SE Texas Record

Wednesday, October 16, 2019

Letter to the editor: Chip Ferguson responds to recent Record editorial written about him

Letter to the Editor

By Chip Ferguson | Aug 20, 2017

This is a letter to the editor sent by Paul "Chip" Ferguson, founder of the Ferguson Law Firm in Beaumont, in response to an Aug. 8 Our View editorial entitled "Chip Ferguson is at it again." The paragraphs in quotations are from the editorial.

"He once filed a product liability suit against Ford Motor Co. on behalf of a man whose wife had died when her Explorer rolled over – after hitting an 8-inch 4x4 on Interstate 10 and blowing out a rear tire with tragic results."

First, the eyewitness testified that there was not a 4X4 in the road.  Second, we filed suit against Ford and a tire shop.  When we found out what was wrong with the tire, we dropped Ford and pursued the tire company. Forensic exam showed that the tire company had put a bad patch on the tire.  The case settled. 

"Another time, when filing a wrongful death suit on behalf of a woman whose husband died after slamming into a vehicle and an RV blocking both lanes of Highway 69, he named the previous owners of the RV as defendants." 

The “previous owners” were actually listed as “owners of record” in the official records at the time we filed suit. They called us and told us they had sold the RV.  I asked for something to prove that and, when I got it, dropped them as defendants.  We brought suit against the person operating the vehicle and the manufacturer of the truck our client was driving (his airbag did not deploy causing the chest and torso injuries that ultimately claimed his life). 

"In what was at once his greatest triumph and his most agonizing defeat, he sued Domino’s Pizza on behalf of the estate of a married couple whose vehicle was struck head-on on S. Major Drive in Beaumont by a pizza delivery boy – driving his own car, with worn tires, in bad weather. Ferguson somehow managed to secure a $32 million judgment against Domino's, but lost it on appeal." 

If balance is the test, one would think the article would include the facts that (1) the driver was delivering a pizza for a Domino’s here in Beaumont and (2) had to drive his own car b/c he was required to.  We filed suit against Domino’s and the local franchise.  Domino’s had a policy that the managers were to inspect their driver’s cars for this precise reason.  They did not.  That is how a delivery person ended up on the road with bad tires.  We settled with the franchise and tried the case against Domino’s.  We won at trial but lost on appeal.  The agony had nothing to do with me – the wife died and her husband (a Christian missionary/preacher) was rendered home bound with significant injuries and brain damage.  His brother-in-law lost his business so he could care for him.

"He currently is pursuing a $1 million suit against Fedex in Jefferson County District Court on behalf of a man who allegedly tripped, a year and a half ago, over a large package left on his doorstep by the delivery company." 

This case was just filed and it is my policy not to discuss ongoing litigation.  Simply said, we have investigated the facts of this incident and have found clear evidence to support our position.  We had sent a notice letter to Fed Ex before filing suit, and they acknowledged their fault; however, a disagreement arose over the extent/evaluation of the injuries my client suffered.

I am not looking for a fight, disagreement or even an apology.  This info has been run by The Record 2 or 3 times.  Never has anyone reached out to me for comment or to, perhaps, get the rest of the story.  Don’t you think that would be a more honest and fairer way to report?

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