In 2006, the Supreme Court of Texas issued its opinion in Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (2006). Touted by insurance companies as a great victory and lamented by plaintiff’s attorneys as an pro-insurance aberration, the Brainard opinion has taken on a mythical life of its own with many defense attorneys and insurance companies arguing
Click the following link for the full article: Mo. Supreme Court Rules Railroad Injury Judgment not Subject to Taxes.
FORT WORTH, TEXAS – According to documents produced by BNSF Railway Company, many Asbestos-Containing Materials (ACM) were installed on locomotives and railcars. The materials identified include: fabric wrap on water and steam lines; fabric wrap on compressor and governor lines; gaskets; and brake and clutch linings. Likewise, Asbestos-Containing Materials were also present in various building materials including: floor
MARYSVILLE, KANSAS – Local news reports state that early on Tuesday morning, ten cars on an eastbound freight train derailed in Union Pacific’s Marysville, Kansas yard. (click for article) Although none of the derailed cars contained any hazardous materials, the derailment comes at a time when significant debate is raging regarding the safety of rail transport of hazardous
KANSAS CITY, Kansas – a railroad worker employed by the BNSF reportedly died this morning after falling into a grain car. According to news reports, the unnamed worker had apparently been trying to move the grain from the railcar into the trailer of semi when he fell into the grain car. The worker was dead by the time rescuers
The American Association for Justice has recently published its listing of “The Ten Worst Insurance Companies in America – How They Raise Premiums, Deny Claims, and Refuse Insurance to Those to Need It Most.” Among the insurance companies listed are Allstate (No. 1); State Farm (No. 4); Farmers (No. 7) and UnitedHealth (No. 8). A
On November 5, 2014, the Supreme Court of Texas is set to hear oral arguments in Lezlea Ross v. St. Luke’s Hospital. Ross was injured when she slipped and fell in the lobby of St. Luke’s Episcopal Hospital after visiting a patient. Ross fled suit against the Hospital and its maintenance and training contractor, Aramark Management
Help protect asbestos victims’ rights by urging your U.S. Senators to oppose legislation that threatens to delay and deny justice until asbestos victims die. Send them a letter today using this link: http://takejusticeback.com/asbestosaction The asbestos-disease epidemic is one of the longest-running public health epidemics. In fact, asbestos is still legal in the United States and kills
On May 9, 2014, Judge Bill Burke, 189th Judicial District Court, Harris County, Texas, signed and entered a judgment in the amount of $3.3 Million against Austin Industrial Services, L.P., an industrial contractor. The judgment was based on a verdict in the amount of $4.3 Million that had been rendered by a Harris County jury on
On April 7, 2014, the United States Environmental Protection Agency, Region 7, released numerous records documenting the presence of asbestos-containing materials at the Union Pacific Railroad Company’s shops in Omaha, Nebraska. The documents were released under a Freedom of Information Act Request (EPA-R7-2014-004329) filed by attorney J. Kirkland Sammons with the law firm of Sammons & Berry, P.C., in Houston, Texas.