We think we deserve a big hug every time we avoid crashing on the pommel horse.
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Parents Unsuccessfully Sue Kid: Last week, Chamberlain♦McHaney lawyer Catherine Kyle scored a defense verdict after a week long jury trial in Austin. In Logue v Logue, a father and stepmother filed suit against their son to recover hundreds of thousands of dollars in damages for injuries they sustained in a car accident. Both father and step-mother were asleep in the pick-up after turning over the wheel to the son while the family was driving through the night toward Taos for a Christmas ski vacation. The son, 23 at the time of the accident, hit black ice, lost control of the truck, and rolled it into a ditch. Despite the investigating officer’s finding that the son was driving 45 mph at the time of the accident, a safe highway speed, the parents argued that their son was speeding based on hearsay testimony of other family members and the admission of the young man himself. The case turned on bringing the investigating officer to testify live at trial. The officer emphasized the importance of the fact that the driver had no experience in driving on ice and snow and could not be expected to respond any differently than he did. It probably didn’t hurt that the father admitted that he taught his son to drive, gave him no special instruction in driving on ice and snow, and allowed his son to drive knowing that he had no experience driving on ice.
Like any good parent would do, Cathy chastised the Plaintiffs for their avarice in final argument. The jury agreed, returning a unanimous defense verdict in less than 30 minutes. Cathy’s two children, who also attended the trial and expressed considerable concern about their own future exposure to parental litigation, were greatly relieved by the result.
Cathy was assisted at trial by legal assistant Kim Chambers. Congratulations.
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Construction Law Update: TRICKA to be Abolished? In a surprising move late yesterday, the Staff of the Texas Legislature’s Sunset Commission issued a report recommending that the Legislature abolish the Texas Residential Construction Commission, stating it had coddled renegade homebuilders and failed to adequately protect homeowners. The TRCC, also derisively labeled TRICKA by consumer groups, was established by the Legislature in 2003 to assist homebuilders in dispute resolution with homeowners. Like any good governmental agency, TRCC responded immediately to the report, proclaiming its effectiveness and vowing to fight for its survival.
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Register now for our famous Texas Update! 13th Annual Ultimate Claims Handling Seminar scheduled for October 10, CityPlace Conference Center, Dallas, Texas. Sign up early and reserve your seat now because over 300 risk managers and claims professionals attended last year. This full day, fully accredited seminar offers 8.5 hours continuing education credit, breakfast, lunch, snacks, happy hour, and oh yeah, knowledge and a course book. The agenda and registration form are attached. Print the registration form and mail it in with the fee.
You can now also register with your credit card Online by visiting our website at www.chmc-law.com. Elliott Spitzer neglected to attend last year and you know what happened to him.