Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

A Texas wrongful death lawsuit has been filed against Toyota by the family of a woman killed in a car accident in December. The victim, 56-year-old Sharon Ransom, was riding in a car that plunged into an icy pond in a residential neighborhood.

According to the Texas wrongful death lawsuit, a malfunctioning accelerator in the Toyota Avalon was the cause of the car accident.

The accelerator malfunctioned, the suit alleges, causing the car to speed out of control and ultimately crash through a fence, bounce off a tree and flip into a private pond in Southlake, Texas.

According to accident reports, the car failed to stop at a T-intersection and was estimated to be traveling at a speed of 47 mph when it became airborne and landed in the pond.

According to Linda Hardy, the wife of Monty Hardy, the driver of the Avalon, the couple had taken the vehicle to a Grapevine, Texas, dealership on several occasions with complaints of unwanted acceleration. Hardy says they were told that there was nothing wrong with their vehicle.

The 2005 – 2010 model Avalons are the among the millions of vehicles that have been recalled by Toyota due to gas pedal and floor mat problems that lead to unwanted sudden acceleration.

On December 26, 2009, Ransom was one of four individuals in the Toyota Avalon that crashed into a pond. All three other individuals in the vehicle died as well.

To read more about this latest Texas wrongful death lawsuit against Toyota, click here for the complete article.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A $100 million Texas wrongful death lawsuit has been filed against Toyota after the death of a Clear Lake City couple attributed to a malfunctioning throttle.

According to the wrongful death lawsuit, the couple, Janice and Kenneth Berg, were driving in their 2009 Camry on February 24^th when the throttle malfunctioned and the car suddenly accelerated at a high rate of speed, causing Janice, who was driving the car, to lose control of the vehicle and crash into a utility pole.

This Texas wrongful death lawsuit comes on the heels of Toyota’s recall of approximately 6 million vehicles in the United States – the largest recall in the company’s history.

Both Janice and Kenneth Burg died the same night of injuries sustained in the car accident.

Several defendants have been named in the Texas wrongful death lawsuit, including Toyota Motor Sales U.S.A, Star Toyota, Gulf States Toyota and CTS Corp.

The lawsuit alleges that Toyota made attempts to cover up the defects in its vehicles, first blaming driver inattentiveness and then floor mats.

Click here to read more on this Texas wrongful death lawsuit.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A settlement has been reached in a wrongful death lawsuit that requires a Texas county jail to make changes to its policies.

n Tuesday a settlement was reached between Potter County and a Texas family in the wrongful death lawsuit brought over the death of an inmate. Potter County will pay the family $400,000 and must make specific revisions to its policies relating to mentally and physically ill inmates.

The lawsuit was brought by the family of deceased inmate Michael Dick. In their wrongful death suit, Dick’s parents alleged that Potter County jail staff members ignored signs of Dick’s physical distress, ultimately causing his death.

We detailed the Dick family’s wrongful death lawsuit in a July blog post.

In the settlement, Potter County admitted no wrongdoing, but did agree to make the following modifications to its jail policies:

• All officers must now undergo crisis intervention training for those with mental illnesses.
• Lines of communication between jailers and mental health caretakers and medical workers will be improved.
• Cell checks will now be electronically recorded and verified.

For more on this story, click here for the complete article from the Amarillo Globe-News.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The family of a man who died while in county custody is planning to file a Texas wrongful death lawsuit.

The victim was Jesus Manuel Galindo, an inmate in the Reeves County Detention Center. Galindo died in December 2008 after not receiving medication for his epilepsy and subsequently being placed in an isolation cell.

Galindo’s family has sought legal representation and plans to move forward with a wrongful death lawsuit against the GEO Group, the company that runs the Reeves County Detention Center. Also to be named as a defendant is the Physicians Network Association, the group that provides medical care to the inmates.

According to Miguel Torres, one of the attorneys working on the case, “This is a very significant matter and a real serious wrongful death case.”

To read more about this Texas wrongful death lawsuit, click here for the complete article.

If you have lost a loved one due to someone else’s negligent actions, contact the Texas wrongful death law firm of Fears | Nachawati today. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A wrongful death lawsuit has been filed by the family of a convenience store clerk killed in a robbery. The suit has been filed against the owners of the convenience store.

On January 31, 2008, 40-year-old Abdul H. Meje was fatally wounded during a robbery at a Galveston, Texas, Citgo.

The wrongful death lawsuit comes just six months after the gunman, 35-year-old Robert Lee Stevens, was sentenced to life in prison. Stevens reached a plea agreement with the county’s district attorney’s office that spared him from a capital murder trial and potential death sentence.

In their Texas wrongful death lawsuit, Meje’s relatives accuse ABHI Enterprises of negligence. According to the lawsuit, the company failed to provide adequate security to ensure the safety of Meje. There was, the lawsuit states, a reasonably foreseeable risk of a violent crime occurring on the premises.

The family has requested a jury trial, and damages including pain and suffering, medical expenses, funeral costs, mental anguish, loss of support, care and future inheritance are being sought.

To read more about this Texas wrongful death lawsuit, click here for the complete article.

For free legal advice on wrongful death lawsuits, contact the attorneys of Fears | Nachawati. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A settlement has been reached in a lawsuit over the 2006 wrongful death of 18-year-old University of Texas fraternity hazing victim.

The victim, Tyler Cross, died after falling from the balcony of an off-campus dormitory. A partial settlement in the parents’ wrongful death lawsuit against the fraternity, Sigma Alpha Epsilon, has been reached.

According to allegations made in the Texas wrongful death lawsuit, in the days before Cross’s death he was subjected to hazing rituals that included beatings, forced consumption of alcohol and sleep deprivation.

When Cross was discovered on the sidewalk near University Towers in the early morning hours of November 17, 2006, he had a blood alcohol level of more than twice the legal limit for driving in Texas.

A confidentiality agreement prohibits the release of details of the terms of the wrongful death settlement.

The attorney for Cross’s parents did issue a news release stating that the fraternity will implement a comprehensive educational program to eliminate hazing as part of the settlement agreement.

This agreement is similar to one the UT chapter of the fraternity reached with the university in order to be allowed to keep operating on campus.

Last year, two of the fraternity’s former pledge trainers pleaded no contest in a Travis county court to hazing and furnishing alcohol to minors. The two were sentenced to four days in jail as well as a form of probation that involves two years of deferred adjudication.

The chapter’s former president as well as a fourth member of the fraternity also pleaded no contest to similar charges, receiving one year of deferred adjudication each.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

To receive free legal advice on Texas wrongful death lawsuits, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak with an experienced Texas wrongful death lawyer.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The daughter of a nursing home resident who died after fracturing her hip is suing the home for wrongful death.

In September of 2008, Cindy Zerko, a resident at a Regency Nursing and Rehabilitation Center, fell out of her wheelchair, fracturing her hip. The fall took place when the residents where being evacuated because of Hurricane Ike.

Cindy Zerko’s daughter, Sharon Zerko, is now suing the Regency Nursing and Rehabilitation Center. In her Texas wrongful death lawsuit, Zerko alleges that the center was negligent in failing to “initiate an effective fall prevention program.” She further alleges that the center ignored her mother’s needs.

Cindy Zerko was treated at St. David’s Hospital in Austin, Texas, according to court papers. Her medical records indicate that she was doing poorly after the surgery. She was pronounced dead on September 29, 2008.

Click here to read more about Zerko’s Texas wrongful death lawsuit.

If you have lost a loved one due to someone’s negligent actions, contact the wrongful death lawyers of Fears | Nachawati today. You will receive free legal advice from a Texas wrongful death attorney. Simply email us or call us on our toll free number at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If a victim of an accident dies before they are able to bring a personal injury lawsuit, it is sometimes possible for the deceased’s estate to continue on with the litigation. Instead of a personal injury lawsuit, however, the estate of the deceased brings an action under the Texas survival statute.

The survival statute is a Texas law that provides a legal course of action for the family of a deceased victim. Under the Texas survival statute, the estate of the deceased victim is able to sue for the injuries the deceased could have sued for if the deceased had survived the accident that caused those injuries.

In a successful lawsuit brought under the Texas survival statute, the estate of the deceased is able to recover all the damages to which the victim would have been entitled. This includes pain and suffering and lost wages.

Note that the survival statute is separate and distinct from the Texas wrongful death statute. In a wrongful death lawsuit, the deceased’s family is suing for their own injuries, rather than injuries suffered by the victim.

If you have lost a loved one in an accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death and survival statute attorneys, simply email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The parents of a Prairie View A&M University student are suing the fraternity whose hazing ritual allegedly caused their son’s death.

According to the wrongful death lawsuit, 20-year-old Donnie Wade Jr, died as the result of a hazing ritual orchestrated by the fraternity Phi Beta Sigma. The hazing took place over a three week period beginning in September and lasting until October 20^th, the date of Wade’s death.

In addition to the fraternity, the wrongful-death lawsuit also names Prairie View A&M as a defendant.

Wade collapsed during an early morning workout on a track at nearby Hempstead High School. Wade apparently fainted after exercises that included running laps, doing push-ups and climbing the bleachers, among other rigorous exercises. He later died.

No one call 911 after Wade collapsed. A bystander offered to help and was turned away by the fraternity’s dean of pledging. Wade was required to continue working out.

According to the lawsuit, the workout was one part of a series of hazing rituals to which Wade was subjected. Other aspects of the hazing included beatings with paddles, doing chores and paying for fraternity members’ food, as well as a strict bread and water diet.

Wade’s parents are seeking nearly $100 million in damages in their Texas wrongful death lawsuit.

Both the police and the university are continuing to investigate Wade’s deaths.

In response to the incident, the university has suspended all pledging and membership activities of all campus organizations.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

If you have lost a loved one due to someone’s wrongful actions, contact Fears | Nachawati today for free legal advice. To speak with one of our wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Wrongful death is defined as a death caused by the negligent, reckless or criminal behavior of another person. In these circumstances, it is often possible for the family members of the deceased victim to bring a wrongful death lawsuit.

There are a number of different events that can lead to a wrongful death. Common causes of wrongful death include:

• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• 18-wheeler accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Falls

If you have lost a loved one due to the negligence of a third party, contact Fears | Nachawati today to speak with a Texas wrongful death lawyer. You will receive free legal assistance and advice. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The parents of a Texas student killed in a fraternity hazing ritual have filed a wrongful death lawsuit. The suit, filed by Scott and Julia Starkey of Austin, Texas, names several defendants, including the Illinois-based fraternity Sigma Alpha Episoln, the fraternity’s local chapter and nine of its members.

The victim was 18-year-old Carson Starkey, a freshman at California Polytechnic University. Starkey, a graduate of Austin High School, died in December after consuming large amounts of alcohol during a pledging ritual.

Starkey, along with the other pledges, was given a brown bag containing an alcoholic beverage and was given 90 minutes to finish what was inside. The ritual is known as “Brown Bag Night.”

At the time of his death, Starkey’s blood alcohol level was between 0.39 and 0.44 percent. According to police reports and the lawsuit, it is an amount equivalent to surgical anesthesia and is five times over the legal driving limit in Texas.

In the wrongful death lawsuit, Starkey’s parents are seeking an unspecified amount of damages as well as an injunction that would prohibit the fraternity from engaging in future hazing rituals.

Four of the nine members named in the wrongful death lawsuit were criminally charged by the San Luis Obispo County district attorney’s office in May in connection with Starkey’s death.

The California Polytechnic chapter of Sigma Alpha Epsilon has been suspended indefinitely.

To read more about this wrongful death lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm representing families who have lost loved ones due to negligent or intentional acts of an individual or organization.  We provide free legal advice on Texas wrongful death lawsuits.  For your free consultation, simple email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A driver traveling at a high rate of speed was killed after rear-ending an 18-wheeler. The accident took place in Arlington, Texas, early Sunday morning.

The deceased victim, 41-year-old Bradley Larson, was driving a Honda Accord eastbound on Interstate 30 at speeds up to 100 mph. He then rear-ended an 18-wheeler and struck an Interstate median.

Larson died on the scene, but the 18-wheeler driver was unhurt.

Because alcohol was found in the Honda, police believe intoxication may have been a contributing factor.

Police are currently seeking information on a second vehicle that was possibly involved in the accident. Witnesses describe seeing a “small blue car” traveling at high speeds near the Honda shortly before the accident occurred.

Anyone with information about the second car is asked to call Arlington police at 817-459-5635.

Click here to read more about this Texas 18-wheeler car accident.

Fears | Nachawati is a Texas personal injury law firm representing victims of car accidents in seeking compensation for their injuries.  Fears | Nachawati will provide you with a free consultation about your Texas personal injury claim. Simply email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link