Not always equitable

I'll admit it - I like my career.  I like being a lawyer [insert bad joke here].  For the most part, the law is about being equitable and fair.  Even when I was doing personal injury defense, the goal wasn't to keep some poor worker from getting money; it was making sure that everything was fair.  That said, if your accident was your fault, then you shouldn't get anything.  (oh, another little secret, I kinda miss going out on the ships and meeting the various crewmembers.  Apparently, there typically aren't any real estate emergencies like that.) 

Anyway, most times, the goal of the law is to put things right or the way that they should have been (i.e., I tear down your house, I should have to rebuild your house and put you up in a hotel while it is being built).  But, this just topic just hit me the wrong way --- employer-employee liability.  When should an employer be held liable for the intentional acts of his employees?  On this topic, the law does not seem consistent or always fair.  Here are a few examples:

A.    I get into an accident with a bus driver who is on duty and driving the bus.  While exchanging information, he hits me.  Is the bus company liable? 

B.    Door man at the new hip club tells two men that they aren't allowed in yet.  During the discussion, the doorman hits one of the men.  Is the club liable?

C.   Employee of XY Enterprises meets to sell me stock in the company.  I agree to purchase.  Employee says that we need to complete the transaction at a later date because he doesn't have the right stock certificates.  When we meet, he sells me stock in XY Inc. (his own side company that is worthless).  Is XY Enterprises liable? 

D.  Employee sues company for intentional infliction of emotional distress based on conduct of supervisor?  Is the employer liable for the supervisor's conduct? 

Let me know what you think.  These are all real cases.  I'll post what the courts have decided in the next day or so...

Update

Just a few thoughts -

1) Lesson of the week (well maybe decade) - discretion.  In an effort to maintain my lesson, I won't discuss.

2) Austin Marathon - 4:15:00 - a HUGE PR for me.  And, seriously, who runs a marathon and hits their goal time exactly...

3) Work is good - LOVE the new job.

4) To become a faster runner, you must run with the fast peeps.  I've been doing this on Saturdays with the Knuckleheads... will have to post splits at some point (whenever I really do update the blog).

5) Its time to go to sleep.  Hopefully I can get my lazy @ss out of bed and on the trainer in the morning.

6) Margaritas make a trainer ride go by faster.  If all rides were like tonight, I'll start doing tequila shots before races (and yes, dead serious).

Resolutions

I'm a little late on this one; however, this year officially begins in February for me. Considering that I'm starting a new job on Monday (the 1st), its only appropriate that I start all other resolutions at the same time, right??

I have a feeling that this year is going to be good and filled with exciting changes. A new job, bigger goals, hopefully additions to the family, an addition to the house (fingers crossed - if you know a good contractor, please send him/her my way), and more... So, here's my list of what I want to accomplish/change this year:

Athletic Goals

• 6 hour half IM
• 22 minute 5K
• core work 2 times per week (at least)
• weights 1 time per week (for next 3 months; then increasing to 2 times/week (at least))

Professional Goals

• 2200+ hours (and really, I have through the end of January 2011 to do this)
• join an HBA committee (oh, and join HBA)
• develop a business contacts list
• attend one networking event every 8 weeks (at least)

Financial Goals

• open a money market account (or other high yield savings) - HELP here maybe!
• eliminate all credit card debt
• establish savings account for anticipated expenses (i.e., vet, car maintenance, birthdays, weddings) -- also will help to prevent credit card use

Personal Goals

• cook dinner 2 times per week (at least)
• take lunch to work 2-3 times per week
• limit eating out to 2 dinners per week (and continue to decrease)
• learn to make cashew candy (this incredibly tasty marzipan candy that we had in El Salvador)
• finish Little Mermaid and train cross stitch projects

General Goals

• become less judgmental
• see myself as others see me

The "General Goals" are the terrible ambiguous type goals that cannot be quantified or ones that you don't really know when they are achieved. I'm happy to put these goals out here and use the blog as a public checklist. With regard to the athletic goals, those might not happen this year. I'm going to work towards them; however, other things may take a priority.

10 Things

I was tagged a few days ago and am finally getting this up (or any posting for that matter).

In no particular order, 10 things that make me happy:

1. James (aka The Hubby or My Number 1 Fan)

I just love him - enough said. We are both incredibly lucky to have each other and it amazes me how happy he makes me.

2. Family

My mom and granny are fabulous. I am also fortunate to have fabulous in-laws. How else does an only child suddenly have 4 sisters and a brother? Its pretty nifty. And, I can't forget darling Elaine (who will be one next week). On the occassions when she is happy to be with me, she is the cutest thing ever (and even when she's not happy, she's pretty darn cute). Plus, she's a reminder of what James and I hope to have in the near future.

3. My Home

I like pulling up into the driveway and seeing the new red door of "our" house. (technically, it belongs to us and Chase; however, the thought of the mortgage does not make me happy). Also, it is the place where I belong - its more than the building - its where my life is. 4. Being an Adult

Yes, its odd; however, its the realization that my life isn't what I thought it would be - its better. And, because of that, I've had experiences that I wouldn't otherwise have had - most recently, it was a trip to El Salvador.
5. My Dogs

At times, they drive me crazy but I do love them. Edie (the big brown one) is special in her own way. Molly (aka crack dog or Molly-Dog) has grown on me. I love snuggling with her in front of the fire or while in bed reading a book. In fact, she's sleeping on the bed next to me as I write this.

6. Reading

According to James, I'm more of a collector of books than a reader. I'll read them all - it just takes me a while and I won't read them in the order in which they were purchased. I've grown up around books and I like that our office is covered in them. I also like that it was James that made these awesome book shelves. (as an aside, if you don't already own power tools, it is NOT cheaper to make book shelves rather than buying them.)

7. My Friends

I am lucky to have so many good friends - people that I trust and know will be there for me. I have the friends that I have known for ages and that are like family (mainly sisters here). I also have the newer friends that I might not know as well; however, they are very good people that I hope to know better. I have undergrad friends, law school friends, high school friends (with whom I hope to reconnect), work friends, tri/running friends, and the how do I know you again friends. Regardless of the group and how well I actually know the person, I know that all of these people will be there for me. Its reassuring to know that whenever I have a problem, I know that I have a friend that will be there to listen. Or whenever there is a need to celebrate, a friend will be there.

(sorry ladies, but you know i LOVE this picture... its not that revealing.)

8. Being an Athlete

I've never wanted to define myself as a runner or triathlete; however, I am and there is no reason to deny that. I run to make myself feel better; I run because its fun. In being athletic, I've had great experiences and get to spend time with friends. Oh, and because I'm an athlete, I've been able to swim in lakes formed by volcanic craters (see number 4).

9. Coffee (and Wine and Chocolate - especially when combined with # 7 and/ or #1, good weather and a patio)

I'll admit it, I run/exercise to eat. It make me happy to share a bottle of wine/coffee/food with friends. Even better yet is sharing something that I've made. I'm not an artist; however, I feel like one whenever I can cook and bake.

10. Accomplishment

Hard work and dedication do pay off. I've always been goal-oriented. Its not the goal itself that is what matters - its accomplishing what I've set out to do.

So, now the fun part of tagging people.... I'm supposed to tag 10; however, I'm lazy... (and not really sure who to tag...)

1. Amanda

2. Shelley

3. Heather

I am an IronMan

13:56

I'm still all smiles about the race. More to come... and I will post pictures soon.

I'm Ready...

We leave today for Florida. My bag is packed; my transition bags are packed and labeled. I'm still amazed at how much stuff is necessary for this weekend. I think (hope) that I've planned for every contingency; however, I'm hoping that my planning is not necessary. The weather looks perfect for Saturday and the Gulf continues to be calm. Things will be good.

I'm thankful to have incredibly supportive friends and family. I know that I've neglected many people during the past few months and I'm sorry. I've been told that doing an IronMan is one of the most selfish things that a person can do. I now realize how true that is. Unfortunately, I think that James realized that much sooner than I did. That said, all will be over after Saturday. I just hope that me crossing the finish line makes this journey worth it for everyone. I've missed birthdays, dinners, nights with my hubby, and haven't cleaned much in ages. Instead, I've spent my mornings, nights, and weekends running/biking/swimming in circles. I've pushed my body to new limits, found new meanings of exhaustion and surprised myself at how quickly I can recover. I will stand on the beach in the best shape of my life and completely injury-free.

Saturday will be a good day. I know that I'll be in tears when I see James and hear my name being called. Just thinking about it makes my eyes water.

Oh, and yes... I am a "sponsored" athlete. Look for me wearing "official" Archer Solutions race gear...

Perspective

I'm no longer in high school and we are all near (or have passed) the age of 30 (and adulthood). It does not offend me to be "unfriended" on Facebook. In fact, I didn't even notice until it was pointed out to me. I'll admit, I had to figure out how to search to confirm that it was true. That said, I think that I'll survive and will likely prosper.

What is even more important is that once again I realized exactly how lucky I am. While at happy hour with friends and family, my darling husband stops by twice for a "drive-by kiss" as my sister-in-law termed it. While he was in the area for work and running errands, he stopped in to see me. I'm still amazed. We are out of the so-called Honeymoon period of marriage - if that ever really ends. In considering James, our life and the past few weeks, I realize how much he truly loves me and sees me for the person that I am (as opposed to the person that I want to be or think that I am).
Without fail, he has the confidence in me that I sometimes (perhaps, often) lack. Quite possibly, he knows my true limitations better than I do. He truly knows me... and still loves me. There as a time (maybe yesterday - well, more like 3 years ago) that I did not think that was possible. I've never thought that I was incapable of being loved; but, it does surprise me that I did meet my match. And, honestly, James is my match. My equal. And, in some ways, my conscience. Inexplicably, since we've been together I've lost some of my punch - or whatever it is called. I don't know if it is him or just life. I don't have that same bitchiness that I once had. I'm nicer and will put up with a bit more crap than before (oddly, I termed this bitchiness... hmm...)
Last weekend, I was sharing my fears with James. Yes, it was an end of the weekend, I don't want to return to real life and leave our mini-vacation cry-fest. I was nervous about work and also asked him, who I as fooling by signing up for an ironman. He looked at me with surprise and expressed so much confidence in my ability to finish and do well. But, he wants me to be done because there are other things that we are hoping for the in near future (or at least within 9-10 months following Floida). In my mind, I will only do one IM - mainly, to prove to myself that I can do it (and to get the tattoo) but, James already has planned for me to do another one. Specifically, in about 5 years, he plans to be standing at the finish line with our child to see me finish... This makes me smile. I truly think that he knows me and gets me... And loves me.

Ahh... I'm all smiles (and happy tears)....

And there are people who think that facebook friendship is important or relevant...