Houston Personal Injury Blog

The entire world is still watching the unprecedented oil spill in the Gulf of Mexico.  The damage caused by the Deepwater Horizon disaster is still mounting.  Most of the blame for the disaster in the gulf is being placed on British Petroleum (BP).  Meanwhile, in Texas City, BP's refinery released hundreds of thousands of pounds of toxic chemicals, including the carcinogen Benzene.  Rather than shutting down the refinery to make repairs, BP tried to divert the gases to have them burned off.  This decision allowed at least 538,000 pounds of toxic chemicals to pour from the Texas City factory in April, May and June of this year.

 

BP did not bother to warn the contractors working at the plant or the neighbors in the community until two weeks after the release ended.  This has infuriated the residents of Texas City and has prompted a $10 billion class-action lawsuit against BP, as well as a suit by the Texas Attorney General seeking fines for the oil monster.  What is most disturbing is that BP intentionally withheld the information from the contractors and the Texas City community.  To nobody's surprise, BP does not believe that it did anything wrong.

 

According to the Attorney General's office, "The state's investigation shows that BP's failure to properly maintain its equipment caused the malfunction and could have been prevented."  Violations are nothing new at BP's Texas City plant, federal and state officials say.  Indeed, we all remember the 2005 Texas City explosion that killed 15 people and injured more than 170.  BP was fined $87 million by the federal Occupational Safety and Health Administration (OSHA) for safety lapses that led to that 2005 explosion. 

 

Sadly, it does not appear to matter how many fines are levied, how many people are injured, or how many people die - BP just doesn't get it, or BP just doesn't care.  In the end, the only way to make BP shape up is to hit BP where it hurts and in the only place that matters to BP, its bank account.  This is where the right to a trial by a jury comes in.  In the end, we the citizens have to hold BP responsible and accountable for its actions; otherwise, this trend will simply continue.

The Texas Supreme Court recently extended the immunity of public officials to a doctor in his residency at a private medical school.  The case was Klein, et al. v. Hernandez, ___ S.W.3d ___ (Tex. 2010)(5/7/10).

In that case, a mother sued Baylor College of Medicine and a doctor in its residency program "alleging malpractice during the delivery of her daughter at Ben Taub General Hospital."  Both defendants filed motions to dismiss the case.  The mother responded, and then dismissed the suit against Baylor.  The trial court denied both motions as to both defendants, and both appealed to the court of appeals, which ruled that it did not have jurisdiction to consider an "interlocutory" (i.e., pretrial) appeal.  The Supreme Court held that it had jurisdiction to review the court of appeals' rulings, upheld the ruling (but not the reasoning) of the court of appeals as to Baylor, and overruled its ruling with regard to the resident.

"By statute, a state employee may appeal an interlocutory order denying a motion for summary judgment based on an assertion of immunity. . . . We conclude . . . that by statute a resident physician at a private medical school is to be treated like a state employee for purposes of section 5l.014(5) when the underlying litigation arises from a residency program coordinated through a supported medical school at a public hospital."

Baylor is a private school, but the Court found that it is a "supported medical school," receives public funding, and provides doctors to public hospitals, such as Ben Taub.

A "supported medical school is not liable [for its negligence], except (1) to the extent of liability of state government for the acts and omissions of a governmental unit of state government under the Tort Claims Act, and (2) up to the maximum amount of liability of state government under Section 101.023(a) of the Act. . . . Thus, a supported medical school does not need to be a governmental unit . . . to be entitled to immunity."  The "Legislature intended through Chapter 312 to treat Baylor like other governmental entities providing services at public hospitals. . . ."  So, "Klein was entitled to bring this interlocutory appeal like any other state employee. . . ."

 

The University of Texas Dean of Students Office is now investigating two separate incidents of alcohol poisoning involving students.
At 3 a.m. Wednesday, just hours before the first day of classes were to begin at the University of Texas, a student living at the Hardin House, a private dormitory for women in West Campus, called campus police after discovering her roommate unconscious and foaming at the mouth in the shower. The young woman, who had been part of a pledging event for a sorority, was treated for alcohol poisoning.
Then, at 3:43 a.m., another student alerted campus police after finding her roommate passed out in the bathroom of their Almetris Duren Hall dormitory room on the UT campus. The second young woman had also been involved in pledging a sorority when she was treated for alcohol poisoning. 

Several years ago our firm represented  the Phoummarath family following the tragic death of their son in an alcohol related hazing incident. 

Officials from the Texas Department of Insurance have announced that the Department is about to change its longtime policy of allowing uncontested insurance rate increases of up to 50 percent without interference.

State regulators will require insurance companies to justify "unreasonable" premium rate increases under the new federal health care overhaul, the Austin American-Statesman reported. According to an article in the Statesman, state officials say they have always had that authority but have used it sparingly.

Under the new federal law, insurance companies will be required to justify to federal and state regulators "unreasonable" rate increases before imposing them. Companies also will have to post that information on their websites.  The federal government has yet to define what it regards as "unreasonable."

Insurance companies have argued that rising health care costs have forced their rates to increase.

For 25 years, The Mexican-American Bar Association of Texas (MABATx) has had the mission to provide a forum and a means for lawyers to promote the social, economic, and educational advancement of the people of Texas. In addition, MABATx has strived to serve the Mexican-American populous and all Hispanics, by providing services, assistance, and advice on matters of legal concern to the community; all the while encouraging respect, fairness, justice and equality.

The Mexican-American Bar Association of Texas Foundation was established in 2006 by Benny Agosto, Jr., partner of Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston, Texas.  Mr. Agosto, a former President of the Mexican-American Bar Association of Texas, seized the opportunity to establish a foundation to benefit Hispanic law students by awarding scholarships to the Houston-based law schools.  From the beginning, MABATx Foundation has hosted an Annual Luncheon as its principal fundraising effort for the year.  Thus far, the MABATx Foundation has raised over $100,000.00 to benefit law students and further the organization's purpose.  The Luncheon is an event that is a great experience for all.

The Annual Luncheon honors those individuals in the community that best exemplify the MABATx Foundation's goals of promoting justice, fairness and equality within the Hispanic community and beyond.  Past award winners include: Justice Eva Guzman, Honorable Jennifer Elrod, City Attorney Arturo Michel, Sherriff Adrian Garcia, Constable Jack Abercia, Constable Victor Trevino, Mike Barajas, Bill Balleza, Hilton Koch, Chief Eddie Corral, and Houston Astros great Jose Cruz--just to name a few.  We appreciate the dedication to the community of all of our award winners and look forward to recognizing more individuals in the future.

In addition to the Annual Luncheon, for the past two years, the MABATx Foundation has played an integral role in the MABATx Law Student & Leadership Conference.  The Conference is an opportunity for law students from all over the great State of Texas to learn practical application as well as legal theory from talented legal minds.  Additionally, it is an opportunity for attorneys to offer advice and support to law students, while reminiscing about their law school days.  Guest speakers include nationally recognized and accomplished attorneys, as well as, District, Appellate, and Supreme Court Justices of the State of Texas.  The MABATx Foundation awards scholarships to law students that are in attendance.  The Conference is a great opportunity for law students to get a taste of the real world while still in the beginning stages of their legal careers.  Additionally, it is a great opportunity for participating attorneys to receive CLE credit.

For more information on the Mexican-American Bar Association of Texas Foundation, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, by letter 800 Commerce Street, Houston, Texas 77002, by phone (713) 505-0100, or by email bagosto@abrahamwatkins.com The Mexican-American Bar Association of Texas Foundation is always interested in new perspectives and ideas.

 

In 2009, at least 480 Texas workers lost their lives while working their jobs.  This statistic is part of a disturbing trend, and represents a nearly 4% increase in on-the-job deaths from 2008 in Texas. The United States Bureau of Labor Statistics found an opposite trend nationwide.  Using the preliminary data, it appears that work related deaths dropped 17% across the country.
 
Statistics can sometimes be a deceiving tool.  For example, there was a nationwide increase in unemployment and 2009, and this could explain the significant decrease in on-the-job deaths throughout the nation.  But in Texas, we have seen an increase in the number of calls to our law firm concerning on-the-job injuries and deaths.  There is likely a correlation between the shrinking economy and corporation's continued commitment to safety.  It is time for companies throughout this state and the nation to rededicate their resources and personnel to making our jobsites safer, and decrease the number of injuries and deaths immediately.
 
So while Texas may be leading the country in job increases, we are also unfortunately leading the country in work related deaths.  Let's stop this trend in its tracks.

The Texas Supreme Court recently ruled that, when a school district and a teacher agree to Travis County as the venue where their dispute should be decided, the Commissioner of Education cannot block that choice. 

In the case of Presidio Independent School District v. Robert Scott, as Commissioner of Education, ___ S.W.3d ___ (Tex. 2010)(4/23/10), a teacher was fired after a hearing examiner concluded he violated school district's policy on corporal punishment.  The teacher filed a petition for review with the Commissioner of Education, who ultimately determined the teacher should be reinstated.  The district appealed by filing suit in Travis County district court, a venue permissible when "all parties" consent, as the teacher did here.  The Commissioner appealed, claiming his consent was necessary, too.  The Supreme Court disagreed, holding that the statute does not include the Commissioner as a "party" whose consent is required for venue in Travis County.

"After the Commissioner adjudicates the dispute between a teacher and a school district, § 21.307(a) [of the Texas Education Code] allows '[e]ither party' to appeal the Commissioner's decision in one of two possible venues:  (1) a district court in the school district's county; or (2) 'if agreed by all parties, a district court in Travis County.'"

"If a school district seeks to terminate a teacher, the teacher may request a hearing before a certified hearing examiner who develops the record, conducts a bench trial, and ultimately makes a written recommendation that includes proposed findings of fact, conclusions of law, and if the examiner so chooses, a proposal for granting relief. Next, the school district's board of trustees or board subcommittee considers the recommendation and may adopt, reject, or change the hearing examiner's conclusions of law or proposal for granting relief."  If dissatisfied, the "teacher may appeal to the Commissioner. . . ."  Normally, the Commissioner shall determine the "'appeal solely on the basis of the local record.'"  After he decides, "either party" may then appeal.

Toy maker Fischer-Price announced a recall of nearly 100,000 Little People Play-n-Go Campsites due to potential choking hazards. According to the U.S. Consumer Product Safety Commission, one of the characters that comes with the toy set can break at the waist, exposing "small parts that could pose a choking hazard to children." The company has received reports of the figurine breaking, but no injuries have yet been reported.