August 2022

Sponsored by:

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President's Letter

Dear NRRDA Members,
It’s hard to believe that 2022 is half way behind us and the view forward is still a little hazy.  As I write this, virus variants continue to challenge us. As a risk manager, I am used to looking at historical events (loss runs, etc.) to understand how to prevent future accidents, illnesses, and injuries. When I don’t have history, my approach is to gather the smartest people I can to prepare for the unpredictable, and I think most have done the same. 

This concept is a great lead into our Lighthouse Seminar, scheduled for November 7-8 in Westlake Village, California.  We will focus on the impact of the labor challenges most of us are experiencing and how inexperienced labor in a high turnover environment impacts everything from injury rates to difficulties with witnesses and defense strategies.  The ripple effect through restaurant and retail businesses is significant and the agenda we have created with the forward-thinking lineup of speakers demonstrates our commitment in providing timely and topical educational content for our membership.  If you have not been in Southern California in November, it is spectacular and well worth the travel from wherever you might be coming from. Registration is OPEN, click here for all the details.

As we look toward 2023, our Annual Conference is on the horizon and planning is in progress.  Charleston will be an amazing venue in March with so much to offer our group, including an incredible golf outing and service project.  Rest assured, we are assembling an agenda of educational and networking that will, once again, demonstrate why NRRDA’s annual conference is the premier event of the year.  I believe that our approach of designing content based upon what “keeps risk managers up at night” is why industry members return to this conference year after year. Our members are industry leaders drive results within their organizations and are excited to share their knowledge as a speaker or during our networking time. You simply cannot fully understand the power of what NRRDA creates from a webinar or podcast; the personal interaction is essential in thought leadership exchange and business development. Click here for all the details about submitting speaker proposals. Click here to apply for an industry scholarship to help defray travel, hotel and registration costs. Click here if you want to convene your litigation panel to learn about your company's latest legal strategies.
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We have great momentum, there is so much that is still uncertain, but NRRDA has never been more relevant to all of our members and the networking is what makes us one of the strongest organizations in the country.  I encourage you to engage with us, continue to drive leaders to our organization, and forward your ideas for continuing to make us a better organization.  

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Industry Spotlight - Julie Westfall and Ashley Weiss
By Robin Romano

This is a story about serendipity and two very good friends.
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Julie Westfall and Ashley Weiss knew they were destined to be friends the moment they met during an April, 2021 Zoom interview. Ashley was being interviewed by Julie and Kurt Leisure for a Coordinator position at the Cheesecake Factory. After the formal interview was over, Julie and Ashley spent time talking and learned that they were strangely simpatico. They laughed to find out how they both like things to be color-coordinated, and Ashley shared that right before the interview, she was in Target and almost bought a packet of Sharpies with 40 colors. 

Read more here.

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Active Investigation Pending: Law Enforcement's Favorite Response to Civil Litigants
By Paul J. Spann,  Goodman McGuffey, LLP

We have all experienced the frustration of trying to recover evidence from law enforcement after it has been collected. Whether it’s video of a bar-room brawl, or footage of a would-be shoplifter slipping on his/her way out the door, once it’s in law enforcement’s hands, it’s hard to get it back. Often, business owners and shopkeepers believe they don’t need to save a separate copy because the police have one. But then, when the injured party files suit and the police department won’t return a copy, they’re the one facing potential sanctions for spoliation from the court.[1] Why does this happen so often, and what can you do to avoid this situation?
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Read more here.

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Parking Lots and Tripping Hazards
Without proper maintenance, wheel stops, manhole covers, and even asphalt pose threats to pedestrians.
By Peter Townsend, Rimkus Consulting Group

Parking lots can be dangerous places for pedestrians. Cars pulling in and out of parking spaces, two-way traffic in drive lanes and, all too often, drivers taking short-cuts through parking spaces create situations in which pedestrian attention is divided, and may be drawn away from the pavement in front of them; making trip and fall accidents all the more likely.
 
Read more here.

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The Risks of Overestimating the Sham Affidavit Doctrine
By E. Patrick Heffron and Jerome A. Flanagan, Chartwell Law

​The sham affidavit doctrine prevents a party who has been deposed from introducing an affidavit that contradicts that person's deposition testimony without explanation because a nonmoving party may not manufacture a dispute of fact merely to defeat a motion for summary judgment.

Read more here.