December 2011 Archives

December 28, 2011

FW Officer DWI - Again

Officer Daniel B. Gonzalez, 35, who was fortunately off duty, was arrested Monday at 4:30 a.m. at a restaurant on Loop 820 at North Beach on charges of DWI. Oh, and giving a gun to a felon.

Gonzalez has been on the force since 2002.

His friend, Bobby Joe Newton, 26, faces a charge of possession of a firearm by a felon and discharging a firearm within city limits.

The two were spotted shooting their guns at a street light by a constable who followed them to the restaurant.

This is hardly the first time that a Fort Worth police officer has been DWI. See Here and Here

It is frightening that those who "serve and protect" us -- from drunk drivers, among others -- choose to act like this. The FWPD must do a better job policing the police.

December 21, 2011

Happy Holidays!

I wanted to wish you and your family joy and happiness during this wonderful holiday season and prosperity in the coming year.

This has been another great year for my firm. I am proud that we have successfully represented over 250 people injured in collisions.

And I am proud that every one of my clients was very pleased with our services and their results.

We have fought hard and have received many significant verdicts or settlements in a tough anti-lawsuit, tort reform climate in a conservative venue.

I am truly honored to have had such wonderful clients! Thank you for the opportunity to serve you during your difficult ordeals.

Merry Christmas, Happy Hannukah, and Happy New Year.


December 19, 2011

North Texas Road Rage Continues

A North Texas man is in critical condition after he was shot in the head Friday night in rural Collin County.

The incident started in McKinney when a Ford Taurus cut off a Ford pickup.

Bobby Schule, 47, of Flower Mound (see photo) chased the car for 10 miles into rural Collin County.

Schule caught up to the car, fired a gun, and hit the passenger in the head.

Schule sped off, but a Texas Department of Public Safety trooper in pursuit chased him down.

Police arrested Schule on a charge of aggravated assault with a deadly weapon, a second-degree felony. He is in the Collin County jail, and bail is set at $25,000.

The passenger is in critical condition at Parkland Hospital in Dallas.

Schule told officers that he fired the gun but did not intend to hit anyone,

Really?

Coming the day after the tragedy in Arlington where a driver who was high killed two people, one by firing his gun at a Good Samaritan coming to his aid (see earlier blog post), our roads seem like they are getting extremely dangerous.

I urge drivers to exercise extreme caution, obviously not to engage in horseplay or risky maneuvers, and call the police if you suspect you are the victim of road range.

December 18, 2011

Drunk Dallas Teenager Kills Motorcylist

A drunken driving suspect, 18 year old Joshua Reyes, crashed into a poor guy riding his motorcycle in University Park early Sunday morning.

Danny Ray Viola, 56, of Dallas was southbound on Preston Road at 12:40 a.m. when he collided with a speeding Honda Civic that ran the light at University Boulevard.

Viola was taken to Parkland Memorial Hospital, where he was pronounced dead on arrival.

Reyes (see photo) was taken into custody on a charge of intoxication manslaughter.

This story really makes me angry.

I hate drunk drivers. And don't drink much alcohol. And sympathize with law abiding motorcyclists and bicyclists. And my only child goes to SMU and lived in a dorm a block from the scene for two years. And I spent three years studying at SMU Law School a block in the other direction.

There has to be a way to crack down on the wide spread culture of drinking and driving, especially when it kills innocent drivers. I have had to handle far too many DWI cases over the last 31 years.

December 17, 2011

Arlington Man's 8th DWI Gets Him Long Sentence - Finally

His 8th DWI conviction???

Michael Smth, a 54 year old resident of Arlington, was convicted Friday and sentenced to 55 years in jail on Friday.

Hopefully this will keep him off our streets. For the rest of his life.

Smith was pulled over in Arlington in January when he was spotted weaving in traffic. A beer can fell out of his car when he was asked to exit his car.

His blood alcohol content was a staggering .24% -- three times the legal limit.

Tarrant County jurors were told that Smith had 12 prior convinctions, including the 7 for drunken driving.

His longest jail sentence to date has been 3 years.

Think there's something wrong with our system of dealing with DWIs?

December 16, 2011

Parker County Man Gets Life In Prison -- After 6th DWI

A Parker County jury sentenced Steven Knight to life in prison -- and more -- after convicting him of driving drunk for the sixth time.

Knight, 45, of Poolville, was already on parole on a 25 year drunken-driving conviction in Tarrant County for being a repeat drunken driver in 1999.

A restaurant owner in Springtown alerted police that Knight appeared to be intoxicated when he left her restaurant about noon on Mother's Day.

Police stopped him just a few minutes later and obtained a blood test, which determined that his blood-alcohol level was 0.32 -- four times the legal limit of 0.08.

Get this: Knight came into the restaurant for lunch, didn't drink anything intoxicating, then stumbled out to his vehicle.

He also had several misdemeanor arrests and an aggravated assault conviction in 1994 in Tarrant County, in addition to a drunken-driving conviction in Johnson County and two hot-check convictions in Parker County.

Knight will be required to serve his 25-year sentence, then at least 15 years of the life sentence before becoming eligible for parole again.

Let's hope he never gets out.

December 15, 2011

Arlington Man Rams SUV And Kills One, Then Fires Gun at Bystander, Killing Him

This story is just too hard to believe.

In Arlington at 1:40 yesterday afternoon, a 27 year old man, Thomas Harper, crashed his Tahoe into two cars on North Collins.

Harper then rear-ended a truck so hard he tragically killed the driver, Najee Nasir, who was 42 years old.

As if that weren't bad enough, Harper then peeled out and fled the scene at a speed estimated at 100 miles per hour. with his twin toddlers in the back seat.

Witnesses chased the Tahoe to get a license plate.

Harper then rammed his SUV into the rear of a Dodge pickup stopped at the intersection of Collins and Brown Boulevard so hard that he killed its driver too.

Witnesses rushed to the Tahoe to render aid and found Harper "ranting and raving, half laughing."

Harper started firing a gun out of his window and shot and killed Clarence "C.J." Robinson, 19, of Arlington, who was on his way to work at the nearby Potbelly's Restaurant. He did not own a car.

An eyewitness heard Harper say as he was being pulled out of his Tahoe by Arlington police that "I'll shoot somebody again."

Harper was obviously high.

He is being held in the Arlington jail on charges on murder and intoxication manslaughter. Bail is set at $550,000.00.

And just four days earlier, Robinson's older brother died the same way -- with a gunshot wound to the head -- in a New Orleans-area shooting.

Robinson had left New Orleans after Hurricane Katrina with his siblings and was trying to make money to help out his sister and his nephew.

As I often have to ask, what is going on out there?

December 12, 2011

New Medicare Guidelines Will Speed Up Funding To Plaintiffs

The Center for Medicare & Medicaid Services has just announced new rules that will help accelerate the cumbersome process for obtaining data necessary to conclude injury cases when Medicare or Medicaid has paid bills from medical providers.

Praise the Lord.

These guidelines -- which will initially be implemented in claims with a total settlement value of $25,000 or less.

The parties can self calculate how much they believe they owe CMS and provide CMS with that number. CMS will review this information and determine its accuracy.
CMS will then provide a final demand letter within 60 days of a request.

The final demand from CMS will be considered reliable and final if settlement occurs within 60 days of the date, the final demand letter is issued.

Full instructions on how to calculate the amount of Medicare's conditional payment will be available at www.msprc.info by January 15, 2012.

Continue reading "New Medicare Guidelines Will Speed Up Funding To Plaintiffs" »

December 10, 2011

Another Fort Worth DWI Fatality - 2 Arrested

A Fort Worth woman faces intoxication manslaughter charges in the death of an 18-year-old Fort Worth man.

Althea Voynn Wilson, 28, was arrested Thursday after the pickup she was driving late Wednesday ran a stop sign and struck another truck in the intersection of East 2nd Street and Pecan Street in downtown Fort Worth,

Sean Michael Satterfield was thrown from a 1996 Chevrolet truck when it was hit by a 1998 Dodge truck that was southbound on Pecan Street.

Satterfield died at the scene from blunt trauma of the chest.

The driver of the Chevrolet, Arnold Razon, 19, of Fort Worth, also was arrested and faces charges of driving while intoxicated and possession of marijuana

December 8, 2011

Distracted Driving A "Major Problem:" USDOT

I've been writing about the dangers of using cell phones while driving -- and filing suit when people crash into my clients when they are not paying attention to the traffic around them -- for many years.

Yesterday, the U.S. Department of Transportation (USDOT) released a study showing that almost all drivers would do that.

And drivers don't think it's dangerous when they drive and dial/text - - only when other drivers do.

32,855 motorists were killed in 2010. Distracted driving killed at least 3,092 people of them, according to the study. (Of course, it is often difficult, if not impossible, to know exactly how wrecks happen, especially when a fatality is involved.)

The USDOT's research shows that a driver is 23 times more likely to be involved in a wreck if he or she is texting.

Why is this legal?

Why do 50%/25% of drivers polled said that making a cell phone call/texting made no difference in their driving performance?

Almost every one (90%) said that when they were passengers, they felt "very unsafe" when their driver was texting?

Pennsylvania became the 35th state to outlaw texting while driving.

Think our roads could be safer here? I sure do.

But Texas is one of the few states that doesn't ban texting/cell phoning while driving, thanks to Gov. Rick Perry 's veto of a bill that would have banned the practice. He was the first U.S. governor to do so. However, he said that texting from behind the wheel is "reckless and irresponsible."

I have had to represent an increasing number of injured drivers whose crashes were caused by other motorists driving while texting or talking on their cell phones, and I believe that this practice is clearly dangerous and should be banned.

If you have been injured in a motor vehicle collision, please contact my office and I will subpoena the other driver's cell phone records in court to see if he was on the phone or texting.

December 6, 2011

Hondas Recalled Due To Dangerous Airbags

Honda Motor Co has just recalled 273,000 of its vehicles in the U. S. whose air bags inflate too fast and with too much pressur and cause serious injuries and even deaths.

This adds to several milliion Hondas previously recalled for this same problem.

This time, Honda says that it used the wrong material in the chemical inside the air bags.

You would hope that when you bought a car, the air bag wouldn't hurt -- or kill -- you.

I forced an insurance company just last week to pay a large settlement to a young 19 year old UTA student who was a passenger in his friend's Nissan and whose face was burned by the air bag hitting him when his driver crashed into a pole.

December 2, 2011

Driving While Texting Should Be Banned

Arlington, Dallas, Austin, San Antonio, El Pason, and other cities have recently enacted driving while distracted laws.

I just got a new case when my client was seriously injured when another driver side swiped her vehicle while texting, forcing her to crash into a concrete bridge support on Interstate 35.

Texas legislators passed a law stopping drivers from texting, but Gov. Perry vetoed it in June.

Two new Texas distracted driving laws are in effect. One bans teen drivers under the age of 18 and learners permit holders in their first six months of driving from using cell phones and text messaging devices. The other prohibits all drivers from using handheld cell phones in school crossing zones. And school bus operators are prohibited from using cell phones while driving if children are present.

December 1, 2011

Arlington Auto Accident Leads To 35th Death This Year

A Fort Worth man died early Thursday, a little more than a day after he was injured in a traffic accidentin the 1500 block on North Cooper in Arlington.

It was the 35th traffic fatality in Arlington in 2011. However, for the entire year of 2010, only 18 people died in colliisions in the city -- out of 6,484 reported crashes.

What is going on out there?

Jose Reyes, 23, unfortunately died at 1:16 a.m. at John Peter Smith Hospital from multiple blunt force injuries.

Two others were injured in the crash.

I was just hired this week to represent a family that was hurt in Arlington recently when another driver ran a red light and have successfully prosecuted auto and truck collision cases throughout Texas and the United States for over 31 years.