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.

Houston Chronicle Highlights the Supreme Court's Removal of Texans' Rights

In an article on the first page of the "City & State" section of Friday's (8/10/12) Houston Chronicle, writer Patricia Kilday Hart exposes the loss of rights Texans have undergone due to the Texas Supreme Court's extremist "tort reform" efforts to protect businesses from bearing responsibility for their misconduct.

Ms. Hart references an academic study of the decisions of the Supreme Court published in 2007. It showed that the Court ruled overwhelmingly for defendants (87%). One particular defendant, Wal-Mart, was a favorite appellant: in other states, it prevailed 56% of the time; but at the Texas Supreme Court, over a seven year period the Court ruled in its favor on all twelve of its cases, producing a 100% success rate.

The trend has certainly continued. In the 2010-2011 term, my own analysis of the Supreme Court's holdings revealed that, in wrongful death or personal injury cases, the Court ruled for the defense 75% of the time. In the 2011-2012 term, which ended on July 6, 2012, the Court ruled for the defense in 82% of the personal injury or wrongful death cases.

Sometimes, injustice occurs when the Court refuses to exercise its duty to correct a ruling in a lower court. Ms. Hart points to the case of Michelle Gains, a teenager badly injured by an 18-wheeler hauling oilfield equipment. The jury which heard the evidence awarded substantial damages to her family so they could obtain treatment and care for Michelle, who suffered brain damage in the crash. When an appellate court disregarded the jury's verdict, even though the testimony indicated that evidence had been destroyed and a witness had been bribed, the Supreme Court refused to act.

This radical philosophy evinces a lack of respect for the decisions of juries. The right to a trial by jury is enshrined in the Seventh Amendment to the Constitution. Yet, as Ms. Hart reported, "Texas Watch...found the court overturned jury verdicts 74 percent of the time" from 2004 to 2010.

As a result of this, as well as the elimination of rights by the Legislature, injured victims - illustrated by the circumstances faced by the survivors of Charles Caldwell - find the courthouse shut to them because no attorney can accept their cases. In Mr. Caldwell's instance, no lawyer would pursue the claim resulting from his death even though "the Texas Board of Nursing issued a reprimand against the nurse for committing major medical errors." In her memorable closing, Ms. Hart wrote: "In a society bereft of legal boundaries, there's no need for lawyers."

If you or someone you know has been a victim of personal injury, 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