August 2014 Archives

Supreme Court Protects Doctors, Again

Generally, a constitution determines whether a statute is permissible, not the other way around. But, on Friday, the Supreme Court used a finding within statute in order to determine that it was constitutional. And, with that finding, the court protected a doctor and hospital by dismissing a malpractice claim stemming from profound birth injuries, even before the injured child turned 18 years old.

Tracy Morgan Files Lawsuit Against Wal-Mart Over Deadly Bus Limo Crash

Tracy Morgan filed suit against Wal-Mart, the company who employs the truck driver who crashed into him, severely injuring Morgan. A passenger in the bus limo died as a result of the crash. In the criminal report, police said the truck driver had been awake for more than 24 hours at the time of the crash. He failed to notice traffic slowing in front of him and hit Morgan's bus despite trying to swerve out of the way, authorities said.

Back to School Traffic Safety

As the first day of school approaches for many schools across the country, pedestrian, bicyclists, and traffic congestion will dramatically increase in school zones. Due to this increase in traffic, it is essential for drivers to stay alert during peak commuting hours on school roads. Although drivers should always be vigilant for adult pedestrians, they should pay special attention for children pedestrians and bicyclists, as they are at a higher risk for injury.

Transportation App Raises Insurance Questions

On Wednesday August 6, 2014 the Houston City Council voted on the alterative taxi services Uber and Lyft. In a 10-5 vote, with two City Council members absent, the City Council approved the use of the two "taxi apps". Council members in opposition of Uber and Lyft were Jerry Davis, Mike Laster, C.O. Bradford, Michael Kubosh, and Jack Christie. The vote required amending the existing Houston City Ordinance, Chapter 46. This ordinance covers taxis, limos, and airport shuttles.

Woman Wins $4.3 Million in Texting-and-Driving Case

A Florida woman who was severely injured in a 2010 accident caused by a man who was texting and driving has won a $4.3 million verdict. The final judgment hasn't been signed by the judge yet, but a verdict was handed down Aug. 5 in Flagler County Circuit Court awarding damages to 26-year-old Cacilia Carter. Additionally, the verdict was not reached by a jury but by Circuit Judge Dennis Craig.

Gas Pipeline Explosion Kills Man in Rusk County

Last Tuesday, a natural gas pipeline owned by Canadian energy giant Enbridge exploded in Rusk County, Texas. Conner Wilson, 32, of Longview, an employee of Thunderhorse Oilfield Services, was killed in the explosion, leaving behind a wife and four children. The rupture that led to the explosion was reported caused when a mulching machine, apparently operated by Wilson, struck the pipeline.

High Speed Pursuit Ends in Tragedy

Six people were killed in an automobile accident when a Dodge Durango collided with a Honda Civic during a high-speed police chase. According to the police report, the chase began around 8:20 p.m. when a police officer attempted to pull over the Dodge Durango. Police say the driver of the Durango was swerving with his headlights off. Upon commencing to stop the Durango, the driver began to flee. Police had no choice but to pursue. The ensuing chase reached speeds upward of 100 miles per hour. Captain J. Jaekel told news reports that the suspect was fleeing at such a high speed that police cruisers could not stay within close proximity to the Durango. "He was going so fast my guy couldn't keep up."

Patient Dies after Medication Error

One day after celebrating her 73rd birthday, Dalia Hernandez was admitted to Northeast Baptist Hospital in San Antonio, Texas to have a gangrenous toe amputated. What was expected to be a short hospital admission turned into tragedy.

Truck Accidents Continue to Increase

On the morning of August 1, 2006, Dan Lindner waved goodbye to his wife and two sons as they departed in their packed minivan for a family reunion in Ohio. Once traffic came to a halt on Interstate 80, an International 9400 semitrailer could not adjust its speed in time and crashed into the Lindner's minivan. That was the last time Lindner ever saw his family alive. The accident was fatal for all parties involved, Lindner's wife and children all died instantly at the scene.

When are drug recalls used for dangerous products?

In the United States, government agencies are required to oversee rigorous and robust tests for pharmaceutical drugs before those products go to market. The Food and Drug Administration is tasked with ensuring that medications are not considered dangerous products because they harm more than they help. However, some Texas residents and others throughout the nation still suffer illness because of medications that cause physical ailments. These victims may be entitled to financial compensation because of their experiences related to prescription drug recalls.

Fracking Death - Fighting for the Family Left Behind

In this business we often see families torn apart and loved ones lost due to worksite neglect. A disregard for safety can often cost someone their life, as was the case with Raul Segura, Jr. Chelsie King Garza and I had the honor of representing the Segura family and brining justice to the wife, children, and family this young man left behind.

EPA to Host Hearing on Refinery Emissions

According to the Associated Press, the U.S. Environmental Protection Agency (EPA) will host a public forum in Galena Park on proposed rules that would require stricter emission controls and monitoring standards. Dozens of people are expected to testify about the health effects of living in such close proximity to the refineries, while industry representatives will repeat their claim that the new rules are financially burdensome and superfluous. The American Petroleum Institute, an oil and gas lobbying group, has called the intended environmental benefits of the rules "questionable." The EPA proposal would require refiners to place monitors on the fences of communities like Manchester to track emissions of the carcinogen benzene, upgrade storage tank and coke unit emission controls and regulate flaring. EPA officials estimate such actions could reduce toxic air emissions by as much as 5,600 tons a year, directly affecting the 5 million people in the U.S. who live within a 32-mile radius of oil refineries.

Back-to-Back Fatal Accidents in Permian Basin Oilfields

Onshore oilfields are among the most dangerous workplaces in America, and the Permian Basin of West Texas and southeastern New Mexico is no different. Last week, two oilfield workers were killed in the span of two days in Eddy County, New Mexico. Unfortunately, that was only the second-deadliest week for Eddy County oilfields this year-three were killed in the first week of May.

How do I report hazards that could lead to a workplace accident?

Many Texas workers have identified unsafe workplace conditions that they fear could lead to injury or death on the job. If you discover such potentially hazardous conditions, you need to notify someone -- but whom?

Texting Ban Saves 19 Lives Per Year

In order to keep traffic fatalities and driving accidents to a minimum, drivers must be attentive of their surroundings at all times while operating a vehicle. Although concentration on the road is key, the use of handheld devices has become problematic for drivers in the modern era due to the shift of focus on the road to texts, emails, and phone calls that can easily distract drivers. The second drivers become focused on their phones while driving, they are distracted and the safety of motorists, cyclists, and pedestrians becomes jeopardized.

Trucking Accidents on the Rise

In August of 2006, Angela Lindner and her two sons were crushed and killed by a three-axle Intercontinental 9400 semitrailer that slammed into their minivan. Dan Lindner lost his wife and children instantly.

The Threat of Fire

Thousands of years ago, mankind discovered the benefits of fire. Fire used for cooking food increased digestibility, and fires also provided warmth. Millennia later, fires provided the heat necessary for steam engines, fueling the industrial revolution.

Firm Files Suit after Death of Child at Lake Conroe Resort

On July 10, 2014 Andrew Orvis suddenly fell from a dock into Lake Conroe at the Piney Shores Resort. Andrew's father was able to quickly retrieve his son from the lake and administer CPR in time for Life Flight to arrive. Unfortunately, Andrew was pronounced dead at the hospital. Although Orvis' autopsy reports are still pending, it is believed that his death was caused by an electrical shock from live wires found at the dock where Andrew was sitting. Witnesses described Andrew as having an unnatural body reaction. And, more importantly, inspectors for the City of Conroe found the live wires after the incident and disconnected them after paramedics had arrived.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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  • $50+ Million Personal Injury Fire and 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 Personal Injury Large 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 Personal Injury Plant Fire and 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 Personal Injury Work Site 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 Auto Accident 18-Wheeler Collision

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

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 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.

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