As the school year progresses it is important for parents and children to understand the potential dangers surrounding sports and recreational activities. Some common types of sports injuries are broken bones, muscle strains, abrasions, and head traumas or concussions. Traumatic brain injuries ("TBI") may be the most serious of these injuries because they are not as apparent. Some of the most common activities associated with TBI are football, baseball, soccer, gymnastics, and playground activities.
Last week the Texas Supreme Court heard oral arguments regarding whether or not evidence of not using a seat belt should be admissible to mitigate damages. The case before the Supreme Court of Nabors Well Services, LTD v. Asuncion Romero, Et. Al. involves a collision between a tractor-trailer rig and a Chevrolet Suburban. The petitioners would like to introduce evidence that will show that some of the respondents were not wearing a seatbelt at the time of the incident. The lower court did not allow such evidence to be introduced.
In an opinion issued today, the Texas First Court of Appeals in Houston held that the trial judge in an underinsured motorist insurance case did not abuse his discretion by declining to sever and abate the plaintiff's claims under the Texas Insurance Code for misrepresentation of policy terms. This case is a significant development in an area where such "extra-contractual" claims have routinely be held to be severable.
On Sunday, October 12, 2014, an inflatable bounce house in New Hampshire was lifted from the ground and flew some 40 feet across a farm before crashing down and injuring two toddlers who were inside. The two boys inside had climbed into the bounce house at Sullivan Farm in Nashua, NH.
Daniel, five years old, and his older brother were swinging a telescopic plastic T-ball bat inside their home when the toy came apart and a jagged piece of plastic gashed his face. Daniel required more than 300 stitches to repair the U-shaped gash between his eyebrow and down his nose.
Florida is the eighth state to find caps on non-economic damages are unconstitutional in medical malpractice cases. Alabama, Georgia, Illinois, Missouri, New Hampshire, Oregon, and Washington have all struck down medical malpractice damage caps. Texas has very strict caps on medical malpractice suits that were enacted into law as part of the Tort Reform legislation. In its ruling the Florida Supreme Court held that the cap "offends the fundamental notion of equal justice under the law."
Jose Mendez-Manzano, a 63-year-old cyclist and fresh produce vendor, was killed in a hit and run accident on Saturday. Eduardo Torres, age 30, was charged with failure to stop and render aid. Houston police say Torres turned himself in days after the accident. However, this was not until after bicyclists involved with Bike Houston and Ghost Bike, a group known for its memorials throughout Houston marking the locations of fatal bike accidents, put up posters describing the hit and run. Members of Ghost Bike acquired photos of Eduardo Torres' pickup. The photos showed Torres' pickup truck fleeing the scene of the accident. The witnesses who took the photos were initially reluctant to come forward and speak with police.
According to the Houston Chronicle, the parents of a teenage girl have filed suit against two well-known Houston churches, Second Baptist Church and Community of Faith Church. Both parents are claiming that the religious organizations were negligent by employing and failing to properly supervise a youth pastor, Chad Foster, who was previously convicted of sexually soliciting their underage daughter while working there. In 2013, Foster pleaded guilty and was also convicted of sexual assault of a completely different minor, receiving five years in prison.
The aftermath of an auto accident is always a stressful time, particularly if you've been injured. At the same time that you are worrying about your injuries, seeing doctors, trying to get your car fixed (or worse, having to get a new car), and arranging alternative transportation, you have to deal with an insurance company to figure out who will be paying for it all. While this can be tricky when you are in an accident with a private citizen or business, there are even more pitfalls if you are in an accident with a government vehicle like a police car, ambulance, or city bus.