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TEXAS TRIAL LAWYERS REVIEW
JULY 2019
SAN ANTONIO | AUSTIN | EDINBURG | HOUSTON | LAREDO | DALLAS | EL PASO | CORPUS CHRISTI
Fireworks, Barbecues, and Reflections
July is My Time to Think
From all of us here at the firm, I hope you and your family had a safe and wonderful Fourth of July. Truth be told, I’m writing this letter a little ahead of the holiday, and I still don’t quite know what my plans are! My family tends to be pretty spontaneous in the summer months, especially when it comes to celebrating multiple Independence Days. Some years, we go all-out for the Fourth of July, making the drive to San Antonio to see the massive fireworks show. Other times, we just relax and have a barbecue in the backyard. I suppose you could say that having this freedom from any one tradition is what independence is all about. But I have noticed one consistent change over the years — no matter where we celebrate, the day has become less and less magical for my kids. I’m sure any parent can relate to this — it’s the same across all holidays. When your kids are younger, they bring so much joy and excitement to every celebration. Whether they were eagerly waiting for Santa Clause or running through the yard with sparklers and little American flags, the energy my children brought on those special days was infectious! Now they’ve matured and have their own priorities to think about. I know this is just part of life, but part of me does miss how they used to jump up and down at the mere thought of going to a fireworks show. Now our parties on the Fourth tend to be much like the rest of summer — mellow. Of course, this isn’t necessarily a bad thing. My family honors both the Fourth of July and 16 de Septiembre
after all — two Independence Day celebrations within two months can wear you out if you don’t take it easy. So I’ve come to see the Fourth, and the month as a whole, as a time to reflect. The warm weather and summer breeze make for perfect thinking weather — which is good, since I have plenty to think about this time of year. That’s why the firm and I hold a big meeting every July. It’s our chance to take stock of what’s working for our clients and find new ways we can help them. While we are constantly making tweaks and improving our
services month-by-month, this is our chance to take a step back and look at the big picture.
As for myself, I do the same thing with my own life. I reflect on how much my kids have grown, how much has changed over the years, and how lucky I am to call this nation home. While the fireworks may have faded by the time you receive this newsletter, I hope the rest of this summer brings you plenty of time to enjoy the simple freedoms we celebrate this time of year. –Alex R. Hernandez Jr.
“Two Independence Day celebrations within two months can wear you out if you don’t take it easy.”
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Suspended License?
Getting Behind the Wheel Will Cost You
Few situations are more inconvenient than having your license suspended. Texas, known for its wide open spaces (and subpar public transit), is a particularly tough state to live in when you aren’t able to drive. But no matter how badly you may need to drive somewhere, driving while your license is invalid (DWLI) is illegal. THE SHORTEST TRIPS Many of those who are charged with a DWLI mistakenly believe that nothing could go wrong on a short drive. All it takes is a quick trip to the supermarket with a broken tail light, and suddenly you are facing criminal charges. It doesn’t matter how sympathetic your story is — even if you are taking your kids to school because they missed the bus, an invalid license is an invalid license. CONSEQUENCES Texas is notoriously tough on driving offenses, especially when it comes to enforcing license suspensions. At the very least, your suspension period may be significantly extended. Beyond this increased inconvenience, if you present an officer with an invalid license at a traffic stop, you can be arrested on the spot. You could even face up to a year behind bars. You may also face up to $4,000 in fines, and be expected to perform community service cleaning up roadways. These are all consequences for first-time offenses. If you were found to be intoxicated, uninsured, or have a history of driving-related offenses, these penalties will be much harsher. Defect Dangers When Products Betray Our Trust We put our faith in products every day, even when we don’t realize it. We trust our car’s air bags to work, our toys to be safe for our kids, and our home to be built from high-quality materials. But when the designers or manufacturers of these products cut corners, they betray that trust, often with disastrous consequences. HOLDING THE POWERFUL ACCOUNTABLE Product liability law exists to give consumers a voice to stand up to major corporations when they make defective or dangerous products. Often, companies are tempted to take shortcuts, using unsafe materials or forgoing rigorous safety tests just to cut costs. As we’ve learned from famous cases like the widespread use of asbestos by homebuilders or the exploding lithium batteries in hoverboards, this callous decision causes serious harm. Thanks to consumers and their legal representatives taking action through product liability claims, the injured in these cases were compensated for the negligent acts. THE MYTH OF THE FRIVOLOUS LAWSUIT Some media pundits like to suggest a culture of needless or ridiculous lawsuits exists in the U.S. This dangerous talking point silences victims and protects powerful companies. The case most often referenced is the infamous McDonald’s hot coffee lawsuit.
Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after breaking into a house and helping himself to some valuables, Dickson decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside. To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000. There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story first appeared ended with a call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,” many of which are featured on the websites of legitimate law firms! There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online! GONE TO THE DOGS How Can aThief Sue the Family He Robbed?
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TAKE A BREAK
JUICY LUCY SLIDERS
WHAT YOU CAN DO The best way to avoid a DWLI charge is to avoid losing your license in the first place. When charged with a traffic offense that would suspend or revoke your ability to drive, it’s a good idea to enlist the help of an expert Texas criminal defense attorney. The knowledge and skill of a lawyer like Alex Hernandez can be the difference between a slap on the wrist and a lengthy suspension. If you’ve already been charged with a DWLI, having a fierce lawyer in your corner is the best way to protect your rights.
Portrayed as a woman spilling some coffee and being awarded millions of dollars, this often- misrepresented story is far more grim. The spill of extremely hot coffee caused third-degree burns on 79-year-old Stella working-class woman asked for McDonald’s to pay $20,000 for the skin grafts necessary to treat her painful burns, the multinational company offered her a laughable Liebeck’s groin, almost killing her. When this
Inspired by Bon Appétit Magazine
The Juicy Lucy is a burger with cheese hiding in the patty, and it is a staple in Minnesota. We think it should be a Fourth of July favorite nationwide.
INGREDIENTS
•
2 lbs. ground chuck beef, 20% lean 8 slices melting cheese (like American, Swiss, Muenster, or cheddar)
• • •
16 small potato rolls, toasted Salt and pepper, to taste
•
Your favorite burger accompaniments
DIRECTIONS
$800. Because of product liability law, Liebeck was able to take McDonald’s
1.
Divide beef into 16 evenly sized balls.
2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.
to court, where a jury found the restaurant chain liable for $2.9 million in damages, an amount equal to one day’s worth of McDonald’s coffee sales.
SPEAK UP Don’t pay the price for a company’s negligence. If you have been injured by a defective product, expert product liability lawyers, like our team at Alex R. Hernandez Jr. Trial Lawyers PLLC, can help you hold the responsible parties accountable.
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INSIDE
1. Fireworks, Barbecues, and Reflections
2. Did You Hear About the Dog Food Burglar?
2. Think Twice Before Committing a DWLI
2. Defect Dangers
3. Juicy Lucy Sliders
4. Eat Seasonally This July
ZUCCHINI, AVOCADO, AND SWISS CHARD—OHMY! skillet bowl. Even better, add some corn to your fresh salsa to add an extra zing to your tacos. Regardless of how you utilize them, zucchini and corn are sweetest, juiciest, and freshest during July.
When you eat something during its harvesting season, you get the most out of your meal. In-season fruits and vegetables are more nutrient- dense than their out-of-season counterparts, and there’s no matching the flavor profile of fresh, in-season produce. Even better, because in-season foods are so bountiful during their peak, you can save a lot of money by shopping with the season. This July, enjoy some tasty foods during their prime with this handy guide. Avocado toast lovers rejoice! Your season is here. Avocados are in season during July, joining many other fruity favorites. Gorge yourself on scrumptious blackberries, sweet strawberries, and bountiful tomatoes. Don’t forget about the cherries and blueberries, too! Because these fruits are so plentiful this time of the year, it’s easy to find ingredients for your favorite recipes. Host a Latin-inspired foods night with fresh guacamole and salsa, or make a delectable shortcake with a blackberry and strawberry mixture on top. FRUITFUL HARVEST
GO GREEN
Filling your plate with plenty of greens is never easier than in July. Pick up a bundle of spinach, arugula, lettuce, Swiss chard, or any other leafy green, which are all juiciest and freshest during July. Cucumbers and green beans are bountiful this time of the year, as well. This July, add some fresh flavor to your water with cucumbers or create hearty salads with any of the leafy greens mentioned above. After all, there’s no better way to celebrate the middle of summer than by consuming its most delicious foods.
GRILL GAME SO STRONG
There’s no better time to fire up the grill than July, and not just because of the weather. Zucchini and corn reach their peak during July, and these grilling favorites pair well with steaks, burgers, hot dogs, or fish. Go low- carb by stuffing your zucchini with vegetables and a protein for a charred
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