WINTER 2002
page 3 of 4

San Diego Law Firm Newsletter - Perspective
Natural gas safety
Natural gas utilities protect consumers by posting “No Excavation” signs near pipelines and inspecting gas leaks quickly. Gas products manufacturers equip furnaces, hot water heaters, and other appliances with automatic shutoff valves to prevent problems, too.
Homeowners can take many steps to use natural gas safely. They can have their utility supplier or heating/plumbing firm periodically inspect and adjust gas appliance controls, venting, and safety shut-offs. Services can also test for carbon monoxide presence.
Gas consumers can install carbon monoxide detectors in bedrooms, store flammable materials away from gas appliances, keep gas service emergency telephone numbers at hand, and train their families in effective fire safety and escape practices.
Finally, homeowners can also address gas appliance comfort and safety issues by inspecting and changing furnace air filters to keep circulated air cleaner and setting hot water temperatures at moderate levels to avoid scalds.

When Utilities Err
When a homeowner reported the odor of gas, utility workers discovered a leak in a service line across the street from his residence but did not check his home. Several weeks later, the homeowner lit a cigarette lighter outdoors, causing an explosion and flash fire, which resulted in his death several days later. The gas utility settled a wrongful death lawsuit brought by survivors when their lawyer demonstrated that the utility had failed to detect a natural gas leak and replace a service line to the man’s home, even though there had been hundreds of line failures due to corrosion over the previous 25 years.



Second Medical Opinion Second medical opinions
No one should ever feel uncomfortable or awkward about obtaining a second opinion for diagnosis or treatment of a medical problem. As consumers, we usually comparison shop for the best deal on a home appliance or for an office photocopier, so becoming involved in obtaining the highest-quality medical health care should go without saying.
Patients should always understand their medical situ-ations. Some studies show that many suggested surgeries may be unnecessary. Insurance carriers encourage patients to obtain second opinions in many situations. Physicians often welcome second opinions on their assessments from medical colleagues.
To obtain a second medical opinion on a diagnosis, treatment, prescription, biopsy, x-ray, medical test, diagnostic assessment, or other medical counsel, start with a personal physician. But patients can also seek potential referrals from other doctors, medical societies, relatives, friends, and neighbors. No matter what the approach, feeling comfortable and confident about resolving health issues is the key.

Failure to diagnose
A patient became unable to walk, following several years of varying treatments for her serious hip and back pain. Her doctor’s practice settled out of court when her lawyer demonstrated that the disability resulted from her primary care physician failing to diagnose a spinal cord tumor in a timely manner.

Who's Tougher?
Who’s tougher?
Juries or judges?
Anyone listening to the media or water-cooler gossip might think that American juries are out of control, awarding multimillion-dollar settlements quickly and frequently.
Not so, say the Bureau of Justice Statistics and National Center for State Courts, which looked at more than 10,000 state court injury trials in the 75 largest American counties.
It is judges-not juries-who award larger sums. And as for multimillion-dollar awards, juries can be called closed-fisted compared with judges. Very few verdicts are large.
  • A trial by jury resulted in punitive damages only 2.5 percent of the time, while a trial before a judge saw punitive damages 7.9 percent of the time— triple the rate.
  • The median award from a judge— $75,000—was higher than the median award from a jury—$27,000. Again, that’s nearly three times higher for the judge.
  • Most punitive awards were for less than $40,000.
Theodore Eisenberg, a Cornell Law School professor who analyzed the Justice Department study, called the results staggering, noting that the “stereotype is that juries are pushovers for plaintiffs...the perceptions are just the opposite of what we are seeing.”
The survey concluded that despite the occasional “big money” awards that make headlines, punitive awards are relatively rare and serve an important purpose—to punish businesses that do not look out for the best interests of their employees and customers.
 

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