Vehicle rollovers. Dog bites. Auto accidents. Burns. Defective products.
Operating as usual
I have handled two wrongful detention, false imprisonment cases involving false accusations of shoplifting in stores. Obviously, the value of the case against the store involves the treatment of the person after they are accused and the length of the detention.
The Sandy Hook Settlement with Remington and the Road Ahead on Gun Violence Gun manufacturers had considered themselves all but immune, thanks to a 2005 law, the Protection of Lawful Commerce in Arms Act.
Offhand, and without doing legal research, and without extensive knowledge of the facts, it would seem to be a strong case against Mr. Baldwin.
Family of woman killed on set of 'Rust' files wrongful death lawsuit against Alec Baldwin, others The family of the woman who was shot and killed on the set of "Rust" late last year has filed a wrongful death lawsuit against actor Alec Baldwin and others involved in the production.
Prince Andrew settles lawsuit filed by Epstein accuser Virginia Giuffre Prince Andrew, the son of Queen Elizabeth II, has settled a lawsuit with Virginia Giuffre that alleges he sexually abused her in a sex ring operated by Jeffrey Epstein.
One time handled case for guy who hurt himself on truck ramp. He was going up the ramp on a riding lawnmower, and the ramp collapsed.
I am very disappointed when my past clients and present clients hire an Attorney who has few real qualifications, other than massive advertising campaigns to handle their accident and injury cases.
If you hire him, you are likely to get an Attorney who has not been out of law school very long, or could not make it on their own in private practice.
I used to refer to myself, as the Patron Saint of the bad "wrongful death" case. That is because, every such case I recall I had was rejected by other Attorneys.
I do not think the City should have left people just go crazy with firecrackers all over town, yesterday, New Years Eve.
A hypothetical question in law school, on this issue, might ask something like: "Suppose the City of Corpus Christi has a municipal ordinance forbidding the setting off of fireworks in the City. On New Years Eve 2021 there was no attempt to patrol the neighborhoods by the police for fireworks, or to issue citations for the illegal actions of setting off the fireworks. There were no press releases by City officails of the illegality of setting off fireworks. On New Years Eve 2021 Joe Banana's pibull Skipper, escaped from the backyard because he was so terrified by the noise from the fireworks going off all over the neighborhood. Skipper the pitbull escaped and attacked a former newpaper writer named Bob, who was severely bitten, and lost the use of his right arm. Bob suffered no lost wages, as he was not working, however. He asserted that the injuries impaired his ability to maintain his rental properties.
Discuss the possible liability of the City by Bob. Discuss Joe Bananas liability also for his dog Skipper escaping from his backyard. Discuss all possible damages that Tom may sue the city or police department or Joe Bananas."
The lawyers who advertise a lot, act like they have your best interest at heart. However, it is a business, and some are just interested in making a lot of money, and could care less about you. Many are just good at marketing their services like Coca-Cola is good at marketing their services. You might ask for the name of the Attorney who will be representing you, if you hire those large Texas firms, or at least tell them that you desire to speak to the same lawyer thoughout your case.
Interesting case. Without doing research though, I think the case would be difficult in Texas and complicated. Perhaps the lawsuit would be barred by Workers Compensation coverage. Perhaps the company could assert an act of God. Could the company assert as a defense that the workers could have left, and been fired; but the workers were not forced to stay?
Workers at Kentucky candle company file lawsuit, claim they were told to work through tornado Workers claim the company threatened to fire workers who left their posts ahead of a tornado outbreak that flattened the factory and left eight workers dead.
If this tragic story is true, about an inflatable bouncy castle blowing away and killing five children inside, and it is hard to believe that it is true; in the U.S. this "products liability" lawsuit would be worth a fortune.
Recently there's an odd case in Nueces County Texas regarding a lawsuit against a bar, under what is termed the dram shop act. In this case, I believe that the bar, served a patron a lot of liquor and they got drunk and killed someone in an unfortunate DWI accident.
Generally, the first thing an attorney does when contemplating filing a lawsuit is look to see if there is an applicable insurance policy.
If there is not they look to see whether or not there's any chance of collecting the money judgment.
If there is not they do not file a lawsuit because they'll have wasted their time and their money and they have costs to run their businesses such as payroll and rent.
If you look at some relatively recent posts of mine on this page you will see that I discussed this issue of worthless judgments for money weeks or months before this judgment received all of this publicity.
This billion dollar judgment seems to be for the publicity of the lawyers. It may also have the unfortunate effect of driving up the cost of insurance for any establishment that serves liquor.
Someone was discussing the possibility of the survivors of those shot by Kyle Rittenhouse, of suing Kyle Rittenhouse for wrongful death, etc.
In Texas, that might be hard to do, unless Rittenhouse had an insurance policy to collect the judgment from, or unless he was rich. He may wind up, however, with some amount of money from book deals, etc.
Offhand, I am thinking it would be tough to file suit and win much money.
Part of it is the jury pool, or venue. I think if you look at the demographics of the jury pool in that area of Wisconsin, they would not be likely to award the "protesters" or "rioters" much, if any money. And part of it may be, as discussed previously, the difficulty in collecting a money judgment.
A possible products liability lawsuit:
Local family blames mother's death on faulty respiratory device Julie Vedia died in September. A week later, her family received a letter saying a CPAP machine she was using had been recalled.
A judgment for money in a personal injury case means nothing, if your lawyer cannot collect the money from the person successful sued.
For example, that is why an Attorney will often settle the case for the maximum value of the car insurance policy. Practically, that is all the person injured would probably get anyway.
"However, 'the scene did not call for Defendant (Alec) Baldwin to shoot the Colt Revolver,' the document stated."
And the wrongful death against Alec Baldwin depending upon various laws in the state of New Mexico, may just be a license to print money by the family of the deceased victim.
I like lawyer Robert Brukenhoeffer's Billboard that states, "When you hire me, you get me."
A frank and honest statement telling you that when you hire Thomas J. Henry, you basically do not get him; you get some other lawyer, who may just have gotten out of law school or may not meet your qualifications for a professional.
A "products liability" lawsuit might be brought on behalf of a person who was injured by a product.
So, for example if you buy a new floor fan for your house, and it burns down your house you can sue the manufacturer of the fan.
A lawyer should always attempt to find a violation of a city code, a municipal ordinance, a state law and so on in order to allege "negligence per se" in a lawsuit for an accident case.
For example, you might assert that the failure to use the turn signal caused the accident; and this is a violation of the Texas Transportation Code; and this therefore constitutes "negligence per se".
"Negligence per se" loosely translates as, "negligence as a matter of law."
Generally, it is nearly impossible to sue a Doctor or Hospital in the state of Texas. But check with a lawyer anyway.
There is generally a two year time period from the date of an accident to file a lawsuit.
Started researching about the drug Prozac possibly causing a suicide, and came across this interesting case from 2019 about the manufacturer of Prozac paying a secret settlement to victims of a mass shooting:
Prozac maker paid millions to secure favorable verdict in mass shooting lawsuit, victims say Twenty-five years after a jury absolved Prozac of blame for Joseph Wesbecker's shooting rampage, a newspaper reports the drugmaker agreed to pay victims $20 million before the verdict
I have done very few "products liability suits" since I have been practicing. I did a few sports utility vehicle rollover cases.
One involved the Chevy Blazer. The older Chevy Blazer was high off the ground, that is, it had a high center of gravity. The Blazer also had a "short wheel base" which means it was a small car. A high small car like that was difficult to handle in an emergency situation, such as if you veered onto the shoulder of the road.
Once you veered onto the side of the road, the vehicle was hard to handle and the driver had a tendency to over correct. Then the vehicle would rollover.
The seatbelts were designed for crashes, not rollovers. So you would slip out of them. Someone in the front seat could easily tumble to the rear seat.
There was a huge pane of glass on the side. So you would be ejected through the back glass as the glass was not broken into separate pains, and the glass was not laminated as was the windshield.
As you can see, there were a variety of product defects which made this vehicle very dangerous.
A local lawyer who does personal injury law, has a billboard which states, "When you hire me, you get me."
This is a true statement and a slam against lawyers who set up firms and often hire lawyers out of law school.
When you hire such a firm, you can easily wind up with a young lawyer, without much experience, or even practical knowledge about personal injury cases. In addition, such big firms refer out their bigger cases to other lawyers.
When you hire such firms you get anyone except the lawyer whose name you see in his advertising.
Here is a propaganda piece from the special interest group, Bay Area Citizens Against Lawsuit Abuse. Although my Accident and Injury Practice is greatly diminished to the large mass advertising by Attorneys, it sickens me when this special interest group attempts to change the laws to protect negligent commercial vehicles and trucks.
Forum: South Texas commercial vehicle operators, owners under attack From fiscal 2008 to fiscal 2019, the number of motor vehicle lawsuits soared 118 percent, according to the Texas Office of Court Administration.
HB19 would in part limit the ability to sue trucking corporations by redirecting liability solely on the commercial drivers themselves, which some believe is unfair when it comes to seeking remedy for loved ones.
Lawmakers Consider Bill Redirecting Liability Around Trucking Lawsuits House Bill 19 is related to trucking wreck lawsuits.
"Negligence per se" means negligence as a matter of law in Texas. For example, if someone hits your from behind, while you are stopped at a red light, they will probably be held to be "negligent as a matter of law" and they will be presumed to have caused the accident.
Personal Injury Protection, is referred to as "PIP" for short. That is part of your automobile insurance, that allows you to recover for medical bills and lost wages if you are in an auto accident. Generally that money is in addition to money that you might collect from the other drivers insurance company.
Currently drafting a lawsuit on behalf of a client who was refused payment for a life insurance policy on behalf of their parents death.
Be sure to take pictures after an auto accident on your phone. Those would be prictures of your car, the other car, the location of the vehicles, and any injuries you have.
Also, If you are hurt, or believe you might be, the sooner see a physician the stronger your case will be.
I have not been keeping up this page very well. That is because it is discouraging for me to see Lawyers who do massive advertising campaigns obtain all of the business for personal injury, auto accident cases, 18 wheeler accidents, and so on.
To state the obvious, I have been doing these cases over thirty years, and have been successful in many wrongful death cases whcih other attorneys would not handle.
Please keep me in mind for auto accident cases and accident cases. Keep in mind that the Attorneys who do the massive advertising almost never handle your case at their firm; or they may refer your case to another law firm altogether.
The office number is 361-888-6968.
Father Christmas and Santa Claus: a brief history of two Christmas champions Images of the Anglo-American Santa Claus or Father Christmas has come to dominate the modern Christmas. You can find him in the department stores of Tokyo and Singapore as well as New York and London. But who is he? What does he have to do with Odin, and when was he called Captain Christmas?
I settled an accident case this week, for a young farm aid who was driving a large farm vehicle, on the shoulder of the road, and was hit from the rear by a woman driving a mini-van.
His vehicle rolled over.
I accused the woman who hit him in her minivan of being on her cell phone, as I could not figure out how else she could have hit him from behind so squarely in another lane.
I drafted the lawsuit, and also drafted Requests for Production which were to be filed with the lawsuit; and one of the requests was for her to produce her cell phone records.
That may have done the trick, as the settlement was for a pretty good amount given the amount of medical Bill's.
"Distracted driving" is a big problem now, and this is the second case I settled because the driver was on their cell phone.
The police report is an important tool in obtaining a fair settlement from the insurance company. If you tell the officer you are not injured at the scene of the accident, and he writes it on his report, you will have a more difficult time in obtaining a fair settlement later.
Part of the job of an Attorney is to work with the medical providers, such as the Doctors who treated the client for the injuries received in the accident. For example, if there is not enough insurance money to pay for the medical bills, the Attorney might have to contact the Doctors to see if they are willing to reduce the amount of the medical bills so the client recives something in the final settlement.
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For over 25 years, Ben Bronston has been a champion for the rights of victims injured as a result of the negligent or wrongful actions in Corpus Christi.
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