Attorney Blog

david@davidtoddlaw.com (News Author)9099 — Mon, 22 Jun 2009 08:00:00 EST

Hydroxycut Class Action Suit

david@davidtoddlaw.com (News Author)9100 — Mon, 22 Jun 2009 08:00:00 EST

Attorneys File Hydroxycut Class Action

Attorneys filed a class-action lawsuit last week on behalf of consumers who took the recalled weight-loss product Hydroxycut. According to the lawsuit, the maker of the supplement violated state deceptive practices laws by distributing a product it knew to be unsafe. Hydroxycut was recalled from the market earlier this year after it was linked to liver damage and other ailments. From wire service reports, Contra Costa Times 06/18/2009

Read Article: Contra Costa Times

In Motorcycle Injury, Trucker Liable for Waving On Other Driver, Jury Finds

david@davidtoddlaw.com (News Author)8614 — Sat, 16 May 2009 08:00:00 EST

In Motorcycle Injury, Trucker Liable for Waving On Other Driver, Jury Finds

A New Jersey jury has ordered a truck driver to pay $750,000 after finding that he contributed to an accident that injured a motorcyclist. During the trial, jurors heard testimony that the truck driver had waved another driver into traffic. As the other driver crossed a highway, he collided with a motorcycle ridden by the plaintiff. New Jersey law allows drivers to be held liable if they wave others into traffic. AP, Philadelphia Inquirer 04/18/2009

Read Article: http://www.philly.com/philly/wires/ap/news/state/new_jersey/20090418_ap_jurytruckerwhowavedincarliableincrash.html

Lawsuit: Bus Company Negligent in Fatal Crash

david@davidtoddlaw.com (News Author)8615 — Sat, 16 May 2009 08:00:00 EST

Lawsuit: Bus Company Negligent in Fatal Crash

Attorneys have filed a lawsuit on behalf of the families of two Texas middle school teachers killed in a bus crash in southern Mexico earlier this year. According to the lawsuit, Monterrey-based Grupo Senda Autotransporte negligently subjected passengers to risk of injury and failed to comply with promises to pay medical and funeral expenses for those injured or killed in the crash. The lawsuit seeks damages for pain, suffering, mental anguish, medical expenses and lost wages. Jeremy Roebuck, The Monitor 05/14/2009

Read Article: http://www.themonitor.com/articles/saltillo-26554-bus-sue.html

American Association for Justice (AAJ) Release New Report Condemning Some Insurance Company Practices

david@davidtoddlaw.com (News Author)6673 — Sun, 14 Dec 2008 08:00:00 EST

American Association for Justice Report on the 10 Worst Insurance Companies

david@davidtoddlaw.com (News Author)6672 — Sun, 14 Dec 2008 08:00:00 EST

Driver charged with intoxication manslaughter in death of pedestrian

david@davidtoddlaw.com (News Author)6500 — Sun, 30 Nov 2008 08:00:00 EST

Fayette County accident kills man

By Andrea Lorenz | Sunday, November 30, 2008, 10:24 AM

A 23-year-old man died early this morning after being hit by a car east of Schulenburg in Fayette County, according to the Texas Department of Public Safety.

Blake Edward Jaksa, of Weimar, was standing on the westbound shoulder of U.S. 90 when a Chevy pickup truck driven by Nicacio Paz Herrera, of Schulenburg, struck Jaksa at about a 1:30 a.m. Sunday, law enforcement officials said.

Jaksa died at the scene. Herrera, the driver, was arrested and charged with intoxication manslaughter and taken to the Fayette County jail, DPS officials said.

TEXAS SUPREME COURT MAINTAINS HARD LINE IN FAVOR OF DEFENDANTS

david@davidtoddlaw.com (News Author)6501 — Sun, 30 Nov 2008 08:00:00 EST

AUSTIN – Court Watch, a project of the Texas Watch Foundation, released its latest annual review of the decisions of the Texas Supreme Court covering the 2006-07 term. The report finds a record-breaking pro-defendant bias and includes a list of the most anti-consumer decisions handed down by the Texas Supreme Court. This year’s list, known as the “Dirty Dozen,” was expanded from ten to twelve because of the high volume of opinions detrimental to consumers, seniors, patients, and policyholders.

This is Court Watch's eleventh annual review of the Texas Supreme Court. Over that time, Court Watch has highlighted the Court’s pro-defendant bias by conducting a statistical examination of the Court, as well as discussing significant legal trends that effect Texas families. Over the eleven year history of the Court Watch project, the Court has consistently demonstrated a pro-defendant penchant; however, during the 2006-07 term, consumers prevailed just 14% of the time – a new low.

“The Court’s clear bias against consumers has reached a critical mass,” said Alex Winslow, Executive Director of the Texas Watch Foundation, which produces the Court Watch report. “No longer does the Court even pretend to be balanced in its decision-making. Insurance companies, polluters, and other wrongdoers know that they will likely be bailed out by the Texas Supreme Court.”

$55M Verdict for 10 Year Old Injured in Car Accident

david@davidtoddlaw.com (News Author)3425 — Fri, 21 Sep 2007 08:00:00 EST

New State Law Makes Vicious Dog Attacks A Felony

david@davidtoddlaw.com (News Author)3421 — Thu, 20 Sep 2007 08:00:00 EST

Pet owners better get a tighter grip on their dog leashes.

Just three weeks ago, the Texas Legislature passed a new law, making it a felony if an owner's pet kills or seriously injures another. The pet owner could even face jail time, even if it's the animal's first attack.

Law Evolved from Fatal Attack on Elderly Woman in 2005

The law stems from the fatal mauling of 76-year-old Lillian Stiles, who was attacked and killed by a pack of dogs in central Texas in November, 2005. The owner of the pit bull-Rottweiler mixes was charged with criminally negligent homicide.

The dog pack pulled Stiles' hair from her scalp and tore off her clothes. The maul was so severe, she was barely recognizable to her husband, the Associated Press reported.

"If my father didn't know what my mother had been wearing, he wouldn't have known it was her," said Stiles' daughter, Marilyn Stiles Shoemaker. "That's the last image my dad has of mom, seeing her like that. After 55 years of marriage, that's real hard."

Rep. Gattis Names Bill, "Lillian's Law"

Representative Dan Gattis of Georgetown filed Texas House Bill 1355, dubbed "Lillian's Law," which would leave dog owners facing a second-degree felony and two to 20 years in prison if their animal attacks and kills or causes serious bodily injury. In the past, it was the animal, not the owner who suffered the consequences, in some cases, euthanasia.

Attorney Jeff Shaver of the Texas Responsible Pet Owners Alliance supports making dog owners responsible for their pets, but he said many live in areas where dogs are legally allowed to roam free.

"Dogs, like kids, sometimes get out of a yard and do something they're not supposed to do, and you're going to create a whole new class of felons," Shaver said. "It potentially could affect a lot of people in a bad way, people who aren't criminals. Do we really want to make people in this category the same as burglars and rapists?" he asked.

Said Keane Menefee of the Fort Worth Animal Care and Control, "Any tool we can get to protect our citizens is vital." Animal control officers said the problem is the pet owner who trains dogs to fight or allows them to run off-leash.

The Centers for Disease Control's National Center for Injury Prevention and Control reported dogs bite 4.7 million people a year, with 800,000 requiring medical attention. Of that number, 386,000 need emergency treatment and 12 die.

http://www.itchmo.com/new-texas-dog-bite-law-goes-into-effect-2592

CDC: US Free of Canine Rabies

david@davidtoddlaw.com (News Author)3356 — Fri, 07 Sep 2007 08:00:00 EST

Reuters reports that the Center for Disease Control has announced a small victory over the fatal and untreatable rabies virus. No cases of canine rabies have been found in the United States since 2004.

The CDC emphasizes that this does not mean that the rabies virus has completely disappeared. The virus evolves to match the animal it infects. Dogs can still become infected with rabies when bitten by an infected raccoon, skunk, or bat, but can no longer catch the disease from another dog.

Worldwide, rabies kills 55,000 people a year, according to the World Health Organization.

Chihuahua Dies After Being Left Inside Car in Sweltering Heat

david@davidtoddlaw.com (News Author)3354 — Thu, 06 Sep 2007 08:00:00 EST

You can't ask, "What was she thinking?" because she either didn't or couldn't.

KXAN News in Austin reported Sept. 5 police arrested Joyce Stookesberry for shoplifting at a Wal-Mart in San Marcos. When police reached her car, they found six adult and nine Chihuahua puppies inside. The dogs were soaked in their own urine and had no water to drink in mid-90-degree heat. The temperature on the inside was well over 100. One of the dogs died in the pressure-cooker but the rest somehow survived.

Act Was Criminal Offense --- Texas Penal Code

According to the Texas Penal Code, Statute 42.09, animal cruelty is defined as "the person intentionally or knowingly fails unreasonably to provide necessary food, care or shelter...abandons unreasonably an animal...transports or confines an animal in a cruel manner...kills, seriously injures, or administers poison to an animal without legal authority.

The statute defines "cruel manner" as that which causes or permits unjustified or unwarranted pain or suffering to the animal.

http://www.kxan.com/global/story.asp?s=7036115

Parents Could Face Charges After Son Is Mauled to Death By Family Pit Bull

david@davidtoddlaw.com (News Author)3337 — Sat, 01 Sep 2007 08:00:00 EST

For the Warren family of Dallas, the last day of August, 2007 will live first and foremost in their minds. On that day, their 6-year-old child was fatally attacked by the family pit bull. Now, the parents could face criminal charges, reports NBC affiliate KXAN-TV in Austin.

Attack Came One Day Before New Dog Attack Law Hits Books

The attack came one day before a new state law takes effect in which dog owners whose pets attack and seriously injure someone could face up to 10 years in prison. In the case of fatal attacks, the law, known as "Lillian's Law," carries a sentence of up to 20 years. The new legislation evolved from the 2005 fatal mauling of 76-year-old Lillian Stiles by six pit bull-Rottweiler mixes in Central Texas. A pit bull was also responsible for killing a 10-year-old girl in San Antonio earlier this year.

The dog attacked while six-year-old Scott Warren was at home with his 13-year-old sibling when the dog attacked. Police would not say whether the parents will be charged. Animal control officers removed the dog from the home. Typically, dogs are euthanized after fatal attacks.

CBS11TV.com quoted Dallas Police Sgt. Gil Cerda as saying "When the mother came inside the house, she saw the dog attacking the 6-year-old and tried to restrain the dog. By that time, a lot of damage had been done." The boy died en route to Baylor University Medical Center in Dallas.

Neighbors Previously Had Seen Mother Beating Dog With A Shovel

The Warrens said their 1-year-old dog had no history of violent behavior. But the Dallas Morning News reported neighbor Rudy Lopez saw the mother beating one of their dogs with a shovel after it had gotten into a fight with another dog. Another neighbor, Anthony Mack, said he didn't understand why a child would be left inside with one of the animals.

The pit bull's lineage is traced to bulldogs and terriers from England, where they were used as guard dogs and trained to fight. According to the online encyclopedia, Wikipedia, the improper socialization and lack of training of a pit bull can result in a aggressive tendencies.

A Centers for Disease Control (CDC) study from 1979-98 revealed one third of all fatal dog attacks were committed by pit bulls.

http://www.kxan.com/Global/story.asp?S=7014327

Woman Seriously Injured in Pit Bull Attack

david@davidtoddlaw.com (News Author)3277 — Tue, 28 Aug 2007 08:00:00 EST

Alcohol a Factor in East Austin Fatal Accident

david@davidtoddlaw.com (News Author)3199 — Sun, 12 Aug 2007 08:00:00 EST

Austin Police detectives say 23-year-old Alfonso Hernandez Vizcallla will face charges of intoxication manslaughter and failing to stop and render aid in a fatal accident at Manor Road and Pecan Springs Road in East Austin August 11.

Traffic Fatality is Austin's 40th in 2007

According to Austin CBS affiliate KEYE, police said Vizcalla's Dodge pickup ran a stop sign and hit the driver's side of a passing car. The woman driving the Chevrolet Cavalier was taken to Brackenridge Hospital, where she died. It was the 40th traffic fatality in Austin this year.

Vizcalla and three passengers in the truck fled on foot before police later located the driver.

"It's very nice to quickly apprehend the person who left the scene of the collision," Austin Police Corporal Derek Israel said. "We have a lot of 'leaving-the-scene' collisions in Austin, including ones that are fatal. When we're able to apprehend someone quickly, it's a very good day."

Witnesses to the accident should call the Austin Police Department at (512) 974-8212.

http://keyetv.com/topstories/local_story_224141248.html

Big Rig Carrying Blasting Caps Crashes, Shuts Down Highway 183

david@davidtoddlaw.com (News Author)3180 — Tue, 07 Aug 2007 08:00:00 EST

Landscape Worker Killed When Drill Bit Contacts Electrical Line in Round Rock Residence

david@davidtoddlaw.com (News Author)3147 — Wed, 01 Aug 2007 08:00:00 EST

An employee of Ace Landscapes, Inc. was killed July 31 when he drilled into a garage wall and hit an electrical line. The accident occurred in the Teravista subdivision of Round Rock.

Electrocution Possible Cause of Death

Alberto Vargas, 29, of Round Rock was installing a timer for a sprinkler system when he was possibly electrocuted. Ace Landscapes is in Hutto and has a 3.5 star rating out of a possible 5.0, which is "average" on the CitySearch web site.

"We're uneasy about saying he died from electrocution," said Detective John Foster, spokesman for Williamson County. "But maybe he died from circumstances surrounding the electrical current."

Becky Lewis lives across the street and saw the aftermath. "I came out and saw sheets over the garage with the garage door open," she said. "A man's feet were protruding out from under the sheet."

Another neighbor, Carina Rodriguez watched paramedics treat Vargas. "It's so sad," she said. "This gentleman is doing an honest day's work and it's sad to know this is how it ended for him."

OSHA to Investigate Accident

Cause of death will be determined by autopsy. Vargas left behind a fiancée and a brother who rushed to the scene. An investigator from the Occupational Safety and Health Administration took photographs and gathered information. OSHA plans to contact Ace Landscapes, Inc.

http://www.kxan.com/Global/story.asp?S=6868429

Yet Another Amusement Park Death

david@davidtoddlaw.com (News Author)3055 — Mon, 23 Jul 2007 08:00:00 EST

Grandmother Sentenced to 25 Years for Killing Grandson While He Slept

david@davidtoddlaw.com (News Author)3043 — Fri, 20 Jul 2007 08:00:00 EST

A year after killing her 18-year-old grandson, a 62-year-old woman was sentenced to 25 years under a plea agreement in Montague, Texas, according to the Associated Press. Jamie Larue Holmes pled guilty to murder and arson after setting her mobile home on fire moments after killing her grandson, Brock Holmes. Upset the previous night about his not seeking a job, she shot him in the back of the head the next morning while he slept in the trailer in Nocona, northwest of Dallas in June of 2006.

Convicted Murderer Could Be Free in 13 Years

Firefighters found the body of the teenager inside the burning trailer. Later, police found the grandmother hiding in the woods. She will be eligible for parole in 13 years. Montague County District Attorney Jack McGaughey said the grandmother had planned to shoot herself but ran out of bullets.

Investigators determined no motive but McGaughey said Holmes indicated a conflict with her grandson she did not want discussed during a trial. "It seemed to be very important to her that her grandson's conduct toward her not be an issue brought out in court," the prosecutor said.

http://www.kwtx.com/home/headlines/8608522.html

Most Trucks & SUVs Perform Poorly in Whiplash Tests

david@davidtoddlaw.com (News Author)2991 — Fri, 06 Jul 2007 08:00:00 EST

Two-thirds of pickups, vans and sport-utility vehicles don't provide acceptable protection against whiplash in rear-end collisions, according to tests by the Insurance Institute for Highway Safety (IIHS). Some 54 models were rated "marginal" or "poor" by the Institute in tests that involved measurements of seats and head restraints and, in some cases, simulated rear-end collisions.

"Good Samaritan" Beaten to Death By Mob in Austin

david@davidtoddlaw.com (News Author)2888 — Thu, 21 Jun 2007 08:00:00 EST

A "Good Samaritan" was beaten to death June 19 while trying to defend a friend from a mob attack in an East Austin housing project. The beating occurred as celebrants were leaving the Juneteenth Festival in nearby Rosewood Park. The slaying was Austin's 11th homicide this year.

David Rivas Morales died in a parking lot of Booker T. Washington Apartments on the 900 block of Thompson Street, adjacent to the park. Moments earlier, police said the vehicle driven by Morales's friend had struck an African American boy near the entrance to the apartment complex. The Associated Press identified the child as 2-year-old Michael Hosea, Jr., who was hospitalized with non-life threatening injuries.

Helping A Friend Led to Beating Death

"There could have been anywhere from two to 20 attackers," Austin Police Commander Harold Piatt said of the incident. At the time of the attack, nearly 3,000 people were dispersing the festival, commemorating African American independence in Texas.

When the driver left his car to check on the fallen child, he was confronted by as many as 20 people, Piatt said. When Morales left the vehicle to protect his friend, he was assaulted and beaten. Police said no guns or knives were used. A preliminary autopsy showed Morales died from blunt-force trauma. Police are not releasing the name of the friend, who was not injured. Thus far, police have made no arrests. Witnesses to the beating said one attacker drove away in a maroon or red, four-door Buick 'Roadmaster' or Cadillac sedan. Anyone with information is asked to call the police homicide tip line at 512.477.3588.

Mother Allows Removal of Life Support

The sister of the victim, Margaret Morales, rushed to the scene from her nearby residence and found her brother lying on the asphalt, choking on his own blood. Police arrived one minute after receiving a 911 call, although the Morales family complained medical help was slow to arrive. Morales was taken to Brackenridge Hospital 35 minutes after the 911 call was received, said Warren Hassinger, Austin-Travis County Emergency Services spokesman.

At the hospital, the victim's mother, Mary Helen Morales, said her son's face was swollen and his eyes were purple. John Morales, the victim's brother, said doctors told him and his family they couldn't control bleeding in the victim's brain and his heart kept stopping. The Houston Chronicle reported the mother authorized removal of life support after a medical team said her son would not survive.

Margaret Morales said her brother was on his way home from his job as a painter. The driver, whom she knew only as Victor, drove him to and from work every day, she said. Neighbor Earl White said Morales enjoyed sitting on the porch and watching the neighborhood children play in the parking lot.

Another sister, Elizabeth Morales said, "I just want the people caught and brought to justice. I want them to feel the same pain they caused my brother."

Girl Losses Legs on Six Flags Ride in Kentucky

david@davidtoddlaw.com (News Author)2898 — Thu, 21 Jun 2007 08:00:00 EST

A girl riding the Superman Tower of Power lost both of her feet at the ankle Thursday when a cable severed her legs.

Man Has Wrong Testicle Removed in VA Hospital

david@davidtoddlaw.com (News Author)2804 — Wed, 06 Jun 2007 08:00:00 EST

Benjamin Houghton, 47, was to have had his left testicle removed June 14 at the West Los Angeles VA Medical Center because there was a chance it could harbor cancer cells. But doctors mistakenly removed the right testicle, according to medical records and the claim, which seeks $200,000 for future care and unspecified damages.

Woman Suffers "Internal Decapitation" in Car Crash

david@davidtoddlaw.com (News Author)2696 — Sun, 20 May 2007 08:00:00 EST

Shannon Malloy, 30, of Denver, was in a car accident last week that separated her head from her spine, but not her body. Doctors are calling the condition an "internal decapitation." The condition has not paralyzed Malloy, but she now has trouble swallowing. Surgeons were able to stablize her head with a halo, but are unsure how long she will survive.

Proposed Bill Increases Penalty For Dog Bites

david@davidtoddlaw.com (News Author)2627 — Mon, 07 May 2007 08:00:00 EST

State Farm Agrees to Review Thousands of Denied Katrina Claims

david@davidtoddlaw.com (News Author)2389 — Mon, 19 Mar 2007 08:00:00 EST

JACKSON, Miss. - State Farm Fire & Casualty Co. will re-examine more than 35,000 policyholder claims filed after Hurricane Katrina and "make millions of dollars available" for additional payments, Mississippi Insurance Commissioner George Dale said Monday.

Interesting Article about Texas Truck Accidents

david@davidtoddlaw.com (News Author)2374 — Tue, 13 Mar 2007 08:00:00 EST

Here's an interesting article about Texas Trucking Accidents.

Bush uses tired rhetoric regarding medical "tort reform"

david@davidtoddlaw.com (News Author)2216 — Thu, 15 Feb 2007 08:00:00 EST

AAJ Urges NHTSA to Withdraw Rules that Would Compromise Auto Buyer Safety

david@davidtoddlaw.com (News Author)2217 — Thu, 15 Feb 2007 08:00:00 EST

Report Shows Record Insurance Industry Profits

david@davidtoddlaw.com (News Author)2171 — Thu, 08 Feb 2007 08:00:00 EST

Check out this report showing record insurer profits, even in the midst of "tort reform" hysteria.

Oklahoma Man Settles Suit Over Wrongful Imprisonment

david@davidtoddlaw.com (News Author)2094 — Thu, 25 Jan 2007 08:00:00 EST

OKLAHOMA CITY-A man who spent 15 years in prison for a rape he did not commit has settled with the city for $4 million over botched testimony by a police chemist.

Strokes often missed with traditional scans, study says

david@davidtoddlaw.com (News Author)2095 — Thu, 25 Jan 2007 08:00:00 EST

The test most commonly used to diagnose strokes in emergency rooms catches only about one out of every four cases - far fewer than a rival imaging technique, new research suggests.

MySpace was sued for failing to protect young users from online predators

david@davidtoddlaw.com (News Author)2053 — Fri, 19 Jan 2007 08:00:00 EST

NEW YORK — Four families have sued News Corp. and its MySpace social-networking site after their underage daughters were sexually abused by adults they met on the site, lawyers for the families said Thursday.

The Medical Malpractice Hoax

david@davidtoddlaw.com (News Author)2054 — Fri, 19 Jan 2007 08:00:00 EST

A report by the watchdog group Public Citizen explains why the insurance industry's claims of a medical malpractice "explosion" (usually used to demand tort reform) is a hoax.