Message From Our Firm — We’re Here to Help You!

We hope this newsletter finds you safe and healthy during these difficult times. We have taken many steps to ensure a safe work environment. Penney & Associates continues to be fully operational and we are always here when you need us. Although we hope you will never require our services, we will always maintain our dedication to you. We are still here for you! 

What should I do with everything going on in the country right now?

A lot of people have asked me this question as an attorney, a businessman, and an American citizen. Clearly, Covid-19 and the present unrest in the country has affected lives and businesses negatively. No matter what views you are passionate about, everyone is impacted in one way or another. Please note, this is NOT A POLITICAL PIECE, this is rather one person’s perspective in America.

Commonly, lawyers send out “Newsletters,” which only consist of legal issues. I have decided to focus this newsletter on subjects that do not pertain to Penney & Associates or the legal issues we are facing amid the Covid-19 pandemic or other activities throughout the country. 

A person I admired greatly, who has passed away, stated that he “loved everyone, but he loved some more than others.” This is something I have always tried to remind myself. In our society, I am of the opinion everyone is trying to please one another. For example, every child getting a trophy for participating in sports or certain extracurricular activities. Is this a good idea or a bad idea? It is okay to fail and learn you do not get rewarded just for participation. Those who succeed are able to get off the ground more than the next person. Success is not defined by money. Some of the most successful people I have met are not financially rich. They live a comfortable life, support their family, and have a loving (yet sometimes imperfect) relationship even though they are a victim of these present times. 

Some critics might assume this is an easy statement to make if others grew up with a disadvantage. For example, a gifted athlete may not need to work as hard as a struggling athlete. When I was in college, I felt I had work twice as hard than some of my peers just to be academically average; however, this has taught me to continue working and fighting for everything I want to accomplish. This has made me more resilient. As an attorney, I have been told the system is flawed and unfair; however, I always take the positives into consideration. Be thankful for what we have, things can improve, and we will move forward. 

Disagreements are not necessarily a bad thing because it can be constructive to everyone involved. People are passionate about their views, but agree to disagree and move forward. An individual once approached me, who was in deep despair. This person was looking for advice and ways to over come their trials, which included disagreements with friends and family. I paused and simply stated “just move forward.” That was it! This individual looked at me perplexed and was likely hoping for some profound incite. My advice was to simply move forward. 

As we push through these difficult times in our lives, including the Covid-19 pandemic, it is important to remember this time will pass. There is a light at the end of the tunnel. On a positive note, we have had more time with the people we care about while getting a break from the hustle and bustle of every day life. The traffic is lighter, the flowers are colorful, the office is quieter, and the food is tasting a little better. Be thankful for the friends and family you have whether it be one or one hundred.

— Frederick W. Penney, Managing Attorney 

A look at behind the scenes work with Kevin Elder.

On June 26, 2020 through June 28, 2020, attorney Kevin L. Elder attended an early morning expert reenactment and visibility study of a tragic bus accident that occurred just before sunrise in the high desert of Barstow in San Bernardino County on June 2, 2014. Seven passengers were severely injured while one passenger lost his life. Penney and Associates’ partners, Kevin L. Elder and Robert W. Brannen, represent seven of the eight passengers who were aboard the public transit bus. 

In an effort to determine why the bus driver was unable to avoid striking a stopped tractor trailer with cargo, Fort Irwin Police closed the road to perform the visibility study. On scene to perform the study was four experts specialized in “driver visibility”, “human factors”, “accident reconstruction” and “bus driver common carrier standard of care”. An exemplar bus was provided by the local transit authority. Additionally, the Department of the Army provided an exemplar tractor trailer with cargo. Each of the defendants’ counsel and experts were on scene to observe the study. 

The bus was driven at the same time the tragic incident occurred 6 years ago with substantially similar weather and lighting conditions on the 27th and 28th of June 2020 between the hours of 3:00a.m. and 5:30a.m. After several high definition recorded runs, everyone who was present understood the incident was avoidable by the bus driver. This study showed great success for the passengers and their loved ones. 

The Attorneys at Penney and Associates continue to aggressively prosecute cases. Our goal is to maximize the recovery for each and every client, which often requires the retention of many experts, traveling to distant locations, and waking at the very early hours of the night. 

This blog is not meant to dispense legal advice and is not a comprehensive review of the facts, the law, this topic or cases related to the topic. For a full review of our disclaimer and policies, please click here.

Fred Penney

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