On Retainer: Your In-House Counsel

On Retainer: Your In-House Counsel

Spring: Be Safe Or Be Sorry

Kari Jones-Dulin

by Kari Jones Dulin

The sun is shining, the birds are chirping, and except for the occasional “bomb cyclone,” it is finally springtime. Springtime means outdoors to us Coloradans … skiing being the exception to that rule of course. We hop on those bicycles, we tie on those jogging shoes and we welcome the sun on our face and the wind in our hair. But before you plug in those headphones and tune-out for your exercise therapy, a few reminders as you embrace spring.

Living in Denver is to live in a never-ending heart health ad. A bicyclist or a jogger at every corner and in between every corner, a steady stream of Denverites walking their dogs. As motorists in this community, we know, or should know, to share the road with those on bicycle or foot. Though there is nothing healthier than heading out to exercise this spring, the reality is that the danger is real.

Foster Graham Milstein & Calisher, LLP represents injured cyclists and pedestrians, the number of which has increased at an alarming rate each year. The injuries that we see with these clients are catastrophic. The simple truth is that a cyclist or a pedestrian is no match for a car. According to the National Highway Traffic Safety Administration, in 2017 there were 5,977 pedestrians and 783 bicyclists killed in crashes with motor vehicles in the United States. No doubt pedestrians and cyclists are vulnerable on the road and the danger is increasing. For example, U.S. traffic fatalities in 2003, pedestrians and bicyclists represented 12.6 percent of total traffic fatalities, but in 2017 they accounted for 18.2 percent of fatalities. Head injuries account for 75% of all deaths and permanent disabilities in bike crashes. Before you say to yourself, “Wait, this is Colorado. The roads are filled with fit, like-minded, protein bar eating Subaru drivers … with their rescue dogs riding shotgun. Colorado drivers are harmless.” Not true. In 2018, Colorado had the second highest rate of fatal road rage crashes nationwide.

The good news? You can be safe and well … stay alive. Hands down, the safest choice when you are the bicyclist or the pedestrian, is to protect yourself. When you got your driver’s license in Colorado you entered into a contract, with the state of Colorado, to follow the rules of the road. Remember the Colorado Driver’s Manual? Much like motorists, bicyclists and pedestrians must follow the rules of the road. Yep, Colorado has a manual for that, too. Check out Colorado’s Bicycling Manual put out by the Colorado Department of Transportation.

A few tips:

Distraction is not just a problem for motorists. Electronic devices for bicyclists and pedestrians mean eyes (and ears) are off the road. Never assume a driver sees you. In fact, the safest choice is to assume they do not. According to the Center for Disease Control, every day nine people are killed and more than 1,000 people are injured in crashes from distracted driving in the U.S.

You are not above the law. Bicyclists and pedestrians must obey traffic signs and signals. Stop at stop signs. Follow the “WALK” and “BIKE” signals, look at the lights — obey. It is simple because the statistics confirm that we get busy and we are not safe.

Stay in your lane. Pedestrians should use a sidewalk or path when available and if one is not available, use the shoulder, facing traffic. Use crosswalks when crossing the street; if a crosswalk is unavailable, find the most well-lit spot on the road to cross and wait long enough for a gap in traffic to make it safely across the street. Cyclists, look for the bike signs, stay in your bike lanes and bike boxes. The majority of pedestrian fatalities (73 percent) and bicyclist fatalities (58 percent) occur at non-intersections. Lastly, though pedestrians have the ultimate yield status, i.e., all on the road must yield to a pedestrian, why take the risk? The safest choice my fellow pedestrians and cyclists, is to never assume. Never assume you have the right-of-way and certainly never assume others are following the law.

These safety tips are just tidbits. Most of them are straight up common sense. For the full education, take the time and read the full rules of the road for pedestrians and cyclists from the Colorado Bicycling Manual. If life and limb is not reason enough to pick up the manual, then consider it from a financial perspective.

If you are injured as a cyclist or a pedestrian, you may be able to recover for your injuries, damages and losses. If you are injured by someone driving a car, you may be able to make a claim against the insurance carrier for the vehicle that hit you, as well as any uninsured or underinsured motorist coverage you may have with your own automobile insurance (remember to maximize those insurance policies for the most coverage available. This protects you if you hit someone or are a victim). If you are injured as a pedestrian or cyclist by another cyclist, you may be able to recover from the at-fault cyclist’s homeowner or rental policy. When it comes time to attempt to recover in your claim with any insurer, whether or not you followed the rules of the road as a pedestrian or a cyclist may reduce the amount of your recovery or even completely prohibit your ability to recover. You may not realize you are not following the law as a pedestrian or cyclist so take a quick moment to learn the rules of the road.

As a final note, you probably know many drivers don’t drive with auto insurance, or their policies are minimal. Protect yourself, check your automobile and homeowner/rental insurance policies, talk to your agent, and ensure you have adequate insurance coverage, especially uninsured/ underinsured motorist coverage.

Now, quit being lazy, get out there on your bicycle, put on those jogging shoes and hit the pavement. It is simple, be smart and be safe. #stayingalive.

Kari Jones Dulin is a partner at Foster Graham Milstein & Calisher, LLP. Ms. Jones Dulin’s practice is exclusively devoted to plaintiff personal injury work. Whether a client was injured in car crash, injured by a dangerous product, injured from a dangerous condition on someone’s property or from medical negligence, Ms. Jones Dulin represents those who have been injured because someone broke the law.”

Kari Jones Dulin

4 Ways Women Can Improve Health During Women’s Health Month

4 Ways Women Can Improve Health During Women’s Health Month

by Cate Plekon

May is Women’s Health Month and it’s the perfect time for women to explore new, powerful ways to live healthy and feel their best. Here are four ways to celebrate this month and integrate a well-rounded approach to your health and wellness routine.

Start getting regular check-ups. Whether you’re new to exercise, making a comeback after a hiatus, or you’re a seasoned expert, it is important to check in with your doctor to discuss your physical activity. At the age of 34, I only recently discovered that women should be getting annual physicals just like men! This means paying a visit to your internal medicine practitioner, not just your OB/GYN. Take this opportunity to discuss your diet and current fitness routine. Ask for advice on where you should ease up or what more you might incorporate.

Try something new. People often get into a rut with their exercise routines, which can cause fitness goals to stall. To prevent this, it’s a good idea to mix things up. Perhaps you can run a marathon, but you’ve never tried a stretching class to increase flexibility and help muscles recover. Maybe cardio isn’t your favorite, but you do like to dance. In this case, try dance workouts such as Zumba and Nia. Adding something new can reenergize your workouts, and it can prevent overuse injuries, break through weight-loss plateaus and build new muscles.

Lift weights — properly. Because of increased risk of osteoporosis, women specifically are advised to incorporate weight lifting into their exercise routines. This disease involves a loss of bone density, and it affects approximately half of women over the age of 50. Osteopenia is the midway point between having healthy bones and having osteoporosis, and it can actually be reversed through proper nutrition and regular weight lifting.

A personal trainer is a qualified expert who can guide you through a new or existing weight lifting program and help you get the most from your strength training. What makes a personal trainer better than a video or fitness app is that the trainer can see you. This means they can keep a close eye on your technique and alignment to maximize your moves and help prevent injury.

Remember nutrition and mental health. Finally, it’s easy to think health and wellness is based solely on being active. But there are other components to consider as well, and that includes what we eat and how we feel.

For example, at a recent doctor’s appointment, I was advised to start incorporating more fats and protein into my morning meals. I often reach for fruit or cereal to get me going in the morning, but I’m learning that’s just not enough to carry me through my workouts. Because of my busy lifestyle, I can’t afford the time to make (and clean up) a whole meal with eggs and bacon. One quick conversation with a nutritionist later, and I’m now equipped with several easy, high-protein make-in-advance breakfast recipes.

We need to also recognize that total wellness includes our mental well-being. Physical exercise, along with meditation and prayer, can improve mental health. Sometimes, however, more specialized methods might be necessary. Take an honest look at how you’re thinking and feeling and take steps to clear and recharge your spirit and mind.

Cate is the fitness coordinator at the Littleton Family YMCA. She has worked for the Y for more than 10 years and in various capacities, including group fitness and personal training. She joined the Denver YMCA in 2017 after moving to the area from Memphis, TN.

‘In a Democracy People Get The Leaders They Deserve.’ — Joseph de Maistre

‘In a Democracy People Get The Leaders They Deserve.’ — Joseph de Maistre

On Election Day May 7 we will all learn who the leaders are in the City and County of Denver that we “deserve” particularly as pertains to the next mayor. There are no excuses for us this election cycle. Four years ago, Mayor Michael Hancock ran unopposed so we can hardly blame ourselves for re-electing him to a second term.

Michael Hancock

Eight years ago, our excuse was, sure, he was inexperienced, badly lacking in basic knowledge of important civic issues, but he was an engaging African American councilman with an incredible feel good saga of arising from poverty to prominence. Back then we just didn’t want to look behind the curtain and see developer Pat Hamill and the executive crony capitalists of the hilariously named “Colorado Concern” to see who would really be running the city, with Hancock the mayor in name only.

We now know with absolute certainty that his Honor is a moral and intellectual pigmy. If his rude, foul mouthed son is any example, he is an equally disgraceful father as he is husband.  Hancock spends his time going to ribbon-cuttings in between workout sessions and chasing and harassing women here in Denver, and out of town in Atlanta and Washington, D.C. We discovered shortly after his first election that he is a john that cavorts with prostitutes and is shameless in endlessly lying to try to cover it up. We learned last year from a policewoman that he harasses women who work for him and uses taxpayer money to gain their silence.

What Hancock has done to the city in eight short years is in its own way truly amazing. He has destroyed parks and open space throughout the city at the whim of high-density developers. Homeless street people control portions of the 16th Street Mall where the smell of urine and feces permeates the air for outdoor diners. Beautiful boulevards like Speer Boulevard have become concrete canyons with buildings pushed right up to the street. The Cherry Creek Bike Path has become, in part, a heroin needle drop-off point. He championed, along with Councilman Albus “The Buddha” Brooks, to make Denver the heroin capital of the West with so-called “Safe Injection Sites” only to be shot down at the state capitol thanks to a state-wide revolt.

A City Hall awash in tax funds has done nothing for the neighborhoods he and his compliant City Council and Planning Commission are destroying. Not providing adequate parking in new developments has not stopped people from using cars but rather made streets clogged and virtual parking lots at certain times of the day.

Lisa Calderon

The one positive aspect to the homeowners of Denver has been the ever-increasing value of homes and condominiums in the city. But that party appears to be over with price of homes decreasing the last few months as the quagmire that Denver has become is ever more evident to potential home buyers.

There are three great candidates for the office — urban planner Jamie Giellis, former state legislator and lawyer Penfield Tate III and Colorado Latino Forum Lisa Calderón. Each was featured at length last month on Page 3. So why in the world would anyone vote for Mayor Hancock this time? The city’s only daily paper, the sad and ever shrinking Denver Post gave a it a try in its endorsement of Mayor Hancock for a third and final term. It is broadly known that that The Denver Post, (which is no longer located in Denver but housed in its production plant in Adams County) is financially dependent on the City and County of Denver which is bailing it out of its white elephant office building across from City Hall and the State Capitol.

Jamie Giellis

In its endorsement, The Denver Post could not name a single accomplishment of Hancock in his eight years in office. Instead the paper proffered that we all should look forward to future projects such as the revitalization of the National Western Stock Show Complex (which Hancock originally tried to pawn off on Aurora) upgrades for the 16th Street Mall which Hancock has effectively destroyed and bond money for roads and bike lanes etc. How pathetic. The Post notes the many personal failings of Hancock but states “accusations that he is in the back pockets of developers . . . miss the mark.” Yeah, right.

In a bizarre, concluding paragraph, the paper declares that we must re-elect Hancock because “he is the only candidate ready to meet the challenges if this nation faces an economic downturn.” What in the world is the editorial board of this 130-year-old paper talking about? Michael Hancock is utterly inept at everything he has ever done. He could not manage his way out of a paper bag. Maybe The Denver Post is referring to his handlers like developer Pat Hamill but the paper should at least have the guts to say so.

Penfield Tate

One could sense The Denver Post Editorial Board was ashamed of what it had composed and argued. The Comment Section in the paper on the editorial was devastating with virtually every comment mocking and laughing at the editorial. One of the less vitriolic, but apt comments, was one that stated the Editorial Board should have published the editorial on April Fool’s Day rather than April 12.

On the evening of May 7, we will learn whether we will have assured a third term for Michael Hancock or we will have a runoff between Hancock and one of the challengers. If it is a Hancock third term, we can look in the mirror and realize that Denver’s greatest enemy is ourselves. If it is a runoff, we can all gear up for a battle royale to try to save the city, we love.

  • Editorial Board
Spring Has Sprung In Color

Spring Has Sprung In Color

A new month is with us; the month of flowers, the fifth month of the year and the month of big, important celebrations. Welcome May! All things seem possible in May. Spring has sprung and we can again enjoy running outside, the beauty of new flowers, and the passing of showers. It is said this is the month when plants really start to grow.

May was originally the third month of the year in older Roman calendars. It became the fifth month when the months of January and February were added.

Here are our sweetest, stimulating springtime choices for shopping, dining and entertainment to send you off into May’s bright, sunny days as the clouds move on:

3          As the ponies get ready to “run for the roses” on Sat., May 4, race down to the Bar Car on Colorado Blvd. for Leukemia’s Benefit Bash derby party. The start time is noon for this fun fundraiser. Information: 720-524-8099.

3          For a top flight day, wing it to Jewish National Fund’s Breakfast for Israel at Wings Over the Rockies May 9, 7-9 a.m. Information: 303-573-7095.

3          Enjoy a colorful start to spring attending Spring Blossoms Gala benefit at Infinity Park Event Center May 10, 5:30 p.m. Information: 303-867-4605.

3          Experience the Harmony of Children at Children’s Choir concert of fun songs in Gates Concert Hall May 11, 3 p.m. Information: 303-300-0470.

3          Allow springtime and banking to blossom by banking on Sunflower Bank’s service this season. It’s the largest bank headquartered in Denver with offices in Cherry Creek and downtown. Information: 303-297-0333.

3          Transition into spring-summer by enjoying late nights at the Bull & Bush. Popular brewery-eatery offers a “$10 Late Nite Menu” from 10 p.m. to midnight every day with burgers, more. Information: 303-759-0333.

3          Symphony plays film scores from Psycho, Mother Goose and Batman at Boettcher May 17-19, 7:30 p.m., Sun. 1 p.m. Information: 303-893-4100.

3          See nearly 30 paintings by Denver born artist Jordan Casteel on display at the Denver Art Museum through May 26. Information: 720-913-0130.

3          As Mother’s Day (May 12) approaches nearly 48,000 women in Denver and Colorado are living with Alzheimer’s disease. Women account for roughly two-thirds of all cases. Furthermore nearly two-thirds of all unpaid volunteer caregivers are women. As you celebrate your special mom consider a donation. Plus plan for annual two-mile walk Sept. 4 to support the Sherman St.-based Assn. Information: 303-813-1669.

The hallmark of Spring is the return of color. The skies seem bluer, the grass begins to green again, and the flowers bloom, bursting open with color and fresh life. The trees begin to bud and the birds and animals are becoming active again. The entire Cherry Creek Valley seems to be waking up from this year’s very long Winter’s nap.

James Thomson, known for his poems The Seasons, put it this way: “Among the changing months, May stands confest; The sweetest and in fairest colors dressed.”

T.S. Eliot famously wrote: “But May is here, and what better way to welcome this merry month than with music?” Johannes Brahms set many texts about May and springtime to music. Yet it is Lerner & Loew’s The Lusty Month of May from Camelot that for us lets memorable melody flow: “It’s mad, it’s gay, a libelous display.”

 — Glen Richardson

The Valley Gadfly can be reached at newspaper@glendalecherrycreek.com.

I’d Like ‘Front Range Dumbasses’ For A Thousand, Alex

I’d Like ‘Front Range Dumbasses’ For A Thousand, Alex

If Helen of Troy launched a thousand ships this sad young woman closed a thousand schools. Front Range media went on full alert, in fact some businesses closed because she was here in the Mile High City.

I’m sure by now you all recall in the week leading up to the 20th anniversary of the mass murder at Columbine High School we had a very underweight, very small 18-year-old girl who never saw snow in her life arrive at DIA. In a matter of hours, she became a combination of Rambo and Che Guevara, frightening the entire Front Range from south of Greeley to north of the Springs as the FBI claimed they were investigating her as a “credible threat” against Colorado schools.

The evidence now points to she never made a death threat on anyone, never threatened anyone. One of her friends said she was infatuated with Columbine. Note to self, the entire Front Range media including my award-winning radio show has been infatuated with Columbine. They red flagged the entire state of Colorado. There’s been a post death complex picture of this young woman. She’s been described as deeply troubled, lonely, talked about suicide, and was also described as brilliant, kind, and a very talented artist. That sounds like a lot of people I’ve worked with in radio.

Her mother told the cops she never did drugs as they filed the missing persons report after her last text when she said she was going to an art history review.

The seemingly missing pieces of this puzzle are why did the FBI get involved? Who notified whom? Did the Miami FBI call the Denver FBI? Was she on her way to DIA? This one person held all of the school systems and, in fact, the whole Front Range hostage and to a high degree of probability was dead in the snow (not nude and no tattoos of Klebold and Harris) by the time the massive manhunt was even launched.

She went up there, saw snow and killed herself near the Echo Lake Lodge near the base of Mount Evans. She purchased three one-way tickets for three different days, which is dumb but not against the law. The gun dealer who sold her a shotgun did not break any laws. So, you tell me, why was she such a “credible threat?”

But the real critique comes in the aftermath with the opinion makers, the Governor, and other dumbasses who seem to be running the State of Colorado.

How about armed guards at schools? While I was researching this thesis, I found numbers of papers and reports done by the politically correct who say guns on the teacher’s hips will frighten the children and they won’t be able to study. Having been in Israel that must be news to all the kids there who go on to earn great degrees. It would make infinite sense but as you now know the PC left of center advocates say a gun can never be a good thing. And hence, as Patsy Ramsey noted, a gun can’t be an answer except when it’s World War II when a good guy with a gun comes up against a bad guy with a gun.

So, when little Muffy and Buffy don’t have armed guards to stop armed intruders they will hide in the closet and the lunchroom and you know how fast police will respond.

Schools should have armed guards to stop armed violence.

Is it missing on the Front Range media and Democrat Party that you cannot find one mass shooting at a police station, National Guard armory or a sporting goods store that sells guns? Conspicuous by its absence because good guys stop bad guys. It’s a simple reason we should embrace armed guards in schools. I love it when the Democrats say guns in school produce a police state and America will become an armed camp.

Really? Don’t forget we have armed guards at Broncos games, Denver City cops working off duty to protect the south stands from the Oakland Raiders.

But don’t expect to see anyone talk about this.

She was more than just a threat; she became an excuse and in the brilliance of my grandson who, when his mother told him school was closed that day, looked out the window and asked, “where’s the snow?” Someday maybe he’ll write this column.

God bless America.    

  • Peter Boyles