An Update from Our Firm about COVID-19

Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner remains fully operational and committed to serving our clients and colleagues throughout the Coronavirus (COVID-19) crisis. As we follow the CDC guidelines and practice social distancing, we remain available for phone consultations and scheduled in-person meetings with both current and prospective clients and colleagues. Please contact our office by email or by calling 713-222-7211 with any questions. We look forward to hearing from you.

Family of Marine Corps Veteran Sues Eagle Lake

Photo of Brant Stogner

The surviving family members of United States Marine Corps (USMC) Corporal James "JP" Salinas recently filed suit against the City of Eagle Lake in Colorado County. Corporal Salinas died on April 28, 2012 from injuries he sustained in an auto collision while riding his motorcycle and wearing his helmet. The lawsuit alleges that Corporal Salinas was traveling on FM 1013 near Eagle Lake to his job at a Wal-Mart Distribution Center in Sealy, Texas when an Eagle Lake officer, David Lee Weatherall, "inexplicably and without excuse attempted to make an illegal and ill-advised u-turn in front of Corporal Salinas." The lawsuit further alleges that Corporal Salinas skidded into the patrol car causing fatal injuries.

Officer Weatherall was acting in the course and scope of his employment for Eagle Lake at the time of his alleged negligence; thus, Eagle Lake can be held vicariously liable for his conduct. Because the City of Eagle Lake is a governmental unit, the lawsuit is being filed pursuant to the Texas Tort Claims Act ("TTCA"). The TTCA provides a limited waiver of sovereign immunity to governmental units in Texas. In other words, this statute allows suits against the governmental units of Texas in very limited circumstances and severely caps the amount of damages allowed to be recovered.

One of the few exceptions listed in the TTCA that allows citizens to sue the State of Texas and its governmental units is the "motor vehicle exception." This exception allows tort suits against the State of Texas and its governmental units for negligence arising from the use of motor-driven vehicles and equipment. However, the TTCA places a cap on damages against a municipality, such as Eagle Lake. The statutory cap on damages pursuant to the TTCA is $500,000.00 per occurrence that results in bodily injury or death. The per person cap on suits against a municipality is $250,000.00.

If you or someone you know has been injured in an auto accident, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-396-3964 or 1-800-594-4884.

No Comments

Leave a comment
Comment Information
  • $50+ Million Fire & Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Plant Fire & Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Worksite Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $48 Million Catastrophic Burns

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $48 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to top