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

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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A Texas wrongful death lawsuit has been filed by the parents of a six-year-old Gilmer, Texas, boy who was killed in a car accident in January. The suit has been filed in Upshur County’s 115^th District Court.

The victim was Nathan Connor Croley, and the Texas wrongful death lawsuit is being filed by his parents, Jerry and Melody Croley. Defendants named in the wrongful death lawsuit are Talley Rents (RentFirst) and the company’s employee Judson William Maurer of Longview, Texas.

On January 29^th, Jerry Croley was traveling south on U.S. 271 with his son and another child. Maurer was also driving south on the highway behind Croley. Maurer was traveling in a Talley Rents GMC truck. At some point, Maurer’s truck struck Croley’s vehicle. All three individuals in Croley’s car were injured. Nathan Croley later died from his injuries.

In their wrongful death lawsuit, the Croleys allege that Maurer is responsible for the accident because he failed to keep a proper lookout, failed to maintain a clear distance between his truck and Croley’s vehicle, failed to timely apply his brakes, failed to control the speed of his truck and generally did not act in a reasonable manner when operating his vehicle.

An unspecified amount of money is being sought by the Croleys for mental anguish and medical expenses, among other damages.

For more on this Texas wrongful death lawsuit, click here to read the full 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 Dallas attorney has filed a wrongful death lawsuit against Toyota on behalf of a Texas family. The lawsuit alleges that the deceased victim was driving a 2007 Lexus when the vehicle suddenly accelerated and crashed into a pickup truck. Toyota manufactures Lexus vehicles.

The plaintiffs in the lawsuit, who have filed both individually and as representatives of the estate of victim George E. Fitts, includes William, Todd, Bill C., Phyllis, Frieda and Marry Fitts. The suit was filed on February 15^th against the Toyota Motor Corporation in the Marshall Division of the Eastern District of Texas.

According to the lawsuit, on November 6, 2009, George Fitts and his family were driving in his 2007 Lexus on the way to a University of Texas Longhorns football game. Fitts was traveling southbound on U.S. 79 when he crashed into a truck that was stopped and waiting to turn.

George Fitts, 72, suffered fatal injuries in the car accident. Two of his passengers, Billy C. and William Fitts, were seriously injured.

While the trooper who investigated the accident attributed the accident to Fitts’ apparent failure to see the stopped pickup truck, the victim’s family is claiming that the Lexus suddenly accelerated and could not be stopped.

In the lawsuit, Fitts’ family alleges that the Lexus is defective and unreasonably dangerous due to its tendency for sudden unwanted acceleration.

Toyota has not issued a recall on any Lexus for problems related to sticking gas pedals, though recalls have been made for other Toyota models for this issue.

A number of causes of action have been filed against Toyota in this lawsuit, including negligence, breach of warranty, design, manufacture and marketing defects and misrepresentation of reliability, safety and quality.

Damages sought by the plaintiffs in this wrongful death lawsuit include compensation for physical and emotional pain, emotional distress, mental anguish, medical expenses and burial costs. Other damages being sought include disfigurement, emotional distress, physical impairment, reduced capacity to enjoy life, interference with daily activities and lost wages.

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

If you have lost a loved one due to a malfunctioning vehicle, contact a personal injury attorney as soon as possible. The Texas personal injury attorneys of Fears | Nachawati provide free legal advice to the family members of victims killed in car accidents.

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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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No. Whether or not you can bring a wrongful death lawsuit depends on your relationship to the victim. Each state has its own laws that outlines the categories of people who can bring a wrongful death lawsuit. In Texas, the law limits the people who can bring a wrongful death lawsuit to the deceased’s surviving spouse, children and parents.

If you have lost a loved one in an accident, contact a Texas wrongful death lawyer to learn more about your legal rights.

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The family of a car accident victim has filed a multi-million dollar wrongful death lawsuit against the estate of Houston, Texas, attorney John O’Quinn. The victim, Johnny Lee Cutliff, was an employee of O’Quinn. Cutliff was killed in the accident along with O’Quinn.

The deadly accident took place on October 29^th of this year. O’Quinn was traveling at a speed of 76 to 79 miles per hour when he slammed his SUV into a tree. O’Quinn was going almost double the street’s speed limit of 40 mph.

Neither Cutliff nor O’Quinn was wearing a seatbelt at the time of the accident. Both men were killed instantly as a result of multiple blunt force injuries.

Cutliff’s family has filed a Texas wrongful death lawsuit against O’Quinn’s estate, seeking a total of $7 million dollars in damages.

The plaintiffs, which includes Cutliff’s four brothers and his grandson, are asking for $6 million for pain and suffering and the loss of approximately 20 years of Cutliff’s life.

They are seeking an additional $1 million in punitive damages from both O’Quinn’s estate as well as his corporation, Classy Classic Cars.

According to the lawsuit, O’Quinn was grossly negligent and acting with conscious indifference and disregard for Cutliff’s health.

Cutliff, 56, had worked for O’Quinn for around 30 years, usually as a driver.

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

For free legal advice from the Texas wrongful death lawyers of Fears | Nachawati, contact us today. Simply email us or phone us toll free at 1.866.705.7584.

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In Texas it is possible to bring a wrongful death lawsuit after the death of an unborn child. The state’s wrongful death act was specifically amended in 2003 to include unborn children as “individuals” within the meaning of the statue. 

For purposes of a Texas wrongful death lawsuit, an unborn child is considered an individual at every stage of development, from fertilization to birth. However, the plaintiffs in a Texas wrongful death lawsuit must show that the mother was pregnant at the time of the individual’s deaths.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death lawsuits, 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 a deceased Dallas county inmate has announced plans to file a lawsuit against the sheriff’s department.

The deceased inmate, Bernardo Mario Pena, suffered a fatal injury in an apparent fight with another inmate. Pena died in the Parkland Memorial Hospital on October 18^th. 

Pena’s family says the sheriff’s department was negligent and failed to provide safety for their inmates. According to Pena’s family, they were not immediately notified of Pena’s injury or the fight that led to the fatal injury.

Pena, 44, was incarcerated at Lew Sterrett jail on a parole violation. He became involved in an altercation with another inmate on October 17^th. Pena was taken to the hospital after he apparently suffered a seizure.

His death has been ruled a homicide due to trauma to the head by the Dallas County Medical Examiners Office.

Click here for the full article.

If you have lost a loved one due to someone else’s negligence, contact Fears | Nachawati today. To receive free legal advice from a Texas wrongful death lawyer, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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In Texas, you can file a wrongful death lawsuit, no matter the age of the victim. Texas wrongful death lawsuits can be brought even in cases where the victim was an elderly person.

The wrongful death of an elderly person leaves their family with very real losses – emotional and sometimes financial. The surviving family member, for example, might have relied on the victim's income or pension. Some pensions do not have a survivorship benefit, which means the surviving spouse loses the money they relied on before the victim’s death.

In general, however, financial damages are less in wrongful death lawsuits when the victim was an elderly person. This is because, in most cases, the victim is retired. In addition, the children of an elderly person are usually grown and self-supporting.

Courts do, though, take into consideration the surviving family member’s loss of affection, guidance and companionship.

Even though these cases can be more complicated, the victim’s family members are still entitled to compensation. If you have lost a loved one in an accident, or as the result of someone else’s negligence, contact Fears | Nachawati. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to receive free legal advice from one of our Texas wrongful death lawyers.

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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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The family of an inmate who died at Potter County Detention Center last year filed a lawsuit in federal court in Amarillo this week.

Marvin and Diane Dick, parents of the deceased inmate Michael Dick, allege that their son was denied proper medical care while in custody. The suit named Potter County, members of the medical staff and several jailers as defendants. The family is seeking burial expenses, punitive damages and damages for Dick’s pain and suffering.

Dick was arrested for a violation of his probation in July of 2008. Ten days later, on July 19^th, Dick was found dead in his cell. The suit alleges Dick died from peritonitis, a condition caused by the inflammation of the thin membrane that lines the abdominal wall.

The suit alleges violations of both the American with Disabilities Act and Dick’s 14^th Amendment rights. According to the suit, the jailers and medical staff deliberately ignored the signs of Dick’s illness, left his medical condition untreated and denied Dick his prescription Xanax, used to treat panic and anxiety.

To read more about the lawsuit against Potter County, click here for the complete article.

Fears | Nachawati is a Texas law firm representing victim’s families in wrongful death lawsuits. For a free legal consultation with a Texas wrongful death lawyer, simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

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