Plano Injury Lawyer Blog

As reported by The Dallas Morning News, a local intoxicated man was headed the wrong way on North Central Expressway near Royal Lane severely injuring a 21 year old woman on August 12, 2011. Both the drunk driver and the victim went to Baylor hospital for injuries sustained from the accident in which both cars were completely destroyed. The drunk driver almost hit the woman head on while exceeding 80 miles an hour. It is a miracle that both drivers survived the accident.

Many laws have been enacted to ensure that people drive safely. If people would simply choose to follow the rules and regulations that have been set in place for the roads, so many injuries and deaths could be avoided altogether. As the intoxicated man stated "He told investigators that he didn't know where he had been before the accident and that he wasn't sure how much alcohol he consumed, according to police documents."

"The crash came only days after Dallas police and other law enforcement agencies launched their biggest anti-DWI campaign of the year, ahead of the Labor Day weekend." Lt. Scott Bratcher, head of the vehicle crimes unit, said the collision was another unfortunate reminder of the consequences of driving while intoxicated.

Continue reading "Man Charged With Intoxication Assault In Wrong-Way Wreck In Dallas" »

The remarkable, yet humble trial lawyer always inspired me to become a trial lawyer, James J. Hagerty (aka "Grandpa Jim"). After a dozen years of fighting for clients myself, I was in the need of some inspiration. Who better than the man who brought honor to this great, and sometimes grueling profession? Last week, I sat with Grandpa Jim in his living room in North Palm Beach, Florida. He shared with me the story of his last trial. The Attica Prison Riot Trial. He represented the widows of two inmates who were murdered by prison guards, as they stood in the yard, both unarmed, both pressed against the wall, defenseless. Of the more than 100 Attica cases, he was the only attorney who stayed on the case from beginning to end. Eighteen years. It took eighteen years for them to finally have their day in court. He talked to me about humanizing the killed inmates. The video footage of the shootings set the tone for the trial, and in the end, the entire courtroom was in tears. It truly was a massacre. After my prodding, he eventually disclosed to me that his two were the highest verdicts in all of the lawsuits. What amazes me most, is that twenty years after retiring, he still takes so much pride in the high-quality efforts he poured into each of his cases. His perseverence continues to fill me with the fuel I need to keep up this fight. Grandpa Jim knew that when society cages individuals in prisons, they are not stripped of their worth as a human being. Everyone should have a lawyer like him, and hopefully, one day, I will fill those precious shoes. Here's to the real trial lawyers.

As reported by ABC News, a Texas man was awarded more than $1.5 million in a lawsuit over profane voicemail messages allegedly left by a collections agency.
Allen Jones receives profanity-laced collection agency calls.

Lawyers for Allen Jones, of Lewisville, Texas, say he was subjected to harassing phone calls from Advanced Call Center Technologies. Employees, lawyers said, used the n-word and the f-word and made racially-charged remarks about Jones, who is black.

In one voicemail message, a collector suggested that Jones "go pick some m*****f****** cotton fields," according to recordings provided by Jones' lawyers.

"It got out of control," Jones, 26, said. "It was horrific."

Dean Siotos, a lawyer for Advanced Call Center Technologies, called the language in the voicemails "indefensible" and said that the calls allegedly placed by ACT employees "must have been in some sort of personal attack unrelated to the business."

"It's not in any way, shape or form consistent with the way ACT's collection deparment attempted to collect debts," he said.

Two ACT employees named in Jones' lawsuit no longer work at the company, Siotos said. He said the company, which has headquarters in Pennsylvania, will wait until an official judgment is entered on the jury verdict before deciding whether to appeal. The jury issued its verdict last Friday.

Jones said that the collection calls took place in August, 2007 and stemmed from an $81 credit card debt. Jones said the he had actually paid off the debt at the time he started receiving calls from ACT, but the collections agents wouldn't stop calling even after he told them the debt was resolved.

The calls came as early as 6:30 a.m. and as late as 11 p.m., said lawyer Dean Malone, who along with Mark Frenkel, represented Jones in the case. In addition to profanity, one of the messages included a sexual message about Jones' wife, Malone said.
"It was just significant, over-the-top harassment," he said. "I've handled hundreds of these cases over the years. This is by far the worst I've ever seen."

After a two-week trial, a jury found ACT and its former employees had violated Texas debt collection rules and awarded Jones $50,000 for mental anguish, $143,000 in attorney's fees and $1.5 million in additional damages.

Sadly, there are so many more cases out there, that verge on this type of abuse. As the economy worsens, Americans are falling behind on their bills. In come, collection agencies. They tend to prey on people who are clueless about their rights, and with perceivably no recourse. However, the Texas Debt Collection Act, serves to protect people who are being harassed by these individuals.

Always, always capture the abuse on some type of recording device. Once it is captured, there is little the collection agency can do to deny it (though they will probably try). If you feel that you are being harassed by a debt collector, call my office, and we can help.

Texas Lawyer reports that after a party at the home owned by Former Supreme Court Chief Justice Tom Philips, 17 year-old Audrey King was killed. She was a passenger in a car, driven by fellow party-goer, who was allegedly intoxicated. The girls were furnished alcohol while at the Philips home, which included drinking games and beer bongs. When the noise got out of hand--usually a sign people are getting intoxicated--all of the attendees were kicked out by the Philips, and ordered to leave. The intoxicated teenagers left, and Audry King was killed.

An investigation ensued. Strangely, The Philips were not questioned. The owners of the home where the alcohol was served--the same alcohol that led to the death of Audrey King. Surely it has nothing to do with the fact that Tom Philips sat on the Texas Supreme Court. Surely it has nothing to do with the fact that he is now a Partner at one of the most affluent "Big Firms" in Texas, Baker & Botts. Surely, justice is blind to wealth and power. One would hope so.

Continue reading "Texas Drunk Driving Accident Kills Teen, Former Chief Justice Sued" »

In etrucker, it was reported that because of the link between sleep apnea and trucking accidents, a task force of medical experts is calling for new screening procedures for obstructive sleep apnea among drivers of commercial vehicles.

In a supplement to the September issue of the Journal of Occupational and Environmental Medicine, the task force recommends a more thorough screening and evaluation process and modified criteria for follow-up, recertification and returning to work after treatment.

A 2002 study sponsored by the Federal Motor Carrier Safety Administration and the American Trucking Associations estimated that nearly one in three commercial truck drivers suffers from mild to severe obstructive sleep apnea -- a struggle to breathe during sleep, usually accompanied by terrible snoring. Besides sleeplessness, apnea can cause acid reflux and other health problems and be life-threatening if combined with heart trouble. Reggie White, a member of the Pro Football Hall of Fame, died in 2004 of an apnea attack at age 43.

The latest task force is made up of representatives of the American College of Chest Physicians, the American College of Occupational and Environmental Medicine and the National Sleep Foundation.

"Sleepiness and inattention contribute to a significant number of CMV crashes each year, and OSA has been shown to significantly increase a driver's risk of driving drowsy," said Dr. Nancy Collop of the ACCP Sleep Institute. "Yet, current CMV screening and treatment procedures for OSA are ambiguous and not reflective of the latest advancements in the diagnosis and management of OSA."

Conflicting approaches to screening have left too many drivers undiagnosed, which puts them and the public at risk, Collop said.

Current FMCSA guidelines for the diagnosis and treatment of sleep apnea are based on a 1991 report sponsored by the Federal Highway Administration. The guidelines say that drivers must have "no established medical history or clinical diagnosis of respiratory dysfunction likely to interfere with the ability to control and drive a commercial motor vehicle."

The task force recommends a more extensive screening of drivers' medical and physical history, flagging such risk factors as body mass index, neck circumference or a family history of apnea. It also recommends that medical certification for drivers be based on the severity of sleep apnea. Low-risk drivers should be certified for a maximum of three months, and drivers with more severe risk factors should be prevented from returning to work until they receive a medical evaluation, the task force says.

Although the task force recommends stricter screening, it also suggests a shorter return-to-work time. Under current FMCSA guidelines, drivers being treated for sleep apnea can return to work one month after initial treatment. The task force recommends reducing that period to two weeks, with a re-evaluation after four weeks.

But as etrucker emphasizes, "Sleep apnea is a highly treatable disorder," said Dr. Barbara Phillips of the National Sleep Foundation. "The new return-to-work standards we suggest are more reflective of current clinical knowledge related to the treatment of sleep apnea."

In many cases, apnea now is treated not by medication or surgery but by having the patient simply wear a breathing mask through which air gently flows, to keep the airways clear.

It is baffling why this obviously chronic and deadly issue is going unresolved. It is scary driving on the road, knowing that the person in the truck next to you quite possibly suffers from sleep apnea, and is therefore, a tragedy waiting to happen.

The LA Times reported that Toyota Motor Corporation admitted that about 270,000 vehicles sold worldwide, have faulty engines that could cause them to possibly stall while in motion.

Toyota denies any accidents linked to this defect. There are no reported plans to recall the vehicles. which includes the Lexus.

Toyota spent significant time in the press related to its gas pedal defects, that caused numerous accidents, injuries, and deaths. Toyota was highly criticized at the time for not promptly reporting their knowledge about the danger of those gas pedals. As such, Toyota was fined approximately 16.4 million dollars in penalties. The Japan Times indicated that it was considering appealing that finding by the National Highway Traffic Safety Administration (NHTSA).

Due to the major BP press coverage, Toyota has taken a backseat to the criticisms, and coverage.

Continue reading "Toyota Reveals Faulty Engine Defects" »

BP came to an agreement with the White House to provide 20 million dollars in escrow for the many forthcoming lawsuits it will face. The response from many Republicans, including Rush Limbaugh, ___ of Fox News, and now Texas Representative Joe Barton, was that this agreement amounts to nothing short of "Shakedown" by the White House, which used "Chicago-style tactics" to get BP to loosen their purse strings.

According to the Huffington Post, Republicans on the Hill have calculated that President Obama's successful demand that BP set up a $20 billion escrow account to pay out claims is ripe for political attack. In the wake of Wednesday's White House announcement, a host of GOP officials are raising questions about both the process by which the deal was made and the deal itself -- going so far as to apologize to BP on America's behalf.

Regrettably perhaps, Representative Barton told BP's CEO, Tony Hayward that he was "ashamed of what happened in the White House yesterday," He also stated, " I think it is a tragedy in the first proportion that a private corporation can be subjected to what I would characterize as a shakedown -- in this case a $20 billion shakedown -- with the attorney general of the United States, who is legitimately conducting a criminal investigation and has every right to do so to protect the American people, participating in what amounts to a $20 billion slush fund that's unprecedented in our nation's history, which has no legal standing, which I think sets a terrible precedent for our nation's future."

Continue reading "BP Penalties Referred to as "Shakedown," With Apology " »

As a Plano Injury Attorney representing victims of sex abuse, I have been closely monitoring the Boy Scouts of America Sex Abuse scandal out of Oregon. Recently, a jury found the Boy Scouts of America (BSA) were liable for the sexual abuse of a Kerry Lewis (now 38), and awarded him $18.5 million in punitive damages, for the sexual abuse he endured when he was 12 years old. Six men were also suing.

CNN reported that it was discovered that BSA knew that former assistant Scoutmaster Timur Dykes had been abusing boys, and although the scout leader was removed as a Scoutmaster, he was allowed to stay on as a volunteer and the abuse continued. Mr. Dykes (now 53) was released from prison in 2005 and paroled until 2013.

Dykes also told troop leaders he abused 17 scouts, according to plaintiff's attorney, Kelly Clark.

During the six-week trial, Clark produced documents that he said were part of an archive of previously secret Boy Scout files that chronicled decades of abuse of boys.

However, BSA essentially denied its liability, despite the obvious cover-up. A spokesman said, in response to verdict, "We are gravely disappointed with the verdict," it said. "We believe that the allegations made against our youth protection efforts are not valid."

While holding the Boy Scouts of America 60 percent negligent, the jury said the Cascade Pacific Council -- which oversees Scouting activities in the region -- was 15 percent negligent and the Church of Jesus Christ of Latter Day Saints 25 percent negligent.

Hopefully this verdict will serve to teach organizations who focus on children to wake-up and see that these organizations can be a cesspool for child predators, who are looking for targets. Children trust grown-ups and the violation incurred by Kerry Lewis, and many more like him is unforgivable. The Barbieri Law Firm is committed to helping those wronged by sexual abuse, and other serious injuries.

According to the Dallas Morning News, a Dallas woman was killed this morning when a tractor-trailer slammed into her car as she pulled onto LBJ Freeway in Balch Springs after a flat tire, police said.
Fatal crash on freeway. Police said the truck driver didn't see the car in time to stop.

Trucking accidents are consistently the cause of deaths on our Texas Highways and streets. In fact, according to the FMCSA, 4995 people were killed in trucking accidents in 2006, while 106,000 were injured. That is just too much. Yet anyone who has driven next to an 18-wheeler that seems "asleep at the wheel" knows that the problem is out there, and without proper interference, it is just a matter of time until that driver hurts or kills an innocent person.

Our firm routinely comes across cases where trucking negligence has destroyed lives. Good people minding their own business, who simply "got in the way" of a monstrous death trap. When truck drivers and their employers engage in activities, such as doctoring log books, drug use, and violating traffic laws and federal regulations, they must be held accountable. They risk so much when they hit the roads, showing total disregard to the innocent people whose lives are placed at risk.

Hopefully this family will be able to begin to put their lives together, and hold the trucking company liable for anything they did that was negligent

One month after crude started pouring into the Gulf, there is no end in sight--and it is estimated by BP that it could be until August before the spill is plugged. Of course, BP also vastly underestimated the amount of gallons that were polluting the Gulf from the onset.

AP has reported that "chocolate brown and vivid orange globs and sheets of foul-smelling oil the consistency of latex paint have begun coating the reeds and grasses of Louisiana's wetlands, home to rare birds, mammals and a rich variety of marine life."

BP was leasing the Deepwater Horizon rig from TransOcean, when it exploded April 20, killing 11 workers and triggering the massive spill. The company conceded Thursday what some scientists have been saying for weeks: More oil is flowing from the leak than BP and the Coast Guard had previously grossly underestimated.

A live video feed shows what appears to be a large gushing of oil spewing into the ocean. The House committee website where the video was posted promptly crashed because so many people were trying to view it.

Well over 6 million gallons have gushed into the Gulf since the explosion, more than half of what the Exxon Valdez tanker spilled in Alaska in 1989. A growing number of scientists believe it's more.

Continue reading "BP Oil Spill Negligence" »

Every day, Americans are seriously injured or killed because of the negligence of other drivers, and owners of unsafe properties. Injuries can range from minor scratches and bruising to more serious such as permanent spinal cord injuries and traumatic brain injuries, and even death. Drivers and property owners who commit negligent acts, may be held liable for the injuries they caused. When someone is killed or seriously and permanently injured at the hands of another's negligence, the loss can be very painful to those left in its wake, not only changing the life of the individuals directly impacted, but the lives of loved ones forever.

Recently and sadly, an 87 year old man was killed during a collision at the Texas Motor Speedway, an arguably dangerous track, which was the source of much debate after its initial construction. In this case, the victim was no race car driver. He was a fan, who won a ride around the track after donating blood to the Carter Blood Donor Center. Immediately following his death, agents for the TMS distanced itself from the tragedy, citing that it had rented the dangerous track out to another organization, quickly washing its hands of it. Clearly, something went wrong. An investigation is pending to see where the blame shall lie in this tragic set of circumstances that cut short this innocent fan's life. Perhaps the most tragic aspect of this story is that it all could have been avoided had it not been for negligent, irresponsible behavior.

Many laws have been enacted to ensure people drive safely, and keep their properties safe. If people would simply choose to follow the rules and regulations that have been set in place, so many injuries and deaths could be avoided altogether. When a serious injury or death has occurred, one obvious solution is to ensure the victim, and the victim's family is compensated--i.e. made whole. Although no amount of money can literally "make" someone whole, many injuries and deaths deserve compensation to cover medical costs, therapy, long-term care, and many other costs that the family will now have to endure due to the temporary or permanent loss of the victim.

One of the best ways to get organizations, companies, whomever to stand up and take notice and actually change negligent behavior is through the legal system and the subsequent scrutiny that comes with it: negative public relations, heavy fines from regulation violations and payouts to victims and their families who were wronged by the negligent behavior in the first place. We have to remember that the reason a lot of companies follow safety regulations is because there are consequences. So, when a company falls short, they should be held accountable.