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Celebrate National Young Adult Cancer Awareness Week with Me!

The week of April 5-11 has been recognized nationwide as Young Adult Cancer Awareness Week. This is important on so many levels but more importantly for myself and my family, because we recognize it every day.

I was diagnosed with leukemia at the age of 17 and given a very poor prognosis (I’m going on 31 now and “Living the Dream”.)  I have watched my mother die a slow and painful death with lung cancer, in my mid 20’s. My family has currently been hit again with my Uncle’s diagnosis of cancer. This illness has no eyes to see color, sex, or economic background. It simple invades our lives and affects each and everyone of us in some direct or indirect manner. Live the dream every day because no one is promised tomorrow, regardless of their situation.

Earth Times reported:

Nearly 70,000 young adults in their 20s and 30s are diagnosed with cancer each year and it is the leading disease killer among 20 to 39 year olds. Young adults with cancer have had less survival improvement than other age groups and strides made in cancer treatment have bypassed young adults, who also have the lowest participation rate in clinical trials of any age group.

Vital Options International has provided a plethora of resources and information through their website to better educate and bring together the cancer community. They have a wonderful collection of videos and trendier marketing materials for young adult cancer survivors.

Planet Cancer is another wonderful resource for young cancer survivors. These websites take the edge off being diagnosed or dealing with cancer.  Take it from someone that knows, truly knows.

If you want to support your local cancer groups please donate your time, money, or resources to any of the following:

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Trey Mills is a Personal Injury Lawyer: Not a Singer/Realtor/Florida Attorney- Or Is He?

  1. If you or your loved one has been injuredas a result of another person’s ignorancenegligence, or omission, please feel free to call upon this Trey Mills. That would include accidentsslip and fallsdog bitesproduct liability issues, and other personal injuries that result in losses and harms to you or your loved ones. if you need a phone number: 864-231-7171.
  2. If you want someone that sings, you need to visit this Trey Mills. He actually took the web page I would like to have but I guess in all fairness, it was his first. This Trey Mills sings and has Trey Mills myspace pagesTrey Mills Facebook pages(totally different than this Trey Mills Facebook page), and other Trey Mills singing related links.
  3. If you want a Realtor to assist you with purchasing homes in the Lake Conroe area of Texas, you need this Trey Mills. This Trey Mills has a website called http://www.justasktrey.com. That is a pretty cool marketing twist for a Trey Mills. I guess I can mark that one off. If you need a phone number: 936-788-4712.

Those are the top three Google searches when you Google “Trey Mills”. However, it is weird that I have met another Trey Mills that also graduated from Clemson and is a lawyer. Not quite the game of Six Degrees of Kevin Bacon but interesting all the same. Then again, since I am officially Floyd S. Mills III and I go by “Trey”, sign my name “Trey”, and introduce myself as “Trey”, does that make me THE TREY MILLS?

Well, I guess this should be lead article in any Google searches of “Trey Mills”…………………….. and your Google Juice is mine.

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Kay Werts of Fountain Inn: Killed in Fatal Collision

The Greenville News was reporting that a fatal accident occurred between Ms. Kay Werts of 738 S. Old Fairview Road and a teenage driver this morning on Fairview Road in Greenville County.

You never know when a freak accident can occur. Please make sure you have your loved ones, friends, and even your enemies taken care of in times of need. It starts with:

  1. Full Coverage Automobile Insurance;
  2. Personal Injury Protection (P.I.P)/ Medical Payments;
  3. Handling Your Property Damage Correctly; and
  4. Avoiding Allstate Insurance Company Because They Suck

If you or your loved one has been injured in an accident, or as a result of another person’s ignorance, negligence, or omission, please feel free to call upon me at 864-231-7171 or toll free at 1-800-483-0880.

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U.S. Supreme Court Upholds Punitive Damages Award

Many media outlets and bloggers are reporting that punitive damages awarded in the Williams vs. Philip Morris saga will remain at their 100-1 ratio of actual, or compensatory, damages.

This is great news for:

  • plaintiffs that are brave enough to take on these huge corporations;
  • wait for their day in court, sometimes years; and
  • then have vindication from a group of their peers (jury) as to what they believe the case to be worth.

I think it is important to understand that these “Big Verdicts” or “Runaway Juries” , as described by biased media outlets, come from:

  • a group of people from the community;
  • that sit and listen to both sides for however long it takes; and
  • then make their decision based upon all the information they are presented.

This case went to the highest court in the United States, three (3) times, after already having been deemed just by the Oregon State Court.  That is what big business can buy you. However, this decision helps alleviate any concerns that justice can be bought and paid for, too.

Thanks to Eric Turkewitz of New York Personal Injury Law Blog for such an in depth analysis of punitive damages and this case.

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South Carolina Slip and Fall Law: Premises Liability

Premises liability is often times referred to as “slip and fall” law. A general overview of South Carolina premises liability indicates that:

  • To establish negligence in a premises liability action, a plaintiff must prove the following three elements:(1) a duty of care owed by defendant to plaintiff; (2) defendant’s breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach of duty. See Hurst v. East Coast Hockey League, Inc., 371 S.C. 33, 37, 637 S.E.2d 560, 562 (2006). (emphasis added);
  • If you can’t demonstrate how the defendant owed a duty of care to the plaintiff then the defendant can move for what is called “summary judgment”and you will not even have your case heard by a jury but thrown out of court. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Hopson v. Clary, 321 S.C. 312, 314, 468 S.E.2d 305, 307 (Ct.App. 1996);
  • The nature and scope of duty in a premises liability action, if any, is determined based upon the status or classification of the person injured at the time of his or her injury. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Sims v. Giles, 343 S.C. 708, 715, 541 S.E.2d 857, 861 (Ct.App.2001);
  • South Carolina recognizes four general classifications of persons present on the property of another: adult trespassers, invitees, licensees, and children. Different standards of care apply depending upon the classification of the person present. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Larimore v. Carolina Power & Light, 340 S.C. 438, 444, 531 S.E.2d 535, 538 (Ct.App. 2000) (“The level of care owed is dependent upon the class of the person present.”)

Understand premises liability in South Carolina now? I didn’t think so. I haven’t even had a chance to detail out the law on each one of the above mentioned categories of persons present on the property of another: (1) invitee (2) licensee (3) adult trespasser (4) child.

I didn’t have a chance to mention “Assumption of the Risk” and “Open and Obvious” defenses the defendant’s attorneys often times raise in an effort to downplay their client’s negligence.

Remember what makes these cases harder than the most common personal injury cases:

  • No highway patrolman or police officer shows up to the scene and listens to both sides and determines that one side is more at fault than the other;
  • No person usually admits guilt;
  • There are usually no witnesses to the “slip and fall”, and
  • There is usually no camera or surveillance footage available, contrary to those black bubbles you may see or thoughts that there should be a camera available.

Do some work to assist your attorney in helping you with these cases by:

  1. taking any pictures of the area in question to better illustrate the negligent condition of the property;
  2. getting a copy of any incident report filled out by the landowner or their agents, servants, and/or employees;
  3. write down names and contact numbers for any witnesses that may have seen the slip and fall or come to your aid; and
  4. if you are aware of any negligent conditions on someone’s property notify them in writing with certified mailand share your concerns with them.
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