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

A recent graduate of the Keller school district died yesterday in a motorcycle accident in north Fort Worth.  Authorities say that Austen Ussery, 18, died very early Tuesday morning as a result of blunt force trauma he sustained in the motorcycle wreck.  Ussery was ejected from his motorcycle, which he was riding in the 3500 block of Keller Hicks Road near the intersection of Alta Vista Road.  Authorities are continuing to investigate the cause of this tragic accident. 

Fears | Nachawati represents the victims and families of people injured or killed on Texas roadways.  If you've suffered a tragedy, call us today at 1.866.705.7584 to find out how we can help you. 

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A woman was killed after being hit by a T bus in Fort Worth.  The bus was turning south on Houston Street from westbound Sixth Street when it struck pedestrian Judith Vanzant Peterson.  Peterson was in a crosswalk when she was hit.  She was pronounced dead at the scene.  The driver of the bus was visibly shaken and was taken to an area hospital for treatment.  Authorities continue to investigate this tragic incident.

If you have been struck by a car, bus, truck or other vehicle, the attorneys of Fears | Nachawati are here to help you get justice.  Call us for a consultation today at 1.866.705.7584.

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As we reported in a recent blog post, the Dallas City Council was set to decide whether to agree to a settlement in the wrongful death lawsuit brought by the family of car accident victim Annie Reyes.

On Wednesday, the Dallas City Council agreed to a lawsuit settlement in the amount of $245,000. This Texas wrongful death lawsuit has been ongoing for approximately two years.

Reyes was killed when a car thief crashed into her vehicle while attempting to flee in a “bait car” being used as part of a police sting operation.

Michael Reyes, the grandson of victim Annie Reyes, hopes that the changes to the bait car program, which were put into place after Reyes’ death, will save lives in the future.

“It’s bad that my grandma had to be killed to show a better system needs to take place,” Reyes was quoted as saying to CBS 11.

For more on this wrongful death lawsuit settlement, click here to access the full article.

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A wrongful death lawsuit has been filed by the family of a Texas woman whose vehicle was struck by a police bait car.

Members of the Dallas city council have been briefed on the family’s Texas wrongful death lawsuit. The council will vote on Wednesday on whether to authorize a proposed settlement of $245,000.

The wrongful death lawsuit has been filed by the family of Anna Reyes. Reyes’ car was hit by a police bait car being driven by Eddie Ramirez.

Police allegedly chased Ramirez, who had jumped into the car set up by police officers to catch car thieves. Police lost sight of Ramirez and attempted to remotely disable the vehicle.

The police, however, were too late. Ramirez slammed into Reyes at 75 mph, killing her.

Since the fatal car accident took place, a new system has been put into effect that enables officers to disable the bait vehicle more quickly. After the new system was put in place, the bait car program, which has been temporarily suspended following the car accident, was reinstated by a unanimous vote of the city’s public safety committee.

To read more on this Texas wrongful death lawsuit, click here to access the complete article.

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The family of a Dallas, Texas, motorcycle officer has filed a lawsuit against Hillary Clinton over the officer’s death two years ago while escorting Clinton through the city. The city of Dallas has also been named as a defendant.

According to the lawsuit, the victim, Senior Cpl. Victor Lozada, was not properly trained and the road on which he was riding his motorcycle was not adequately maintained. The lawsuit further alleges that Clinton did not give the city adequate time to prepare for the motorcade.

Additionally, the lawsuit, which was filed in Texas state court on Monday, places blame on the city’s 911 system for a 12-minute delay in dispatching an ambulance to the scene of the accident.

Also named as defendants are Clinton’s presidential campaign and the company that manufactured Lozada’s motorcycle helmet.

In her lawsuit, Lozada’s widow is seeking damages for wrongful death, gross negligence, breach of warranty and product liability.

The accident occurred during Clinton’s bid for the Democratic presidential nomination. On the morning of February 22, 2008, Lozada, along with approximately 30 other motorcycle officers, were controlling traffic at various intersections as Clinton’s motorcade travelled through Dallas.

Lozada lost control of his bike when coming around a curve while performing a “leapfrog” maneuver in an attempt to pass the motorcade. Lozada’s bike ran up onto the sidewalk and he crashed head-on into a concrete outcropping.

The force of the impact caused Lozada to catapult dozens of feet forward, and his helmet was knocked off in the process.

To read more about Lozada’s lawsuit against the city of Dallas and Clinton, click here for the full article.

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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.

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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.

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A wrongful death lawsuit has been filed against a Texas bar that allegedly served alcohol to an already intoxicated teenager.

The suit is being brought by Wayne and Theresa Chapman, the parents of Michael Chapman who was killed in a car accident caused by 19-year-old Bo Pillsbury.

According to the lawsuit, before the accident occurred, Pillsbury has been drinking in a bar called Dixie Dance Hall. The lawsuit alleges that Dixie Host Ltd., the corporate owner of the bar, continued to serve alcoholic beverages to an “obviously intoxicated” Pillsbury.

Pillsbury, the lawsuit further alleges, was then allowed to leave the premises and drive away. Pillsbury later lost control of his car, striking the vehicle in which Michael Chapman was a passenger.

To read more about the lawsuit, see this article in the Beaumont Enterprise.

This wrongful death lawsuit involves the Texas Dram Shop Act, which makes it possible to sue a person who served alcoholic beverages to an intoxicated individual if that individual later injures someone as a result of their intoxication.

For more information on the Texas Dram Shop Act, including the requirements for a successful claim, see our blog post entitled "I was hit by a drunk driver. Can I sue the person who served them alcohol?"

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The family of a Texas couple killed in a bicycle accident has filed a wrongful death lawsuit against the driver of the motor vehicle involved in the fatal collision.

The Texas wrongful death lawsuit is being brought by the fathers of the two victims, Gary Bruehler and Forrest Telleson, on behalf of the couple’s daughter, 7-year-old Kylie.

Named as a defendant is 40-year-old Gilbert John Sullaway Jr. Sullaway was driving a Ford pickup truck when he struck the victims, who were riding along the highway on a tandem bicycle. Sullaway overcorrected, veering off of Texas 16 and striking Gregory and Alexandra Bruehler.

A second defendant is named in the Texas wrongful death lawsuits – Advanced Detection Security Services Inc. Sullaway is listed as vice president of this security company and was on duty at the time that he was involved in the accident. 

No criminal charges have been filed against Sullaway, and he was not cited with any traffic violations. Sullaway was driving five miles over the speed limit at the time of the accident, and there is no evidence that he was intoxicated.

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

If you believe you may have a wrongful death lawsuit, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The mother of a two-year-old girl is suing a Dallas day care center over the choking death of her daughter.

According to the lawsuit, which has been brought by 25-year-old Marcelina Osorio, negligence on the part of Woodbridge Day School is to blame for the toddler’s death in October of 2008.

The toddler, Isabella Estep, choked on a small piece of gravel last year while at the day care center.

According to the lawsuit, which names the former owners of the day care center as defendants, improper supervision by a teacher was the reason why her daughter remained unconscious for up to 10 minutes before she was found. 

In addition, the lawsuit alleges the teacher, Mia Jennings, did not have first-aid training, as required by law. Instead, CPR was administered by one of the center’s owners.

Jennings, who does not have a high school diploma, is also named as a defendant.

The lawsuit further alleges that the day care center was closed and then resold in order to keep the incident off of their state records.

For more on Osorio’s lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm. We provide free legal advice to victims’ families. To speak with one of our Texas wrongful death lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The family of an 18-month-old boy killed in an apartment fire is suing the apartment complex, Whispering Oaks, and its management.

According to the wrongful death lawsuit, the fire alarms never went off when the fire started in the apartment.

In their Texas wrongful death lawsuit, the plaintiffs claim their requests that the fire alarms be fixed were refused. The lawsuit alleges that the failure to repair the fire alarms resulted in the death of toddler James Timothy Kennedy Jr.

For the complete article on this Texas wrongful death lawsuit, click here.

Fears | Nachawati is a Texas wrongful death law firm. If you have lost a loved one due to someone else’s negligence, contact us today to receive free legal assistance. Email us at info@fnlawfirm.com or calling our toll-free number at 1.866.705.7584.

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A Texas wrongful death lawsuit has been field by the wife of a Plainview, Texas, doctor killed by an 18-wheeler. The lawsuit names both the driver of the 18-wheeler, Leonardo Castro-Mora, and the company for which Castro-Mora worked, Sandoval Trucking, as defendants. She is seeking both punitive and emotional damages.

When the accident occurred, the victim, Dr. Bryan Peeler, and his wife were traveling in separate vehicles on Highway 70. The Peelers pulled over on the side of the road so that one of their children could use the bathroom.

Peeler was helping his son when his wife observed the 18-wheeler approaching. She attempted to warn her husband by honking the horn. Peeler managed to push his son out of the way, saving his life, before he himself was struck by the 18-wheeler. He was pronounced dead at the scene of the accident.

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

Fears | Nachawati is a Texas wrongful death law firm. Contact us today to receive free legal advice on your potential wrongful death lawsuit. To receive your no charge consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A wrongful death lawsuit can be the result of medical malpractice, but not all wrongful deaths are due to medical malpractice. Also, not all medical malpractice cases involve a wrongful death. Many victims of medical malpractice who bring lawsuits are seeking damages for an injury.

A wrongful death lawsuit can be based on a car accident, product liability, premises liability, a workplace accident, a construction site accident or even a criminal act. Medical malpractice is simply one basis for a wrongful death lawsuit.

A medical malpractice wrongful death lawsuit requires the plaintiff to prove the same elements of negligence that must be shown in any wrongful death lawsuit.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal assistance from a Texas wrongful death lawyer, call us at 1.866.705.7584 or email us at info@fnlawfirm.com.

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A wrongful death lawsuit has been filed by the mother of a man who was killed by Killeen, Texas, police in March. The suit names the city of Killeen and Killeen police officer James Plank as defendants.

Catherine Marie Galloway is the mother of Jarvis Galloway, the man who was shot by Officer Plank. She has filed the suit on behalf of herself as well as Galloway’s 2-year-old son. The wrongful death and federal civil rights lawsuit has been filed in Waco, Texas.

On March 1^st, Plank was called out to Spur’s Night Club in Killeen, Texas, on account of a fight in the club’s parking lot. According to police, Plank was trying to stop a man named Averweone Darneel Holman from fleeing the scene of the fight.

At the time, Holman was attempting to jump through the passenger side window and into a Chevy Trailblazer being driven by Galloway.

While grabbing Holman’s arm, Plank became stuck in the window of the vehicle. Plank yelled to Galloway to stop, but, according to the Holman’s arrest record, Galloway accelerated. Plank freed one of his arms, shooting Galloway as he (Plank) was thrown from the Trailblazer.

According to the wrongful death lawsuit, however, Galloway was pulling away slowly when Holman jumped into the window. The suit goes on to state that Galloway, upon realizing what was happening, stopped his vehicle, removed his hands from the steering wheel and put them in the air.

The lawsuit alleges that, despite Galloway’s surrender, Plank drew his firearm and shot Galloway at point-blank range. According to the suit, the vehicle began moving only after Galloway was shot, when it then struck a dumpster, parked car and several handrails before ultimately crashing into a building.

As of Friday, the city of Killeen had not yet been served papers regarding the lawsuit.

To read more about Galloway’s wrongful death lawsuit, click here for the complete article.

Fears | Nachawati is a Texas wrongful death law firm representing the families of wrongful death victims. To receive free legal advice from a Texas wrongful death lawyer, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Only certain categories of people are eligible to bring a wrongful death lawsuit. In Texas, the law allows the deceased’s surviving spouse, children and parents to bring a wrongful death lawsuit. That individual can bring the Texas wrongful death lawsuit solely on their own behalf or on behalf of themselves as well as one or more of the eligible individuals outlined above.

Texas wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. Section 71.004, “Benefitting from and bringing action,” is the specific law that outlines who can bring a wrongful death lawsuit in Texas.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death claims and to learn more about your legal rights, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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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.  

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In a Texas wrongful death lawsuit, one type of damages the victim’s family may receive is loss of future earnings. Lost future earnings represent the amount of income the victim would have earned if they had lived.

Loss of future earnings is based on the decedent’s work life expectancy. Work life expectancy is different from a person’s life expectancy. For example, it may be determined that a person would likely have lived to age 75 but would have only worked until age 65.

On the most basic level, loss of future earnings is calculated by multiplying the number of years the victim would have continued to work by the victim’s income at the time of their death.

For instance, suppose the victim died at age 30 and was expected to work until the age of 65. Also, at the time of their death, the victim was making $20,000 a year. Loss of future earnings would be 25 x $20,000, which equals $500,000.

However, the courts typically take this amount of money and reduce it to present value. Present value is the amount of money today that is equal to a future payment. Calculating present value involves using a mathematical table to estimate how much today’s dollar would be worth in the future based on an annual interest rate and the number of years the victim was expected to live.

As you can see, determining loss of future earnings in a Texas wrongful death lawsuit can be quite complicated. To ensure that you receive the compensation you deserve, you need a Texas wrongful death lawyer who understands the often complex mathematical formulas involved with calculating loss of future earnings.

The attorneys of Fears | Nachawati are experienced with Texas wrongful death lawsuits and are dedicated to ensuring that their clients are fully and fairly compensated, not just for loss of earnings but for all damages available in Texas wrongful death lawsuits. To receive free legal advice from one of our Texas wrongful death lawyers, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Two picketers were struck by a car Wednesday morning as they protested outside of a Fort Worth, Texas, Bell Helicopter plant.

The driver was 76-year-old Cullen McNair, a nonunion Bell Helicopter employee. McNair accelerated his vehicle as two picketers were walking between cars, knocking both victims to the ground.

McNair was arrested on charges of aggravated assault with a motor vehicle, a second-degree felony that could land him in prison for up to 20 years.

Approximately 2500 Bell Helicopter manufacturing workers went on strike one month ago at several plants in the Dallas/Fort Worth area. Negotiations resumed for a fourth time on Wednesday.

The victims suffered only minor injuries.

To read more about this Fort Worth car accident,click here for the complete article.

Have you or a loved one been hurt in a car accident? Contact Fears | Nachawati today for a free legal consultation on your potential car accident personal injury claim. Just email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

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A wrongful death lawsuit has been filed by the mother of a Waco man who was killed in a struggle with two security guards. The struggle, which took place in December of 2007, involved Richard Renschler Jr. and Thomas W. Renschler, brothers who own Texas Star Security.

The plaintiff is Sandra Marie Lockhart, of Waco, Texas. Her wrongful death lawsuit is being brought against the security guards over the death of her son, Orlando Gamble.

According to allegations made in the lawsuit, Gamble died as a result of “traumatic asphyxia and blunt-force injures associated with restraint.”

The suit alleges that the restraint and blunt force trauma was perpetrated by the two Renschler brothers, who are referred to in the suit as “John Doe 1” and “John Doe 2.”

Waco police reports describe the incident this way: Gamble drove up to the Parkside Apartments on the night of incident. There he was met by two security guards who asked him what he was doing there. Gamble responded that he was there to see a friend but could not give the security guards a name.

One of the guards claims to have seen drugs in Gamble’s car, at which point he asked Gamble to step out of his vehicle. Gamble exited his vehicle and began to run towards the apartment complex. He was then tackled by the guards. After the brief struggle, the guards report that Gamble “just went limp.”

Gamble later died of his injuries at the hospital.

Defendant Richard Renschler has stated that it is the job of his security company to prevent trespassers from entering the property.

The case was referred to the McLennan County district attorney’s office. No arrests have been made. The matter is still awaiting presentation to a grand jury which will decide if any further criminal action should be taken.

For the rest of the story on Gamble’s Texas wrongful death lawsuit, click here.

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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