Wendy's Needs to Jump

Writing occurs when it's ready. I went rather spontaneously to Zion National Park in Southern Utah last weekend to get away from the mundane. Zion Park is magical as is the small town at its entrance, Springdale. With a bit of hiking and effort you find yourself in the middle of beautiful nowhere. Sure, you will pass the varied Europeans along the way (first French, then German, then English) but eventually you will find yourself with just the elements, wind, water and earth. Standing within the great expanse and vista you find inner peace, balance and perspective. Every step takes you closer to the openness you are searching for. People, places, senses, become more acute and take on a more magical meaning.

Fast forward two days to May 6, 2008. We sued Wendys--again--in Federal Court in Salt Lake City. We have in good faith attempted the last several months to resolve two tragic cases of E.coli poisoning without litigation. We've been to mediation twice with no resolution on these two cases.

As you might recall, from my earlier blog and outside news reports, in the summer of 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. The case for all purposes is a slam dunk. So why would Wendys choose to drag this out you may ask? They have the money to settle. They have individuals within it's organization that mean well. They have insurance. They have suppliers who have insurance. So why so long? In the long run, whether everyone involved pays x or x plus three won't amount to anything as far as they are concerned. They can sell more, make more, choose more, have more, create more, more, more, more, more. It's an institution with deep roots that spread. Unfortunately, institutions don't make decisions, people do. One person. Once that person makes up his mind, it will be over. Literally. Maybe not immediately, but it will be the domino that starts the process. Here's the formula, it's rather simple: Have the thought, say it, take the action and don't look back. Jump into the flow of the river that is carving a beautiful landscape. It's easier, smoother and you might just enjoy the ride of what you are creating. Our clients would appreciate it as well.

What We Hear

"The litigious spirit is more often found with ignorance than with knowledge of law." -Cicero

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser--in fees, expenses and waste of time." - Abraham Lincoln

"The entire legal profession--lawyers, judges, law professors--has become so mesmerized with the stimulation of the courtroom that we tend to forget that we ought to be healers of conflicts. For many claims, trials by adversarial contests must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, and too inefficient for a truly civilized people." -Chief Justice Warren E. Burger

Don't get me wrong, litigation does have its place and time. Mediation is not always preferable to litigation. Litigation is a good place for those who won't listen and need to be held accountable. Further, through our adversarial system there is some degree of predictability through stare decisis or precedent which establishes some fariness. It also tends to level the playing field where a party may be unreasonable. This is why we have the black robes. My point is this: Litiagtion should be a last resort. Learn to listen.