, Regardless of the Size of Your Case

For about a week and a half, I spent a significant time preparing for this case that was going forward this past Friday.  It has been in litigation for two and a half years, there have been about ten depositions, eight expert reports, and possibly up to ten witnesses to be called up or cross examined.  The big hitch: the case did not have a “big” dollar value and was proceeding in a local county arbitration.

Regardless of the size of the case, though, I’ve learned that you have to put forth the necessary effort as you would in a bigger case.  Granted, you don’t necessarily go over the top with your financial expenditures (probably a good idea to skip the computerized simulation), and you certain look for the opportunities to resolve it in less costly options such as ADR.  You still should do the necessary preparation and know your case inside and out.  Additionally, what may not be a big case to you may indeed be considered that to other people (the client).  Whatever the outcome, the client acknowledged our efforts and thought we did a good job. 

So, even if you seem to be working on mundane matters or “small” cases, remember that the client probably still cares quite a bit.  Give the effort you would in bigger matters and what the client would expect.