FAVRE RETIRED AGAIN (A GUEST BLOG BY MY DAD, DAN SMITH SR.)

January 26th, 2010

I’m not a vindictive person (yes I am, like everyone else, but nobody will admit to it), but what a fitting way for Brett Favre to leave the NFL if he should decide to really really really really really retire after the 2009-2010 season with the Vikings. I must at this point in time declare that I am a lifelong Green Bay Packer fan.  And though I would like to say that being a packer fan doesn’t influence what I am about to write, that would be like saying I’m not vindictive.

I was a teenager in Wisconsin in the 60’s, left for Florida in the early 70’s, and waited for the Tampa Bay Bucs to come to Florida in the 80’s so that I could watch my Packers live and on TV.  Along came Brett Favre in the 90’s.  A good old country boy similar one of my boyhood idol Bart Starr.  Then WE won the Superbowl again, but we lost the next one to the wildcard broncos even though we were a 11 point favorite.  That was the beggining of the end.

With our opening round lose to San Francisco the following year we were kicked out of the playoffs before they began for several years. We finally got back into the playoffs following the 2001 season and managed to beat those same 49ers before losing to the greatest show on turf St. Louis Rams. The following year was a total disaster in the playoffs as we lost our first ever home playoff game in franchise history to the Atlanta Falcons.  The following year was a little redemption in the first round we beat the “I want the ball, we’re going to win” Seattle Seahawks only to lose on a 4th and 26th play to the Eagles.

When we lost at home to the arch-rival Minnesota Vikings the following year I was devastated.  This was the year we drafted the guy that many predicted to be the 1st pick in the draft but he fell all the way to us at 24th, along came Aaron Rodgers. We all assumed that Brett would tutor Arron to become his seccessor.  But Brett said “It is not my job.”  After two years of mediocrity, the Pack had a regular season where all the bounces went our way and ended up 13-3.  Even in the post season we got a break because the number 1 seed Dallas Cowboys lost to the N.Y. Giants which meant we got to host the NFL Championship.

I don’t have to tell most of you how when the Giants missed the field goal at the end of regulation and we won the coin toss I thought it was destiny that Brett Favre would once again lead us to the Superbowl.  Then on second down, the “pick” happened and history was written.  For three years Favre had done nothing to squelch the rumors of his retirement, but this year was different, he actually did retire.

The packers drafted not one but two quarterbacks in the following draft and everything that happened after that is unclear to everyone including Brett and Ted.  Just more unclear to some than others.  Brett was traded to the Jets and after a great start of the season and an injured shoulder, Brett declared his love to the Jets organization and a vow that he could never ask for a release.  The Jets drafted Mark Sanchez, a quarterback, and Brett decided he could ask for his release since the Jets would have to grant it.  Of course Brett wasn’t asking for his release to sign with another team, he couldn’t do that until after training camp.  When camp broke he immediately signed with the Vikings.

Brett was able to beat the Packers twice, but still not able to keep the Pack out of the play-offs.  After the Vikings dismantled the Cowboys, they went to New Orleans.  Despite five turnovers, the vikings were driving for the winning field goal in the final minute of regulation. They probably needed five yards to make the field goal attempt for Ryan Longwell (a former Packer) more comfortable and Brett had ten yards in front of him to run, but NO he said to himself “Once a Packer always a Packer,” and to the delight of all Packer fans, threw across his body right into the hands of a New Orleans defender.  This was his last throw as a Packer because in overtime New Orleans would take the ball down and win the game with a field goal.

Thanks for the memories Brett.

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Is the intent of Florida Workers’ Compensation being followed?

February 26th, 2009

According to Section 440.015 of Florida Statutes, the intent of Florida Workers’ Compensation Law is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer. Unfortunately, most Florida injured workers find that there is nothing “quick” or “efficient” about the Florida Workers’ Compensation system. Simple requests for doctor’s appointments are denied for months without justification. Often times I will depose the adjuster and ask why something simple like an MRI is being denied because the adjuster, with a highschool education and three months of training, thought it was not necessary. Don’t become a silent victim. Hire an attorney and fight for your rights.

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WHAT IS PERSONAL INJURY?

February 26th, 2009

The term personal injury encompasses a multitude of common law torts where the injured person has a right to recover against an at fault party who causes, through their negligence an injury to another. Some examples are slip and falls, assault, battery, product claims, construction accidents, dog bites, boating accidents, defective products, such as tire defects, auto accidents, tractor trailor accidents, design defects and many others.

The essence of a personal injury claim is that someone has done something wrong and while doing so, someone was injured. Many times a personal injury claim will involve multiple theories of recovery and require the coordination between multiple insurance companies. There are several types of damages that you may claim against the person or company has caused injury.

You could have some or all of the following damages: medical expenses, lost wages, pain and suffering. If you have suffered injuries due to the negligence of another, you should call an experienced personal injury lawyer to handle your claim.

The Coye Law Firm – Auto Accidents

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The NFL and KFC

January 21st, 2009

Ever wonder why your favorite bar doesn’t advertise the “Super Bowl”? Instead they talk about the big game. You also will not see “Steelers vs. Falcons”, but you may see “Pittsburg v. Arizona.” This was not always the case. I remember growing up and seeing “Super Bowl” and “Super Game” posted everywhere. So what has changed you asked? Well, legally nothing. The NFL has owned these trademarks for years. What has changed is their willingness to enforce them. Their biggest fight being when they prohibited a casino in Vegas from showing the game on a big screen in a room that sat 7,000.

But the NFL is not the only entity being unreasonable with their name. In the 90’s Kentucky obtained a trademark on the word Kentucky. This is why the Kentucky Derby and Kentucky Fried Chicken stopped using their names. Now please tell me you did not believe the story that Kentucky Fried Chicken started using KFC because the FDA found out they had mutant chickens. While very funny, it is not true. Apparently KFC and Kentucky later reached a deal on using the name and KFC restaurants are being converted back to Kentucky Fried Chicken.

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THE ECONOMY AND WHY YOU SHOULD SPEND MORE MONEY

January 1st, 2009

Every weekend I have Sunday breakfast with my family. It was a tradition I started with my father so we would always have at least one day a week together. It has developed into a family tradition that only the brave of the brave dare miss. I am the only lawyer in the family, so this seems to be a time I get asked the “lawyer” questions. This week we talked about the effect the economy has on my practice. One of the big effects is more and more people are not paying bills, including insurance bills. As such, more people are coming in the office that were injured by someone who was uninsured.

Even before the economy was bad it is estimated that twenty percent (20%) of all drivers had no insurance at all. A large percentage of those that were insured, carry limited coverage. To protect yourself, I recommend that you obtain uninsured/underinsured motorist coverage. I recommended to my family that they get at least one million dollars in coverage. In addition, if you have multiple vehicles you should get “stacked” coverage.

I know that in times like this it is tough to spend extra money. However, it is better to spend a little money now than to lose a lot later as a result of an uninsured driver. Also, this insurance is relatively inexpensive. Call your insurance agent today for a quote.

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WELCOME TO MY BLOG

December 22nd, 2008

Welcome to Dan Smith Law.

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