msb, Author at Morefield Speicher Bachman, LC

What Caused Elvis’s Death? What Part Did Minor Traumatic Brain Injury Play?

My family and I visited Memphis this summer. Since this year is the 40th anniversary of Elvis’s death, we made it a priority to tour Graceland. It was a first for all of us, and we had a great time. While touring Elvis’s private residence, I started wondering about the actual facts and circumstances of his death. So I googled it. What I found was very interesting and it caused me to ask the question: What really caused Elvis’s death? Over the past 40 years, there has been a lot of speculation about what led to Elvis’s death. Was it a simple heart attack? A drug overdose? It’s no secret that Elvis indulged in drug use, especially during the later years of his life. It’s also no secret that he had serious health problems for the last 10 years of his life. He suffered from hypertension, Cushing’s disease and high cholesterol, among other things. He was hospitalized and treated on multiple occasions for a variety of health issues. His history of health problems and drug use have made the conclusions of a drug overdose or a heart attack seemingly obvious for decades. But was there something the doctors were missing? Is there another piece to this puzzle? At least one doctor, Dr. Forest Tennant, who has extensively researched Elvis’s death and traumatic brain injuries (TBIs), thinks so. (insert link to article) As I learned while reading this article, standing in Elvis’s famed Jungle Room, Dr. Tennant concludes that head trauma suffered by Elvis was downplayed and could have been the root cause of his death. There are at least 4 documented instances of Elvis suffering head trauma as an adult. While some of those instances may seem minor, it’s important to note that even minor brain damage from head traumas can lead to significant consequences. In 1956, Elvis was knocked in the head during a fight at a gas station. Also in 1956, Elvis was struck in the head by a man at a hotel bar. In 1958, he was repeatedly knocked down throughout some rough roller skating “war games”; these were so rough that Elvis provided each player with an oxycodone/aspirin pill. The last, and most severe, head trauma occurred in 1967 when Elvis fell and hit his head hard on a porcelain bathtub and was knocked unconscious. After these incidents, as we now know is common with even mild traumatic brain injuries, Elvis’s behavior changed. He became erratic and irrational. He would refuse to bathe, take unknown pills, and complain of headaches, insomnia and pain all over. Elvis’s decline in health and increase in drug abuse may be attributed in large part to having suffered a TBI. Similarly, some of the health issues Elvis suffered, including infections and pain, may have stemmed from Autoimmune Inflammatory Disease that developed or was accelerated as a result of his head traumas. Autoimmune Inflammatory Disease occurs when brain tissue is leaked into the general blood circulation. This tissue is toxic to the rest of the body and when leaked, the antibodies start attacking normal tissue throughout the body. This can cause pain all over the body, including the spine, joints and muscles. It’s possible Elvis was using drugs to self-medicate and manage this pain. If Elvis or his family had known he was suffering from an autoimmune disease, brought on by traumatic brain injuries, is it possible he could have received treatment rather than relying on drugs to self-medicate? Could he have been saved? While we can’t change history, we can learn from the past and work to prevent others from suffering the same fate in the future by knowing the facts about TBI. TBIs can cause paranoia, reclusive behavior, poor hygiene, hostility and drug use. An Autoimmune Inflammatory Disease can cause headaches as well as pain throughout the body, and many patients are misdiagnosed with fibromyalgia. If you or a loved one has suffered head trauma, whether from a car crash or motorcycle wreck, or from a fall, be aware of the symptoms of traumatic brain injury and make sure to receive a full and complete workup and diagnosis.

AIA Contract Revised for 2017

Construction Law / By msb

AIA has been an industry leader in providing form contracts to the construction industry for over 100 years. Every ten years their documents are revised to keep up with changes in the law. In 2017, a significant amount of their documents were updated. One frequently used AIA contract form that underwent substantial change was the “General Conditions of the Contract for Construction.” Insurance and Bond Exhibit One of the areas that underwent significant change was Article 11, which covers insurance coverage and bonds. A majority of this section was transferred to an exhibit. The creation of the Insurance and Bond Exhibit gives the parties greater flexibility and the ability to tailor the document to their needs. It also identifies what is optional, vs. mandatory coverage. This exhibit can also be used for other agreements, outside of insurance coverage and bonds. The language of Article 11 was changed in several important ways. The Contractor is not required to provide a Certificate of Insurance for instance. In the new version, a Contractor and an Owner are required to provide each other with notices of cancellation of coverage. Provisions were also added that protect the Contractor and subcontractors if the Owner doesn’t comply with the insurance requirements. Payment Inspired by the 2008 recession, AIA has revised the language that addresses the Owner’s ability to pay. The Contractor now has steps to follow if he does not receive assurances of payment. Digital Communications AIA has changed what is considered acceptable modes of communication. Digital communications are now allowed for sending notices between the parties. It is important to note, however, that any notices of claim must still be sent the traditional way (courier, personal service, certified mail). Filing a Claim The time frame for filing a claim has changed. Once the first decision and mediation is complete, a party can request that the other file a claim. Failure to do so within 60 days means both sides have waived their right to further arbitrate or litigate the issue. Minimum Changes The Contractor’s rights pertaining to change orders has been revised. If the Owner requests a small change, but the Contractor feels it will negatively impact the existing agreement (timing or price), he is not obligated to complete the change without a written change order. These are just a few of the changes that have been made to the AIA documents. If you are planning on using these documents in the future and have questions, please contact me.

Ten Water Safety Tips for the Hot Kansas City Summer

News / By msb

It is getting hot out there! July is always an almost unbearably hot month here in Kansas City – we hope you’re staying cool and staying safe at the same time. One of the most popular ways to cool off in the summer is by taking a dip in the water. Whether you’re cooling off in the pool, river, or even taking an out-of-state trip to the beach, there are some easy steps you can take to ensure the safety of yourself and your kids. How much do you know about drowning? Did you know it’s the second most common cause of death of children under the age of 14? Did you know it can happen in less than 2 minutes? The good news is you can take steps to prevent water dangers and keep your kids safe, cool and happy. Keep these ten water safety tips in mind this summer: Teach your children water safety and swimming as soon as possible. While you should never rely only on swimming lessons or life jackets to make water “safe”, you can teach your children about the dangers of the water. Explain to them why it’s important not to go into the water without an adult and teach them how to swim. Install a fence around water areas. Whether it is a pool or a spa, be certain you have adequate fencing around the area and ask your neighbors to install appropriate fencing as well. Fencing should be at least 4 feet tall and have self-closing and self-latching gates, but check your local laws and ordinances because they may require something more. If you have a spa, install a lockable cover. Reduce access to water areas. If you have a pool, use alarms on doors and windows that lead to the pool area, remove furniture that a child could use to climb a fence into a pool area and put away toys that might entice children into the pool area. Learn CPR. Learning CPR can be invaluable. Take a class to learn CPR and post the instructions near the water area. You should also keep a fully-stocked first aid kit near the water area in an easily accessible place. Make sure everyone is aware of the location of the first aid kit. Always supervise children. This one may go without saying but is always a good reminder. Never assume someone else is watching your children. Never use flotation devices as a substitute, even for a short period of time. If you’re in a social setting, make sure all of the adults know who is in charge of watching the children and consider designating a specified “watcher”. Remember, when children are in trouble in the water, it is not always something you hear – in fact, it is usually silent. Post and communicate water safety rules. Create safety rules for water areas. Discuss them with your children as well as any family members, neighbors or babysitters who many supervise the children. Have a plan to review these rules throughout the summer to keep everyone on the same page. Some rules to include are: Never go near the water without an adult’s permission and supervision. Only walk near water areas. Do not run. No diving into the water. No pushing or rough-housing near the water. Stay in shallow water. Only use plastic containers near water. Whether you’re sitting on the beach or around your pool, avoid glass containers. Broken glass can be hard to see and remove. Always ensure lifeguards are on duty. At the pool, beach or a water park, you should always ensure there is a lifeguard on duty. Remember, this does NOT take the place of supervising your children but is an extra precaution in addition to your supervision. Keep children away from suctions and drains. Suctions and drains can cause additional danger to children. Locate all the suctions and drains in your water area and keep children away from them. Always use life jackets. While you should not rely on life jackets in place of supervision, your children should always wear a life jacket when around water. Ensure the life jacket is coast-guard approved and fits your children appropriately. Using the wrong size life jacket can create a dangerous situation. Keep these tips in mind this summer and always remember, if you are near a water area and a child goes missing, always check the water area first. Stay cool this summer and more importantly, stay safe!

Ten Tips to Reduce Pedestrian Related Traffic Accidents

Personal Injury / By msb

The weather in Kansas City is perfect this time of year. You can feel the first hints of summer around the corner but without the overbearing humidity that will inevitably hammer us in July and August. It’s only natural we take every opportunity to be outside; walking the dog, window shopping on the Plaza, or enjoying Crossroads First Fridays. As more of us take to the streets though, the chance of pedestrian related traffic accidents goes up. The likelihood of significant personal injury or death is much greater in motor vehicle crashes involving a pedestrian. The Missouri Department of Transportation recently reported 83 pedestrian fatalities in Missouri in 2016. This number represents nearly 10% of all traffic fatalities in Missouri for the year. Here are a few seemingly simple tips to help reduce pedestrian related traffic accidents. 1. Put your phone away. Don’t walk near roadways, in crosswalks, or in parking lots with your head down focused on texting or playing games. It’s much easier to get out of the way of a driver that doesn’t see you when you’re not engrossed in the latest cat video. 2. Stay in your vehicle. If your car becomes disabled on the roadway, stay inside it whenever possible. Wait for help to arrive. Drivers are more likely to see your car than they are to see you standing outside of it. If you must leave your vehicle, please remember to turn on your emergency flashers, and keep a constant lookout for oncoming traffic. 3. Look both ways before you cross the street. That good old rule you learned from your mom when you were five still applies. She may not be standing there to hold your hand as you cross, but hopefully she’s in your head reminding you of this little nugget. Don’t assume because the crosswalk signal flashes ok to go that traffic coming either direction has stopped for you to cross. 4. Make sure you’re visible. Just because you can see a vehicle, doesn’t mean the driver can see you. This is especially true at night. Walk in lighted, pedestrian designated areas whenever possible. Wear light colored or reflective clothing at night. Be aware of obstacles that may make it hard for a driver to see you such as bushes or parked cars. 5. Avoid alcohol consumption. Almost half of car crashes that involve a pedestrian casualty also involved alcohol consumption – a third of which, the alcohol consumption was on the part of the pedestrian. Remember that alcohol can impair reflexes and decision-making ability both behind the wheel as well as on your feet. 6. Use crosswalks. Even if you don’t see any cars coming, it’s best to wait to cross the street until you are at a crosswalk. Crosswalks are where drivers are most likely to expect to see pedestrians and are the safest place to enter the roadway. 7. Make eye contact. Even when you have the right of way, never assume the driver will allow you to go first. Making eye contact with the driver will ensure that they see you before you enter the roadway. 8. Walk on the sidewalk. If a sidewalk is unavailable, you should walk on the shoulder of the road and face traffic. 9. Beware of parked vehicles. Parked vehicles can be dangerous themselves. Ensure the car is parked and the driver is not about to drive. Do not enter roadways near parked vehicles – they can obstruct other drivers’ views of pedestrians. 10. Walk defensively. Always be aware of your surroundings and expect the unexpected. Use particular caution when walking across a driveway or alleyway where drivers may not be expecting to see pedestrians. As you get out to enjoy this beautiful weather, remember these 10 tips and share them with your friends and family to help us keep Kansas City safe for both drivers and pedestrians.

Richard Morefield Appointed to Chair TIPS Trial Techniques Committee

Business Law, News / By msb

Attorney Richard Morefield has been appointed as Chair of the TIPS Trial Techniques Committee for the 2017-2018 membership year. As chair, Rick will lead a diverse group of trial attorneys and law students from across the United States toward the goal of enhancing trial and advocacy skills for the more than 2000-member committee. The Trial Techniques Committee is the largest committee of The Tort Trial and Insurance Practice Section (TIPS) of the American Bar Association (ABA). TIPS provides education, training, and networking opportunities to its more than 20,000 members which includes lawyers, judges, and law students.

Scaffolding Safety Tips

Construction Law / By msb

High rise or multi-level construction is common these days and presents many potential dangers, one of which is scaffolding accidents. It is estimated that 2.3 million workers (over 65% of all construction workers) spend at least part of their time on scaffolding. Constructing and using scaffolding for a project presents numerous hazards to workers. According to the Occupational Health and Safety Administration (OSHA), most injuries related to scaffolding accidents occur due to tip overs, falls, being struck by falling debris, or contact with live power lines. According to OSHA, taking steps to protect construction workers from these accidents would prevent 4,500 injuries and 50 deaths per year. Here are some Scaffolding Safety Tips to keep in mind: Always choose the most appropriate scaffolding for the job considering the tasks at hand, the weather, etc.; Scaffolding should be able to bear 4 times the anticipated weight; Ensure that all workers wear hard hats to protect themselves from falling objects; Site managers should always review the scaffolding manufacturer’s guidelines for proper use; All scaffolding materials should be at least 10 feet away from power lines; Scaffolding planks should be close to another, with never more than one inch of space; Employees should have safe access to the scaffolding (cross-braces should not be used as ladders, for instance); Be sure that planks that are 10 ft. or shorter are 1-12 inches over the line of support and planks 10 ft. or longer are 18 inches over the line of support. Platform should be 14 inches away from the wall; Ensure all metal components are free from rust, holes or broken welds; Insist that workers report any cracks in wood planks larger than ¼ inches; Debris should never be allowed to accumulate on the scaffolding; Shore or lean-to scaffolding is never allowed; Overhead protection should be provided when work is being done above. These are just a few of many suggested precautions that should be taken when dealing with scaffolding. OSHA contends that many if not all scaffolding related accidents can be controlled by adherence to OSHA guidelines. If you have any questions regarding construction site safety or your OSHA compliance, please give us a call. #keepeachothersafe

Drunk Driving Causes 27 Deaths Each Day in the US

Personal Injury, Wrongful Death / By msb

Each day drunk driving causes 27 deaths in the United States. That’s 27 deaths each day that are 100% preventable. Here’s how you can help prevent drunk driving, whether you are attending or hosting a party. If you’re hosting a party, you should… Offer non-alcoholic beverages; Serve plenty of food; and Arrange for transportation for guests – plan for a sober driver to be available, call a cab for guests, etc. If you’re attending a party, remember… Don’t drink, or arrange for a sober driver ahead of time; Don’t let others drive when impaired; remember, when talking with an impaired individual, you should speak slowly, remain non-confrontational, and offer alternatives to driving; and Report drunk driving to 911 as soon as possible. Drunk driving occurs all around us, not just at parties. In addition to preventing family, friends and acquaintances from driving drunk, you should report drunk driving on the road. Some of the signs of drunk driving include: Weaving, swerving or drifting over the center line; Driving on the wrong side of the road; Driving at a slow speed; Stopping for no reason; Erratic braking or accelerating; Driving without headlights at night; and Tailgating. If you see a drunk driver, you should… Stay a safe distance from the vehicle. Do not interact with the driver – do not attempt to pass the driver or signal the driver to pull over. Remember, this person may be impaired. Further distracting a drunk driver could result in a crash. Note the make, model and color of the car along with the license plate. Pull over, call 911 and report the location of the car and the description of the vehicle. You can also educate your social networks on the dangers and consequences of drunk driving. What are those dangers and consequences? Injuring yourself and others; Causing the death of yourself and others; Causing damage to property including cars, homes, and other property; and Criminal consequences including license suspension, jail time and fines. While some of these tips may seem obvious, they aren’t always comfortable to follow. Refusing to allow someone to drive impaired may cause them to become angry with you. You may worry about getting the driver in trouble by reporting drunk driving. The alternative, however, could be much worse.

Prepare for Compliance – OSHA Silica Regulations Explained

Construction Law / By msb

Back in March of 2016, OSHA published a regulation that requires construction employers to limit worker exposure to respirable crystalline silica. Silica can be dangerous when inhaled by construction workers, causing lung disease and even cancer. Silica dust is frequently found where things like cutting, grinding, sawing, drilling or crushing is taking place. This fine dust is created when sawing bricks or grinding stone, for example. OSHA estimates that over 2 million construction workers are exposed to respirable silica annually, at over 6,000 job sites. Under this new ruling, employers are required to limit worker exposure and take steps to ensure that they are protected. OSHA created two standards, one is specifically for the construction industry, and the other is for general and maritime industries. Under the construction guidelines, employers are allowed to use a control method, which is set out in OSHA rules, or they can measure worker’s exposure independently. Irrespective of which method an employer chooses, all will be required to: Create and implement a written control plan. The plan will identify which tasks are particularly hazardous and employ methods to protect workers; Identify a competent person who will be in charge of implementing the plan; Restrict any housekeeping practices that expose workers; Provide medical exams to any worker that is required to wear a respirator for more than 30 days per year; Train workers on ways to limit exposure; and Keep records of worker exposure and exams. Recently, OSHA has announced a 3 month delay in enforcing this new regulation. While it was originally set to take effect in June, the scheduled start date is now September 23, 2017. OSHA has stated that additional time is necessary so that they can provide guidance to employers. The Construction Industry Safety Coalition said that while they are happy about the extension, they remain concerned about the feasibility and enforcement of the new regulation. They have suggested that the enforcement be delayed for one year. In the interim, the American Subcontractor’s Association recommends that business owners prepare for compliance. This entails developing ways to control silica dust and exposure. Read the Final Rule here or contact construction attorney Stan Bachman for guidance.

Who is At Fault for a Car Accident in Bad Weather?

Personal Injury / By msb

We all know Kansas City weather can turn on a dime. I was golfing a few weeks ago and scraping ice off the windshields last week. When winter weather strikes, it can catch Missouri drivers off guard. Black ice, rapidly changing road conditions, and limited visibility can contribute to drivers losing control and causing an accident, resulting in serious personal injury and even death. But who is really at fault for a car accident during snow or ice conditions? The nasty winter weather, or the driver operating the vehicle in that weather? Weather conditions are just one factor to consider in determining fault, and assessing your ability to recover, if you are injured in a car or truck accident during bad weather. Fault in Missouri is based on a finding of negligence against one or more drivers involved. Negligence regarding operation of a motor vehicle is defined as “the failure to use the highest degree of care”. R.S.Mo. § 304.012 – Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. Have you ever heard someone involved in a car accident during a snow or ice storm say, “There was nothing I could do! The roads were so slick!”? Despite what they may say or believe, slick roads are usually not the ultimate cause of an accident. Some other factors they may not be considering include: Was the driver caught in a snow or ice storm unexpectedly, or have the weather conditions actually existed all day? Was the driver following the car in front too closely for the conditions? Was the driver going too fast for the conditions on the roadway? Was the driver using his or her phone at the time of the accident? Are the driver’s vehicle and tires in good working condition for the winter weather roads? Although snow and ice are a factor to consider when determining fault, they are only one factor among many. An experienced personal injury lawyer will be able to ask the right questions to determine the relevant facts specific to your accident, and not let a negligent driver get away with blaming it on the weather.

msb

What Caused Elvis’s Death? What Part Did Minor Traumatic Brain Injury Play?

AIA Contract Revised for 2017

Ten Water Safety Tips for the Hot Kansas City Summer

Ten Tips to Reduce Pedestrian Related Traffic Accidents

Richard Morefield Appointed to Chair TIPS Trial Techniques Committee

Scaffolding Safety Tips

Drunk Driving Causes 27 Deaths Each Day in the US

Prepare for Compliance – OSHA Silica Regulations Explained

Who is At Fault for a Car Accident in Bad Weather?

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