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Wednesday, March 13, 2019

Shipping Company Settles Several Wrongful Death Lawsuits Following Tragic Maritime Disaster
Shipping Company Settles Several Wrongful Death Lawsuits Following Tragic Maritime Disaster 150 150 CMZ Law Lufkin/Houston

In October 2015, as hurricane Joaquin bore down on the Gulf Coast states, Puerto Rico-based cargo shipping company Totes Services made the doomed decision to send its El Faro vessel from Jacksonville to San Juan, Puerto Rico – despite high winds and unsafe conditions in the seas. Tragically, 33 seamen lost their lives that fateful day when the ship lost all electric power and eventually succumbed to the depths of the ocean. The incident, deemed by the U.S. Coast Guard and National Transportation Safety Board as one of the worst maritime disasters in recent U.S. history, led to not only a series of investigations by interested public and non-profit agencies, but nearly three dozen wrongful death lawsuits filed by surviving family members.

Surviving loved ones were located across the Southern United States, however many of the claims were handled by Houston-based counsel who, like us, are well-versed in the nuances of wrongful death and maritime litigation. As of April 2017, the last three of the wrongful death lawsuits settled for undisclosed amounts, and the grieving families may finally be able to accept closure in the wake of a likely avoidable tragedy.

When pursuing a claim under Texas wrongful death laws, the surviving family member must essentially prove a claim of negligence – which resulted in the death (as opposed to injury) of the victim. In essence, wrongful death laws are meant to hold defendants accountable for negligence even if the victim is no longer available to initiate the claim. Here, the defendants have not actually admitted to wrongdoing. However, parties are often prompted to settle in light of facts that may not impress a jury, such as sending a vessel on a voyage amidst a violent hurricane. By settling a case, a defendant can avoid a potentially staggering – and unpredictable – jury verdict in exchange for an agreed-upon amount.

Contact an experienced personal injury lawyer today!

If you would like to speak with an experienced wrongful death attorney in Houston, please contact our office today: 877-739-7744.

 

Supreme Court Confirms Appellate Court Medical Malpractice Decision
Supreme Court Confirms Appellate Court Medical Malpractice Decision 150 150 CMZ Law Lufkin/Houston

Recently, the Supreme Court of Texas upheld a decision by the Court of Appeals for the 14th District of Texas regarding a medical malpractice case over the death of a woman, confirming that the evidence of causation was legally sufficient.

The Treatment of Shannon McCoy

Shannon McCoy suffered brain damage and quadriplegia after experiencing pre- and post-delivery complications in September 2004. She was admitted to the Hospital of Texas to give birth to her first child. McCoy’s baby had died in utero from placenta abruption. She ended up developing complications, which ultimately resulted in brain damage, and required around the clock care for the remainder of her life. She passed in 2015. Her widower, Andre McCoy, filed a negligence lawsuit in 2006 against her prenatal physician, Dr. Debra Gunn, as well as her practice, Obstetrical and Gynecological Associates PA and Obstetrical and Gynecological Associates PLLC, claiming that Gunn’s failure to make proper adjustments to the administration of blood and blood products was the cause of her permanent brain damage. Other previous defendants, including Woman’s Hospital and Dr. Mark Jacobs, reached a settlement of $1.2 million. They originally included cardiologist, Dr. James Collins, as he was the one who had treated her with Digoxin after discovering that she had an elevated heart rate. The remaining defendants alleged that McCoy, his family members, the treating nurses, and Cardiologist, contributed to the patient’s brain damage because of negligence.  

The Trial Court Decision

In an 11-1 verdict, the trial court granted McCoy’s no-evidence motion for summary judgment. The jury ruled in favor of McCoy, agreeing with the fact of Gunn’s negligence, and he was awarded $10.6 million in damages for past and future medical expenses. The Court found that OGA and Gunn were both jointly and severally liable.

The Appellate Court Decision

Gunn and OGA appealed the decision, and in December 2015, the appellate court finding that there was not in fact enough evidence to prove the award for damages for future medical expenses, and lowered it from $7.242 million to $7.082 million. Again, Gunn and OGA appealed the decision with the Supreme Court.

The Supreme Court Decision

In May 2017, the OGA filed a petition for review with the Texas Supreme Court. The Supreme Court only affirmed the Appellate Court’s ruling that there was not in fact enough evidence to prove causation. Gunn had claimed that the testimony of McCoy’s liability expert, who stated that the amount of blood loss caused by McCoy’s brain injury was speculative and not supported by evidence. She also claimed that Shannon’s passing caused a windfall for her husband, but the Supreme Court denied this claim.

All in all, the Court held:

The Future Medical Expenses Of Shannon McCoy Was Not Harmful
The Future Medical Expenses Of Shannon McCoy Was Not Harmful 150 150 CMZ Law Lufkin/Houston

There was legally sufficient evidence of causation; The trial court erred in excluding deposition testimony of the Defendant’s’ expert witness in regards to the future medical expenses of Shannon McCoy was not harmful; The use of affidavits demonstrating proof of past medical expenses was proper; The trial court was not legally obligated to instruct the jury on avoidable accident; McCoy’s death did not create a windfall for the Plaintiff, Shannon’s husband.

The Dissent argued that the trial court’s decision to exclude expert testimony concerning future medical expenses was harmful.

Recently, the Supreme Court of Texas upheld a decision by the Court of Appeals for the 14th District of Texas regarding a medical malpractice case over the death of a woman, confirming that the evidence of causation was legally sufficient.

The Treatment of Shannon McCoy

Shannon McCoy suffered brain damage and quadriplegia after experiencing pre- and post-delivery complications in September 2004. She was admitted to the Hospital of Texas to give birth to her first child.

State of Texas Data Reveals Vaccine Exemptions have Quadrupled Over Last Decade
State of Texas Data Reveals Vaccine Exemptions have Quadrupled Over Last Decade 150 150 CMZ Law Lufkin/Houston

One of the longest running medical debates surrounds the use of vaccinations. While some parents have no issue with vaccinating their children, while others are unhappy with the government mandating their children’s medical decisions.

Conscientious Exemptions

More and more, the state of Texas is receiving conscientious exemptions from state-mandated vaccinations. Last year alone, more than one percent of Texas students – both public and private schools – received such exemptions. Last year’s numbers are very telling, as the state saw four times as many exemptions as the 2007 – 2008 school year. According to state data, this rate has increased every single year since then.

A Parent’s Right to Make Medical Decisions  

The biggest argument of parents who have obtained or support the exemptions is that they should be the ones to be making medical decisions for their children. Conservatives have been pushing for more leniencies when it comes exemptions, wishing to make it much easier to obtain forms.

Society’s Right to Maintain Health & Safety

As for those who are strongly for childhood vaccinations, including physicians, the main argument is that they save countless lives. As evidenced by recent spikes in many infectious diseases throughout Texas, public health officials are pointing the finger at conscientious exemptions, arguing that they put all children at risk – including those who cannot be vaccinated due to other medical reasons. Thus, this has the power to weaken the immunity of children in the community.

Public School Requirements

In order to attend schools in Texas, children are required to be vaccinated against whooping cough, polio, mumps, measles, rubella, tetanus, diphtheria, hepatitis A, hepatitis B, chickenpox, and meningococcal disease. However, since 1972, Texas has permitted religious exemptions to those vaccinations, which are required to attend school. Then, in 2003, then-Gov. Rick Perry instituted a bill that allowed for parents to opt out of receiving vaccinations simply because of their personal beliefs. To be exempt, parents must submit a request – either online or by snail mail – an affidavit form from the Department of State Health Services.

Vaccinations and Trust

Donald Murphey, a pediatric infectious disease physician at Dell Children’s Medical Center, has seen the major positive impact of vaccinations. “I see kids with serious infections all the time. I know what things were like before we had some of the new vaccines, and I’ve seen kinds of diseases that were serious in kids go away when we had new immunizations come out,” he said. “The public doesn’t trust doctors and the whole medical field. They don’t trust pharmaceutical companies. They don’t trust anybody anymore.”

In 1998, incorrect research that linked vaccinations to autism spurred on much controversy and has left a lasting impression despite later evidence disproving that same research and the fact that the U.S. vaccine supply is the safest it’s ever been.

 

Suing Estates and Bar Owners for DUI Deaths
Suing Estates and Bar Owners for DUI Deaths 150 150 CMZ Law Lufkin/Houston

Q: Who can be sued if the drunk driver who caused the accident also died?

While state laws– as well as the particular circumstances of an automobile accident– differ, people who are seriously hurt (or the survivors of those who are killed) by a drunk driver who was also killed in the accident still may have legal recourse.

First, if someone is killed as a result of the negligent, reckless, or intentional actions or inactions of another person or entity, the closest surviving relatives of the victim can commence a wrongful death lawsuit to recover monetary damages.

Compensatory damages differ on a case-by-case basis but generally include the victim’s final medical and burial expenses as well as the survivor’s loss of financial support and loss of consortium due to the victim’s death. If the person liable for the accident was also killed in the accident, a claim may be made against the estate of the responsible party, if any.

In addition, in the event of a drunk driving accident, if a bar or tavern served the drunk driver alcohol prior to the accident, it may also be sued, again depending on state law and the particular circumstances.

Texas Dram Shop laws allow victims to sue bar and tavern establishments if they served alcohol to someone who is drunk or under age and that person thereafter causes death or injury to others in a drunk driving or alcohol-related accident.

Last year, a man leaving his wife’s grave was reportedly struck and killed by an alleged drunk driver whose toxicology tests allegedly showed a blood alcohol level over “three times the legal limit” as well as “traces of several drugs including two painkillers and at least one antidepressant”. The woman, who was reportedly traveling at 82 miles per hour in a 45-mph zone was also killed in the accident. She had reportedly consumed alcohol during lunch with her sister in an establishment.

The victim’s family has filed suit against both the woman’s estate and the establishment that allegedly served her the alcohol.

If you or a loved one has been injured, or loved one has been killed, due to someone else’s actions, the personal injury attorneys at Chandler, Mathis and Zivley can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent accident victims and their families throughout Texas as well as those injured while visiting the Lone Star State.

 

Suing Estates and Bar Owners for DUI Deaths
Suing Estates and Bar Owners for DUI Deaths 150 150 CMZ Law Lufkin/Houston

Q: Who can be sued if the drunk driver who caused the accident also died?

While state laws– as well as the particular circumstances of an automobile accident– differ, people who are seriously hurt (or the survivors of those who are killed) by a drunk driver who was also killed in the accident still may have legal recourse.

First, if someone is killed as a result of the negligent, reckless, or intentional actions or inactions of another person or entity, the closest surviving relatives of the victim can commence a wrongful death lawsuit to recover monetary damages.

Compensatory damages differ on a case-by-case basis but generally include the victim’s final medical and burial expenses as well as the survivor’s loss of financial support and loss of consortium due to the victim’s death. If the person liable for the accident was also killed in the accident, a claim may be made against the estate of the responsible party, if any.

In addition, in the event of a drunk driving accident, if a bar or tavern served the drunk driver alcohol prior to the accident, it may also be sued, again depending on state law and the particular circumstances.

Texas Dram Shop laws allow victims to sue bar and tavern establishments if they served alcohol to someone who is drunk or under age and that person thereafter causes death or injury to others in a drunk driving or alcohol-related accident.

Last year, a man leaving his wife’s grave was reportedly struck and killed by an alleged drunk driver whose toxicology tests allegedly showed a blood alcohol level over “three times the legal limit” as well as “traces of several drugs including two painkillers and at least one antidepressant”. The woman, who was reportedly traveling at 82 miles per hour in a 45-mph zone was also killed in the accident. She had reportedly consumed alcohol during lunch with her sister in an establishment.

The victim’s family has filed suit against both the woman’s estate and the establishment that allegedly served her the alcohol.

If you or a loved one has been injured, or loved one has been killed, due to someone else’s actions, the personal injury attorneys at Chandler, Mathis and Zivley can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent accident victims and their families throughout Texas as well as those injured while visiting the Lone Star State.

 

Pedestrians Aren’t Always Safe on Sidewalks
Pedestrians Aren’t Always Safe on Sidewalks 150 150 CMZ Law Lufkin/Houston

Q: Who can sue after a hit-and-run accident?

DWI car accidents in Houston are responsible for causing serious personal injuries and fatalities. This is particularly true when the victim of the car accident is an innocent pedestrian who was unfortunately in the wrong place at the wrong time.

Without the protection of a car of their own, pedestrians hit by motor vehicles often die at the scene or shortly thereafter from the blunt force and trauma of their injuries. Those who survive may be entitled to sue for compensatory damages for the serious personal injury they sustained.

But if the accident is a fatal one, it’s the victim’s closest surviving family members who may be entitled to sue in what is known as a wrongful death lawsuit.

In a wrongful death lawsuit, the surviving family members must prove that their loved one’s death was caused by someone else’s negligence or intention to do them harm. They must also prove that they are suffering financially as a result of the victim’s death. Wrongful death cases are complex and differ on a case-by-case basis as to which family members may be entitled to sue and what damages they may be entitled to recover.

Generally, the costs of the victim’s final medical and funeral expenses are recoverable along with other financial compensation which is determined by examining the survivor’s loss of support, services, prospective inheritance and more related to the victim’s death.

Recently, a San Marcos man was charged with intoxication manslaughter and other charges in connection with an alleged hit-and-run accident that killed a pedestrian. According to witnesses, the suspect’s car “jumped the curb” and hit a pedestrian before continuing to speed away. The car– absent a passenger who bailed out of it after the alleged first incident – –reportedly didn’t get far before crashing into a tree after which witnesses held the suspect until the police arrived.

In addition to intoxication manslaughter, the suspect was reportedly charged with “failing to stop and render aid, escape, possession of a controlled substance, resisting arrest and possession of marijuana.”

Regardless of whether the person who caused the accident is criminally charged or not– or whether those charges are upheld– a victim or their surviving family members are entitled to commence a civil suit for money damages for physical and/or psychological suffering.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident or any other accident due to someone else’s negligence, the personal injury experts at Chandler, Mathis & Zivley can help you maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent accident victims and their families throughout Texas as well as those injured while visiting Texas.

Liability for Flood Water Electrocution Death in Houston
Liability for Flood Water Electrocution Death in Houston 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for electrocution deaths in flooded areas?

A former Eagle Scout committed to rescuing animals died doing just that when he was reportedly electrocuted while wading through knee-deep water in a Hurricane Harvey flooded neighborhood.

As he was walking on a sidewalk en route to his sister’s house he reportedly “felt a current in his ankle” and allegedly told the friend accompanying him not to come near him as he was electrocuted to death. The electric current allegedly came from a light fixture on the property beside the sidewalk. Now his surviving family has commenced a wrongful death lawsuit in Houston.

The action reportedly names multiple defendants including the electric company, the company that installed the light fixture, and the homeowners of the property with the light fixture, all of which allegedly caused or contributed to the man’s death.

The man’s parents believe the electric company was negligent in failing to cut the electricity in the area which it knew or should’ve known would be flooded. They also allege that the light fixture believed to be the source of the deadly current was installed improperly and that the negligent installation was “contributing to the cause of [his] electrocution.” The doctrine of premises liability holds a property owner responsible for injuries resulting from dangerous conditions on their property. The lawsuit alleges the homeowners “negligently failed to safely up keep and maintain their property”.

In a wrongful death lawsuit, the closest surviving family members of a victim may be entitled to compensatory damages if they’re able to prove that the actions or inactions of another person or entity negligently, recklessly, or intentionally caused or contributed to the victim’s death.

If liability can be established, compensatory damages awarded may include the victim’s final medical and burial expenses as well as other financial losses suffered by the family as a result of the victim’s death. In addition, the victim’s survivors may be entitled to recover damages for “survival actions” which are claims based on the degree of consciousness, the severity of pain, apprehension of impending death, and the duration of such suffering of the victim.

Because wrongful death actions are complicated with respect to who has the standing to sue and for what kind of damages, it’s important to seek counsel from a skilled wrongful death attorney as soon as possible to maximize your chances of recovering damages.

If you or a loved one has been injured, or a loved one has been killed, as a result of the actions or inactions of somebody else, the personal injury law experts at Chandler, Mathis & Zivley can help you maximize the compensation to which you may be entitled. We can’t undo the accident but may be able to help relieve the financial burden it has caused. Contact us today for a free consultation.

From our offices in Lufkin and Houston, Texas, we’ve been representing victims and their loved ones throughout Texas as well as those injured while visiting Texas.

Amusement Park Accident Death Leads to Lawsuits
Amusement Park Accident Death Leads to Lawsuits 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for injuries in an amusement park accident?

Amusement park accidents can be the scene of some horrific injuries– somehow more tragic because they often involve unsuspecting children who only moments before were likely laughing with delight.

The legal doctrine of premises liability, a subsection of personal injury law, holds the property owner responsible for the safety of visitors to their property. This principle applies to amusement park owners and managers and the potentially dangerous waterslides, roller coasters, and other rides they offer to the public.  

Sometimes older rides with deteriorating parts are to blame for a ride accident. Other times, a new ride may have faulty construction, defective designs, or other issues that cause an accident. And other times, negligent ride operators may be to blame for the accident.

Approximately two years ago, 10-year-old boy was decapitated on what was then reportedly touted as the “world’s tallest waterslide” in a Kansas City waterpark. Two women riding with the boy suffered facial injuries.

The accident reportedly led to personal injury lawsuits by the women and a wrongful death lawsuit by the boy’s parents which were allegedly settled. In addition, criminal charges in the boy’s death have recently been brought against the designer of the waterslide, the water park’s co-owner, and a former waterpark executive.

Prosecutors allege the designer “had no engineering credential relevant to amusement ride designer safety”. The existence or absence of criminal charges does not impact the ability to sue civilly for monetary damages related to the injuries or death from the accident.

In a wrongful death lawsuit, if a defendant is found liable for negligently, recklessly, or intentionally causing someone’s death as a result of their actions or failure to act the victim’s closest surviving family members may be entitled to compensatory damages. Generally, such damages include the victim’s final medical and burial expenses as well as other damages determined on a case-by-case basis, based on financial and other losses the family member has sustained as a result of the victim’s death.

If you or a loved one has been injured or a loved one has been killed in an accident caused by somebody else, the skilled personal injury attorneys at Chandler, Mathis & Zivley can help maximize the compensation to which you may be entitled. While we can’t undo the accident, we can help reduce the financial burden that it has caused. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans throughout the state as well as those injured while visiting Texas, for over 40 years.

Liability for School Shootings
Liability for School Shootings 150 150 CMZ Law Lufkin/Houston

Can the parents of a school shooter be held accountable for his or her actions?

Parents send their children to school every day with the inherent belief that their child will be in a safe and supportive environment.  When a school shooting occurs, it should cause all of us to pause and consider what can be done to prevent such tragedies.  In the wake of the Parkland, Florida school shooting, we are all struggling to determine just who is to blame for the deaths of 17 innocent students and educators.  Our Houston, Texas personal injury lawyers at Chandler, Mathis & Zivley, PC discuss who could potentially be held accountable when violence occurs in the classroom.

Are Guns to Blame? Parents? Or Schools?

On February 14, 19-year old Nikolas Cruz entered Marjory Stoneman Douglas High School in Parkland, Florida armed with a semiautomatic rifle. He opened fire, killing 17 people before fleeing along with the stunned students.  He was apprehended shortly after the massacre and is now being held without bond on 17 counts of premeditated murder.
Following Cruz’s terrifying rampage, alarming evidence of the troubled young man’s life has emerged.  Cruz reportedly commented on YouTube last year that he wanted to be a “professional school shooter.”  He had no criminal history, but was reportedly expelled from the high school for having a knife at school.  Despite these red flags, Cruz allegedly had access to 10 firearms, including the AR-15 style rifle used in the shooting. 
Seeking justice and answers, parents and lawmakers everywhere are asking themselves who is to blame for this and other school shootings.  The families of the victims have made passionate pleas for gun control, requesting bans on some semiautomatic weapons and increasing age minimums to purchase these weapons.  President Trump has stated he will consider such measures. 
As the President and congress weigh in on gun measures, the families of those killed may consider the possibility of a civil suit.  Following some school shootings, the families of deceased accident victims have filed suit against the school system, the shooter, or the parents of the shooter.  Schools have a responsibility to take actions to keep children safe and, if negligence on the part of the school allowed the shooting to occur, this could form a basis for liability.  Parents that allow unstable children access to weapons could additionally be held accountable in some cases.    
School violence is a troubling matter that deserves the attention of the nation.  We as a country must strive to end school shootings and ensure all children are safe at school.  If your child has been injured at school, take action by seeking the help of an experienced school violence lawyer.

Practice Areas of Attorney Houston Tx Legal Practice Areas $27.8 Million Victories Liquid Natural Gas Storage Victories