News from February 2008

Supreme sense

By The SE Texas Record | Feb 2, 2008

When you're a plaintiff's attorney, drama pays.

City of Port Arthur, marketer go to trial over contract

By David Yates | Feb 4, 2008

Mark Sokolow The city of Port Arthur and its economic development corporation can't seem to distinguish who's in charge. And now because the left hand hired a marketing consultant without the right hand's permission, the city will spend the next week in court.

Cosmetic girl injured while apprehending shoplifter, sues Macy's

By David Yates | Feb 4, 2008

Placed on light duty, a Macy's employee balked when her manager told her to apprehend a suspected shoplifter. Claiming Macy's negligently required her to do work that violated medical limitations, Wendy Graham sued the well known retailer.

Med-mal damage caps are unconstitutional, suit says

By David Yates | Feb 5, 2008

Brian Sutton Slavery, segregation and barring women from the vote are three major errors committed by America that were eventually recognized as unconstitutional. But one Texas lawyer says there is fourth, over-looked mistake continuing to violate the peoples' constitutional rights: medical-malpractice damage caps.

Leaky freezer leads to suit against Wal-Mart

By David Yates | Feb 5, 2008

A leaky freezer has led to a slip and fall lawsuit against Wal-Mart Stores. Nu Thi Nguyen claims she slipped and fell in a puddle of water while shopping at the Twin City Highway mega center.

Legally Speaking: More weirdness in the courtroom

By John G. Browning | Feb 5, 2008

As many of you know, I write a year-end wrap-up recognizing some of the strangest lawsuits and legal stories of the year. However, 2008 is off to such an early start in this department that I just can't wait � there's just been too much weirdness going on in the courtroom.

$400K judgment awarded to children of 94-year-old-amputee

By David Yates | Feb 5, 2008

Clay Dugas Jurors sided with the children of Alice Limbrick, 94, on Monday, Feb. 4, and blamed the Green Acres Parkdale nursing home for the loss of Alice's legs and awarded the family $400,000 in damages.

Case Dismissed: Woman who collided into train tested positive for cocaine

By Michelle Massey, East Texas Bureau | Feb 5, 2008

MARSHALL -- On a clear night in October 2004, Keisha Smith, with cocaine in her system, did not hear the warning bells or see the flashing lights signaling that a train was crossing the railroad intersection.

Commercial property owner sues two companies for digging ditch without consent

By David Yates | Feb 5, 2008

Trespassing gophers digging up yards are a common occurrence, but it's a tad stranger when the intruder is a human digging a drainage ditch in a shopping center.

Provost Umphrey sues former attorneys for keeping settlement fees

By David Yates | Feb 6, 2008

The Provost Umphrey Law Firm is taking one of its former attorneys to court, alleging the lawyer still owes the firm its share of fees.

Family blames death on chemical emissions

By David Yates | Feb 6, 2008

The family of Elbert Ray Lovett have filed a wrongful-death suit on his behalf against 48 chemical companies, claiming their benefactor was negligently exposed to toxic substances during his refinery career.

Groin rash, hurt back lead to suit against ExxonMobil

By David Yates | Feb 6, 2008

Chad Pinkerton After Johnny Philip Brown slipped and fell into some water at a petrochemical facility, he developed a disturbing red rash on his genitals.

Grandmother sues psych hospital after tripping

By Michelle Massey, East Texas Bureau | Feb 6, 2008

MARSHALL -- When attempting to visit her family at Longview Psychiatric Hospital, grandmother Mary Miller tripped on the pavement and fell. Suing for more than $75,000, Miller claims that inadequate outside lighting and uneven pavement contributed to her clumsiness and caused her to fall.

Texans can vote for new license plate design

By Marilyn Tennissen | Feb 6, 2008

'My Texas,' the state's current general-issue license plate design. Should the license plates on Texas vehicles sport a blooming field of the state's beloved bluebonnets or a vista of the endless West Texas skies? Or maybe a skyline of Texas' dynamic cities?

Firefighters agree to four-year contract

By Marilyn Tennissen | Feb 6, 2008

After an appeals court overturned an arbitration decision late last year, the city of Beaumont and its local firefighters union finally came to an agreement Feb. 6 with the approval of a four-year contract.

Suit: Landlord locked house with mom, kids still inside

By David Yates | Feb 6, 2008

In a case that sounds more like a criminal matter than a civil one, the mother of three young children has filed suit against a Groves landlord for allegedly locking her and her kids inside a rental home.

Trip over rug at rug store results in lawsuit

By David Yates | Feb 6, 2008

While shopping at Kirkland's -- a store specializing in area rugs and other home decor -- Waneta Clark tripped over a rolled up rug and now claims the store failed to warn her of the dangerous condition.

Appeals Court: Trial court erred, PAISD teacher did not exhaust administrative remedies

By David Yates | Feb 6, 2008

Texas justices on the Ninth Court of Appeals reversed a lower court's ruling that would have allowed a former teacher to pursue civil action against the Port Arthur Independent School District over an alleged discrimination firing.

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