Lawsuit filed by widow of Texas man killed when yacht capsized is settled

The widow of a Texas man killed when a racing yacht capsized has settled a lawsuit with the manufacturer of the boat.

On June 6, 2008, during a race from Galveston, Texas, to Vera Cruz, Mexico, Texas A&M University safety officer Roger Stone was killed when a 38-foot racing yacht lost its keel and capsized.

The boat in question – named the Cynthia Woods – was manufactured by Cape Fear Yacht Works, owned by Kent Mitchell. The lawsuit was filed by Stone’s widow, Linda Stone, against Cape Fear Yacht Works, as well as a company that repaired the racing yacht and the boat’s designer, Bruce Marek.

Stone was the crew’s second safety officer. He pushed two student sailors to safety after the boat capsized and tossed four members of the Texas A&M University at Galveston Offshore Sailing Team, as well as one other safety officer, into the Gulf. The individuals drifted for 26 hours. Stone was trapped below deck and died.

According to an investigation conducted by the U.S. Coast Guard, the boat sank because it was improperly repaired after it had been run aground on at least five occasions.  By contrast, an investigation into the accident by the Texas A&M University System concluded that the inadequate design and construction of the boat was the cause of the capsizing.

According to court documents, under the terms of the agreement, Cape Fear Yachts will pay Linda Stone and her two children $375,000 within the next three years. The documents state that this money will be used to help pay for the children’s college costs.

For more on Stone’s settlement with the yacht manufacturer over this Texas wrongful death, click here to read the full article.

Texas family files wrongful death lawsuit against bar that allegedly served drunk driver

The family of a Texas woman killed by a drunk driver has filed a wrongful death lawsuit against the bar that served the suspect shortly before the car accident.

John and Melinda Red, the parents of 18-year-old accident victim Michelle Red, have filed a Texas wrongful death lawsuit against Pompeii, which is the bar where suspected drunk driver Lakedra Franklin allegedly became intoxicated before getting into a car accident last February.

Although Franklin is facing charges of intoxicated vehicular manslaughter, it’s the bar that Red’s parents are holding accountable under Texas dram shop law, a law which makes it possible under some circumstances to sue the establishment which served alcohol to an intoxicated person who later caused an injury.

Franklin’s court date is in April.

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

Settlement reached in wrongful death lawsuit against Texas city

The family of a cyclist killed in an accident with two fire trucks has reached a settlement with the city of Houston, Texas. Their wrongful death claim against the city is set to be settled for $225,000.

Leigh Boone died two weeks after she was injured in an accident involving two fire trucks in March of 2009. The trucks collided at an intersection as they were speeding to what turned out to be a false alarm. One truck was speeding, and the other ran a red light.

Boone was standing on the corner with her bicycle when a ladder truck rolled onto her as a result of the collision.

Boone’s family filed a wrongful death lawsuit against the city of Houston in hopes of changing the way that the city’s fire stations compete for calls.

In the past, says an attorney for the family, there has been an unwritten competition amongst fire stations to be the first to the scene. Boone’s family wants to see that mentality changed to prevent future tragedies.

Under Texas law, the maximum amount of compensation anyone can get from a municipality for a wrongful death is $250,000.

We blogged about the Texas Tort Claims Act back in November. Essentially the law limits amount of money a person can be awarded when suing a governmental unit in Texas. It also limits the circumstances under which a governmental entity can be held liable for a tortious act.

If you or someone you love has been injured as the result of a negligent act by a government employee, it is critical that you seek the advice of an experienced Texas personal injury lawyer who understands the complicated laws that affect your ability to bring a lawsuit against the Texas government.

For more on the settlement, see this piece by the Houston Chronicle and this blog post on the Houston Press website.

What if the plaintiff dies before they bring their personal injury lawsuit?

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.

Common causes of wrongful death

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.