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Texas Personal Injury Law Blog

Attorney Spotlight: Al Ellis

  • 02
  • April
    2013

Having tried more than 175 jury trials, Al Ellis’ experience as a personal injury attorney leads the way for Dallas lawyers. His list of professional and personal achievements exceeds most of his peers, though you may not know this thanks to his humble personality. After Ellis graduated from the University of Texas at Arlington and his service in the US Army, he obtained his J.D. from Southern Methodist University. While at SMU, he was Student Chief Counsel for the SMU Legal Clinic and a member of the board of editors for the Journal of Air Law and Commerce.


Today Ellis is a member of the International Academy of Trial Lawyers, an elite organization comprised of only 500 members in the US; the American Board of Trial Advocates, the Million Dollar Advocates Forum and the Dallas Bar Association, having served as President in 1990. He has also been recognized as a UTA Distinguished Alumni, Best Lawyers in America, D Magazine’s Best Lawyers in Dallas and the Justinian Award for Long-standing Community Service, to name a few.


Ellis’ dedication to those needing assistance reaches far beyond the court room. His involvement in organizations such as Habitat for Humanity and the Dallas Golden Gloves Tournament highlights Ellis’ unwavering commitment to his community. To learn more about Al Ellis’ background, legal honors and community involvement, view his attorney page here.

 

 

Questioning Labor Laws and a Workers Appeal

  • 20
  • March
    2013

A worker who suffered personal injuries in a car wreck was the subject of the appeal in Grocer’s Supply, Inc. v. Cabello, ___ S.W.3d ___ (Tex. App.—Dallas 2012, no pet.) (December 21, 2012). 

The personal injury attorney for the worker struck by an 18-wheeler while changing a tire on the side of the road sought lost income damages (lost earnings/earning capacity). The attorneys for the trucking company asked the trial court and the Appeals Court to consider the effect of the Immigration Reform and Control Act (IRCA) on an undocumented worker’s ability to seek damages for future wage loss/earning capacity. In defending the claims arising from the truck wreck, Grocer’s Supply claimed that federal law prohibited undocumented workers from receiving wages in this country and thus, pre-empted state law tort claims seeking that element of damages. The Court of Appeals declined to find that federal labor law pre-empted state court tort law in this area.

 

NFL drunk driving accidents common, deadly

  • 21
  • December
    2012

After one Dallas Cowboy was killed and another arrested for a drunk driving accident in early December, people are calling on the National Football League to address drunk driving among its players.

The accident that killed Cowboy linebacker Jerry Brown was nose tackle Josh Brent's second drunk driving arrest in just three years, and he is certainly not alone. Brent's arrest is the 18th time that an NFL player has been arrested for DUI this year alone, and the third time in the last three years that an NFL player's drunk driving killed someone else.

"It's wrong but it happens all across this country," Chiefs quarterback Brady Quinn said. "Whether it's players who do it or everyday workers who do it, it's something people need to take accountability for and stop and understand it's affecting the lives of not just the driver but other people."

Bill would ban texting while driving for all Texans

  • 30
  • November
    2012

Texas lawmakers are going to try, yet again, to ban texting while driving on our roads. Former House Speaker Tom Craddick filed a bill as soon as he could on the issue.

House Bill 63 would make it a traffic offense to read, write or send text messages while a vehicle is in motion. Texts sent while stopped at a stoplight would still be okay, as would dialing a number on a cell phone and texting through voice-activated technology.

Two years ago, a statewide texting-while-driving ban passed the Legislature but did not hold up under the governor's pen. Gov. Rick Perry chose to veto the bill, stating that it was government infringement.

Paralyzed Texas girl writes letter to drunk driver

  • 20
  • November
    2012

"There were times that I would cry and cry. I understand that the nurses wanted the best for me, but it really hurt when I couldn't do it."

These are the words of a 9-year-old Texas girl who was paralyzed in a Fort Worth car accident on July 9, 2011. The courageous girl wrote a letter to the man who caused her paralysis -- a drunk driver whose blood alcohol content (BAC) was almost three times the legal limit.

"There are days that I cry cause I can't do what I used to do. . . . How do you feel today. Do you remember July 9th?"

The girl's mother read the letter to the drunk driver in court after he was sentenced to 10 years in prison for his crime. The defendant cried upon hearing the letter.

Texas' 85 mph toll road opens. Is it safe?

  • 31
  • October
    2012

Only a few months ago, we wrote about a new Texas law that allows state highways to increase their speed limits to 75 mph. Now, a toll road near Austin, Texas, allows motorists to drive 85 mph.

The toll road opened last week as an alternative to Interstate 35 between San Antonio and Austin. While it is a much-needed highway alternative, Texas personal injury lawyers and other safety advocates wonder: Is it safe?

The Texas Department of Transportation (TxDOT) seems to think so. It has declared that the road was designed for the 85 mph speed limit because it is both straight and travels through rural areas with less cross-traffic. Yet, some opponents argue that TxDOT speaks more from its pocket book than out of concern for drivers' safety. This is because the company that funded the road - SH130 Concession Co. - said it would give the state $100 million if the speed was set at 85 mph (as compared to $67 million for an 80 mph speed limit).

Drowsy in Dallas: A Deadly Threat to Texas Motorists

  • 14
  • October
    2012

Drowsy driving is a growing problem across the country. According to a National Sleep Foundation poll, 60 percent of drivers have admitted to driving while drowsy within the past year. That number is troubling when people examine the number of fatigued driving accidents lead to serious injury or death.

The National Highway Traffic Safety Administration estimates that 100,000 crashes each year can be attributed to drowsy driving. Those wrecks are responsible for roughly 71,000 injuries and 1,550 deaths. With such a high percentage of injuries for each accident, many people may naturally wonder who's at risk and what's being done about it?

Recalled Dehumidifiers Reignite Warnings About Appliance Fires

  • 05
  • August
    2012

Continually evolving technology has brought undeniable improvements to our lives. The gadgetry of today often seems light years ahead of what we had when we were growing up. These advances make many people feeling safe with their appliances. Unfortunately product defects are one problem we haven't been able to solve.

Recently, Consumer Reports revealed a problem with an appliance that has become a summertime staple. Burns and fires caused by dehumidifiers have been responsible for over $7 million in property damage.

Old Wiring Increases Risk of House and Apartment Fires

  • 13
  • June
    2012

New technology is usually a good thing, except when it has to be supported by old wiring. Modern appliances use more energy than those of even a generation ago. The additional strain on aging electrical systems leaves them vulnerable to arc faults and the renter or homeowner at risk for an apartment or house fire.

What is Arc Fault?

An arc fault is an extremely hot, dangerous, short burst of electrical energy through the air between electrical conductors. Arc faults can cause fire by igniting surrounding combustible materials.

New Labor Report: Distressing Increase in Workplace Fatalities

  • 22
  • May
    2012

Is your workplace safe? Recent statistics suggest that it may not be. The Department of Labor just released statistics on workplace fatalities in 2010 and the results are not good. Whether a worker is killed from a defective product in an industrial job or an employer neglects safety regulations, the message is clear. More needs to be done to keep workers safe.

Obviously there are certain jobs that are more hazardous than others. But these industries have regulations they must follow to protect them. Individuals working in dangerous industries such as oilfields and construction should know that worker's compensation may not be the only remedy for workplace injuries in Texas.

Blazing Fast! Texas Speed Limit Raised to 75 MPH

  • 16
  • April
    2012

In a controversial move, the Texas Department of Transportation (TxDOT) approved increasing the speed limit for more than 1,500 miles of interstate highways, including portions of I-45, I-30 and I-20. Despite concern that increased limits will lead to more car wrecks in Dallas, the agency remains convinced the new limits will be safe.

During the last legislative session, Governor Rick Perry signed House Bill 1353 into law permitting state highways to be considered for increased speed limits to 75 miles per hour if studies could show the increase to be safe. That allowed TxDOT to move forward with its plan to improve traveling efficiency between cities, according to Carol Rawson, TxDOT traffic operations division director.

Consumer Reports Finds Appliance Fires Frighteningly Common

  • 22
  • March
    2012

Almost a year ago, the Consumer Products Safety Commission (CPSC) launched SaferProducts.gov, a website that allows people to report unsafe appliances and check the safety history of various models. In its first year alone, the website logged over 6,500 complaints. One third of them had to do with appliances. 850 of them dealt with appliance fires. But those were just the fires that were reported on the website.

According to the CPSC, there are over 150,000 appliance fires every year. Between 2006 and 2008, theses fires were responsible for 3,670 injuries, 150 deaths and $547 million in property damage.

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