Author: PoP Sponsor (a)

By criminal defense attorney Charles E. Boyk, who is barred and practices in the state of Ohio, with Charles E. Boyk Law Offices, LLC.

Norfolk Southern’s 2018 Safety Train tour began in April and will make stops in 23 cities nationwide, the goal being hands-on education and training for first responders in these communities.

“Rail transport is responsible for moving some of the most hazardous materials produced,” said Charles E. Boyk, an Ohio Personal Injury Attorney with Charles E. Boyk Law Offices, LLC. “Providing training for first responders who may be exposed to these materials in the event of an accident will hopefully provide them with an extra layer of protection.”

Some of the recent train accidents have highlighted the dangers posed by rail transport of hazardous materials. The deadly explosion in Lac-Megantic, Quebec that wiped out much of the downtown area and killed 42 people was caused by an equipment failure. The train was loaded with crude oil, and the resulting pollution has taken years to clean up. For the first month following that accident, first responders had to work in 15-minute shifts due to the heat and pollution.

However, not all train accidents involve chemicals. Many times, these accidents involve vehicles or pedestrians being struck by trains. Typically, these are issues such as whether the rail crossing was properly marked, and whether signal equipment was operating properly. Additionally, claims can arise related to the speed of the train.

Individuals injured in train accidents may have claims for personal injury if it can be proven that the rail company was negligent. Additionally, if a person lost their life, their families or their estate may be able to file a claim for wrongful death.

However, it is important to remember that Ohio is a modified comparative negligence state. Comparative negligence allows fault for injuries to be apportioned between the properties, eliminating the “all-or-nothing” nature of contributory negligence that plaintiffs and defendants faced prior to its development.

Modified comparative negligence has a little bit of both contributory and comparative negligence in its process. Fault can be apportioned between the parties, but if a plaintiff is found to be more than 50 percent responsible for his or her injuries, they may be barred from recovering anything.

The concept of modified comparative negligence is challenging but should not scare potential plaintiffs away. “If your case has merit and you have competent legal counsel, you have a very good chance of overcoming any comparative negligence defense” by the defendant, said Boyk.

This column is written by D.C. Realtor and resident Sean Forschler.  Licensed in DC, MD & VA, he has been in the business since 2001 and currently works at RLAH Real Estate.  He may be contacted at [email protected].

So you’re thinking about spending hundreds of thousands of dollars on buying a new home.

You think, sure, I can save lots of money by doing it myself or with the help of my 3rd cousin twice removed on my mother’s side who lives in Albuquerque. Or I can go directly to the seller’s agent (listing agent).

There are a ton of websites nowadays that allow us to do things for ourselves, such as book flights and hotels, write a will, buy a car, etc. Just ask people who used to be travel agents! But now is not the time to go it alone. Before opting for the DIY route, I felt compelled to give you a (biased) list of tasks that a buyer’s agent should do for you.

Educate and help you navigate the entire process by orchestrating the various stages of the purchase; drafting and submitting your offer, arranging inspections, appraisal, walkthrough and closing.

It’s expected that you’ll have tons of questions which they will answer or point you in the right direction. They also facilitate communications between the seller’s agent, lender, title attorney, appraiser and any other professionals involved in the transaction.

Assist you in locating sources of mortgage loans. Buyer’s agents see mortgage products and rates frequently enough to compare and share which lender offers the best for your situation.

Creation of an e-mail alert system that notifies you of properties that fit your criteria before most people are aware of the property. Although you will inevitably search properties on sites like Zillow, Trulia or Realtor.com, our instant alert search is set up through BrightMLS which is the master database that supplies property listings to everyone, ensuring that you’re getting data directly from the source!

Analyzing the pros and cons of properties you select.  Are you considering buying the best and most beautiful house in the crappiest neighborhood? Like a stockbroker monitors their market values daily, agents do the same and have more data than you can imagine. (more…)

By employment law attorney Tom Spiggle, who is barred and practices in the state of Virginia, with The Spiggle Law Firm.

A law passed in the District of Columbia in 2016 that required the establishment of a paid family-leave program funded through employer taxes has seemingly lost one of its primary opponents.

D.C. Council Chairman Phil Mendelson, who is in the midst of a reelection campaign, has indicated that he will no longer pursue changes to the law which would have been more employer-friendly.

Mendelson claimed that his decision to drop his attempts at overhauling the law were related to his inability to reach a consensus on how to make the changes, but Mendelson’s challenger, Ed Lazere, claimed that it was because his approach was proving to be a losing issue, and that his delay in implementing the law while he tried to negotiate changes only hurt workers.

The law establishes a program that guarantees to private sector workers eight weeks of paid time off for new parents, six weeks of paid time off to care for an ill relative, and two weeks of paid sick time. The program would be funded by an 0.62 percent tax on employers. (more…)

By criminal defense attorney Thomas Soldan, who is barred and practices in the state of Virginia, with Price Benowitz LLP. Soldan has focused his practice on reckless driving, DUI/DWI, traffic, and personal injury litigation.

An orthopedic surgeon in Manassas, Virginia, has been found civilly liable for the death of one of his patients.

Dr. Christopher Highfill was found liable for the death of Mary Jo Curtis after had prescribed Ms. Curtis over 7,000 doses of Percocet, the common brand name for oxycontin, over a four-year period.

Dr. Highfill operated on a broken ankle that Ms. Curtis suffered and continued to write weekly prescriptions for four years even though Ms. Curtis dealt with addiction issues in the past related to alcohol.

According to testimony, Dr. Highfill did not meet with Ms. Curtis a single time during the last 14 months of her life, even though he continued to write prescriptions for the narcotic.

“Doctors see dozens of patients each day and prescribe dozens of medications a day,” said Thomas Soldan, a wrongful death attorney with the law firm of Price Benowitz. “However, this verdict shows that healthcare providers cannot avoid liability in situations where basic monitoring of prescribing practices would have avoided harmful outcomes.”

“Here, the doctor clearly abdicated his duty to his client to ‘do no harm’ when he prescribed an addictive narcotic for four years to a patient with a history of addiction.”

This type of overprescribing has become one of the common themes in the current opioid crisis. Medications such as Percocet were widely viewed as better for pain treatment, even though they carried with them an increased risk of addiction and abuse.

Doctors began prescribing them as a matter of course in dealing with patient pain and injury and sometimes adequate follow up failed to take place, leading to continued refills well after the injury occurred. (more…)

By employment law attorney Tom Spiggle, who is barred and practices in the state of Virginia, with The Spiggle Law Firm.

The competition for Amazon’s new headquarters — commonly known as HQ2 — has been fierce across the country. Of the contending cities, Washington, D.C., Northern Virginia and Montgomery County, Maryland are all near the top of the list which could be due to Amazon’s data centers located in Northern Virginia or Jeff Bezos’s home in Washington, D.C..

Unsurprisingly, the laws in the states being considered vary greatly. As the winning location is likely to see an employment boom — at least 50,000 new jobs for the headquarters alone, according to some reports — the rights of employees will become a primary focal point.

One of the clearest areas of difference will be laws related to workplace discrimination protections for LGBT (Lesbian, Gay, Bisexual, and Transgendered) employees.

Of the 20 finalist cities, 11 are in states that have no laws extending workplace discrimination protections to LGBT individuals. These individuals have little to no recourse in the event they believe they were the subject of discrimination due to sexual or gender orientation.

It is surprising that over half of the cities identified as finalists are in states that lack these protections, given Amazon’s stance on equality for the LGBT community. However, this could a case where Amazon uses its financial power to exact political change. Most of the states on the list will be clamoring for Amazon to locate there and they may decide not to let a failure to provide equal rights to its citizens be the only impediment to serious economic growth.

If Amazon selects a state without these protections, individuals seeking to relocate for employment from a state with LGBT protections should be aware of how the difference in state law may impact them personally, from employment, to marriage, to estate planning.

“Whichever city and state Amazon selects will be impacted in both expected and unexpected ways,” said Tom Spiggle, an employment law attorney with The Spiggle Law Firm. “The employees they hire need to be aware that Amazon may have workplace rules that outline certain rights and conditions, but that state law controls. Being aware of how a state’s laws can impact you and your family will be very important.”

Another point to remember is that not only will Amazon be employing more people, but so will other businesses. Amazon may respect the rights of its LGBT employees in a state without those protections but other employers may not, so individuals considering relocation for an Amazon-related job may be faced with an even more challenging environment and need to be fully apprised of their rights.

SATURDAY, APRIL 7 & SUNDAY, APRIL 8, 2018
11 a.m.-4 p.m. (BOTH DAYS)

Celebrate the arrival of spring at the National Postal Museum’s Garden Party!

The festival will occur on Saturday, April 7 and Sunday, April 8 from 11:00 a.m. to 4:00 p.m.. Activity stations spread throughout the museum are designed to encourage awareness of and appreciation for the natural beauty all around you. Special guests from Smithsonian Gardens, Smithsonian Libraries and several local garden clubs will be on hand to share their love and knowledge of the greater Washington area’s native flowers, trees and plants. Activities include but are not limited to:

Gardening Workshop

Participate in a Gardening Workshop with local experts. These aficionados will teach you about ecosystem-friendly planting by sharing information about the flora best suited for the region and which invasive species to avoid. They will also answer any questions you may have and share tips to cultivate your own green thumb!

Make a Stamp “Bouquet”

Experience the joy of stamp collecting by hand-selecting your favorites from an ample buffet of vintage postage stamps. Make a floral-themed stamp collection and take home your beautiful stamp “bouquet.”

Learn the Language of Flowers

In the Victorian era, the “Language of Flowers” was a popular way to communicate emotions. What did it mean if you received a purple violet from someone? What about a yellow carnation? Learn the particular significance of specific flowers and colors, and practice this unique tradition of expression with specially-made postcards that you can mail right from the museum! (more…)

This column is written and sponsored by D.C. real estate agent and Edgewood resident Jessica Evans. Email her questions at  [email protected].

The next stop on the home buying journey is often a home inspection. Today I’ll be going over the ins and outs of inspections, the different types, who to hire and what to expect. Not everyone has a home inspection, but for most buyers, the information gained is very helpful.

Let’s start with what a home inspection is and what it isn’t. A home inspection is a visual inspection of the structure and components of a home to identify items that are not performing correctly or are unsafe. A home inspector will recommend further evaluation by a licensed professional if they suspect an issue that requires further diagnosis.  Home inspectors also can provide valuable preventative maintenance recommendations.

A home inspection is not a 100% examination of every inch of a home, and is limited to what is visible, accessible and testable. The overall objective of a home inspection isn’t to find every possible issue, it is to provide a buyer with an understanding of the condition of the home, identify issues that need to be corrected (and potentially negotiated) so that the buyer can proceed with their purchase with a level of comfort.

There are two times in a transaction when a buyer may decide to have a home inspection, one is before an offer is submitted (aka a pre-offer inspection) or more traditionally after an offer is accepted and a contract is ratified. (more…)