In a brief per curiam opinion on November 22, the federal Fifth Circuit Court of Appeals made what, perhaps, should have been an obvious ruling: that where a Texas limitations tolling statute does not contain an exception, a federal judge cannot simply create one. However, in Clyce v. Butler, the trial judge decided otherwise, and was reversed by the Fifth Circuit.
In last two decades there has been a dramatic increase in the popularity of bounce houses. Although they may seem less dangerous than rollercoasters or carnival rides, they can ultimately be just as dangerous and have little to no regulations depending on the state.
If you have received medical treatment after being in a car wreck or being injured in another type of accident, you may have received a letter from your health insurance company asking you questions about the accident or claiming a "subrogation" interest. Or you may have received a letter from the hospital giving you notice that a "hospital lien" has been filed. Or you might have received a letter from the Center for Medicare Services talking about the Medicare Secondary Payer Act and something called "conditional payments."
The Ohio State Fair, one of the largest in the nation, draws thousands of people for its fried food and thrilling amusement rides. The "aggressive thrill" ride at the carnival, called the Fire Ball, was a crowd favorite for its fierce swoops and circular swings. Unfortunately, on July 27, 2017, this crowd-thriller turned lethal as it snapped in motion.
The dangers of leaving children alone in the car during the summer months are well known to us in society. Unfortunately, despite the numerous public service announcements reminding us of these dangers, it seems that every year we hear about another heat stroke death as a result of a child being left alone in the car. However, children are not the only ones susceptible to heat stroke.
On February 18, 2017, tragedy struck the parents of 10-year-old boy, Aiden. The young boy had been visiting his friend's home in Central Austin when he was killed by the home's security gate. The metal mesh between the gate and the stone wall had been removed, creating a gap just wide enough for the size of the victim's body to fit through. The friend's motion triggered the gate to open while the victim, Aiden, stood in this gap. As a result, the metal gate crushed the little boy's body, cutting off oxygen supply to the brain. Aiden was rushed to the hospital, but his brain was already dead. He died five days later.
Most people will go through their whole lives without being sued. Sometimes it happens, however, and the experience can be stressful and frightening. They probably didn't teach you in school what to do if you or your business are sued, and it can be easy to panic when you've been served with a lawsuit seeking a large amount of money in damages. However, remembering a few simple things can help save you a lot of heartache:
In July of 2012, Ed Blackwell was driving in Spring, Texas when he entered the southbound lanes of Interstate 45 near Woodlands Parkway. He then suddenly made a sharp U-Turn and began travelling north in the southbound lanes. Shortly thereafter, he crashed into a car occupied by Anis Atkins and Dominique Hobbs. As a result of the crash, Atkins and Hobbs died. Stephen Isbell, a passenger in Blackwell's vehicle, also lost his life as a result of the collision. At the time of the crash, Blackwell's blood-alcohol content was more than twice the legal limit. Prior to getting in the car, Blackwell and Isbell were drinking at Papa's Ice House in Spring.
After an individual has been involved in a collision or been the victim of some other incident where they have received personal injuries, it is normal for the injured person or his/her family to be contacted by an insurance company very soon afterwards. It is important to understand that these insurance representatives have adverse interests and are agents of a profit-motivated insurance company. It is common for the insurance adjusters to suggest that the injury victim not contact a lawyer and that people are better off dealing directly with the insurance company. This is all in an effort to try and get the injury victim to settle quickly for an inadequate amount. For the reasons stated below, it is strongly suggested that injury victims ignore any quick settlement offers or advice from adverse parties.