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TEXAS TRIAL LAWYERS REVIEW
OCTOBER 2019
SAN ANTONIO | AUSTIN | EDINBURG | HOUSTON | LAREDO | DALLAS | EL PASO | CORPUS CHRISTI
The Right Kind of Thrills
My Love of Motorcycling
As hard as it is to believe, Halloween is right around the corner. My kids are well past the age for trick- or-treating, but watching the spooky decorations going up around my neighborhood still makes me nostalgic for those days. More than the candy or costumes, my favorite part of this holiday is the underlying idea that you should confront your fears and rush into exhilarating situations. This is something I had no problem doing while I was growing up. Believe it or not, I used to be a real daredevil. It all started when I was just 9 years old and my parents gave me quite the surprise — my very own dirt bike. To some of you, putting a child on a motorcycle might sound unthinkable, but my father was a lifelong rider and understood the value of teaching me to ride while I was young and fearless. That said, my father and I come from very different generations. While he’s always been content to cruise down the open Texas highways, I took to the more extreme elements of biking — motorized or not. I got into BMX and motocross riding as a kid, going off jumps and doing high-risk stunts. I loved the thrill of racing up a ramp only to hang in midair before the world rushed to meet me. Of course, as I grew, so did my taste in motorcycles. In high school, I had one of those little pocket bikes, but I upgraded to a Honda 750 in college. Having that extra horsepower and feeling the freedom of the open road was definitely a rush, so, by the time I was out of school and ready to make my way in
the world, I was riding a Harley Davidson.
Even with the demands of starting a law firm, I tried to find the time to get out and ride whenever possible. The great thing about Texas is it’s motorcycle season year-round, so at a moment’s notice, I could don my riding jacket and head out. When I had the time, I loved making my way up to the winding hill roads north of San Antonio. Nothing
compares to the freedom you feel curving down those highways with nothing but your bike between you and the pavement. Of course, my riding days are over. Getting married, starting a family, and signing life insurance forms has a way of keeping you from dangerous stunts. I have people who depend on me and my health, so I hung up my riding leathers and focused on being a father. Not everyone chooses to make this call, of course — my own dad did a great job raising my sister and me while remaining a lifelong motorcyclist. In fact, he still has his 90cc bike today.
concerns. I understand the allure of the open road despite how risky motorcycling can be. My firm and I may not be able to shield you from the inherent risks to your physical health, but we can protect your rights if you are caught in an accident. The fear of financial ruin, thanks to another driver’s negligence, isn’t exactly as thrilling as racing toward a motocross ramp.
So, in the spirit of Halloween, here’s to the good scares and thrills people seek out.
Ride safely,
The silver lining is I get to help protect motorcyclists and drivers alike who may be facing those same
–Alex R. Hernandez Jr.
“... by the time I was out of school and ready to make my way in the world, I was riding a Harley Davidson.”
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Tips for Motorcyclists Safe Riding
As Alex mentions on the cover, our firm is no stranger to motorcycles. We’ve proudly represented riders and their families after an accident and understand the unique dangers these men and women face. The truth is, most drivers don’t pay enough attention to motorcyclists, leading to many preventable collisions. But that doesn’t mean your safety is completely out of your hands. BE VISIBLE While drivers need to do a better job watching for motorcyclists, riders should do all they can to be seen. As cool as black leather biking jackets are, they can make you almost invisible once it gets dark. Thankfully, reflective patches you can sew right into your riding gear make sure anyone in front or behind you knows exactly where you are. BE SAFE Catastrophic injuries are painfully common in motorcycle accidents. When a car slams into an unprotected human body at high speed, a lot can go wrong. Still, wearing the right protective gear gives you the best possible chance of avoiding the worst. That means wearing helmets, gloves, boots, and proper riding pants. BE PREPARED The best riders in the world can’t always avoid or predict an accident. Your best hope of recovering after a crash is to have a game plan if one occurs. Riding with at least one other person on a separate bike, or letting loved ones know you are out riding and when they can expect you back, is a good Keep Halloween the Right Amount of Spooky It’s the spookiest time of year, and many young ghosts and goblins are going to be taking to the streets looking for candy at the end of the month. While these creatures may just be kids in costumes, one real threat needs to be taken seriously during all the fun — road safety. More children are struck by moving vehicles on Oct. 31 than any other time of year. Here are some tips to keep children safe on their hunt for sweets. A GOOD COSTUME IS A VISIBLE COSTUME Part of what contributes to many Halloween accidents is how hard it is to see certain costumes at night. Lots of grim characters wear dark robes or jet-black suits making their wearers nearly invisible once the sun goes down. If this describes your child’s costume, find creative ways to add some noticeable flair to their outfit. At the very least, put some reflective tape on the clothing and consider making this trick-or-treater the designated flashlight holder. EVEN VAMPIRES HAVE TO LOOK BOTH WAYS In all the excitement that comes with getting free candy, some kids may forget to look both ways before darting across a street or driveway to get to the next house. Chaperones should frequently remind kids to watch where they are going and keep younger children close at hand. Those trick-or-treaters who wear masks or hoods as a part of their costume should remove them while going house to By Following These Safety Tips
We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention. HALLOWEEN DECORATIONS OR FIGHTING WORDS? A Grave Legal Matter Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest. THE VERDICT Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances. The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.” “Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”
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TAKE A BREAK
LEFTOVER CANDY SNACKMIX
way to make sure your interests are being looked after in the event you lose consciousness in an accident. Having a first-aid kit and emergency contact numbers in your saddlebag is also a good idea. If you have any allergies to medications or other medical concerns, keep a record of those inside your riding jacket. We understand the risk involved with motorcycling is part of the appeal. It’s what makes it exciting and liberating for many people. But you can find a balance between the freedom of the open road and the confidence that comes with making smart decisions for your safety.
Inspired by Food & Wine Magazine
This recipe from Momofuku Milk Bar chef and “Master Chef” judge Christina Tosi makes great use of those extra Halloween goodies. It’s a quick and easy way to both elevate and get rid of unwanted leftovers.
INGREDIENTS
•
2 cups mini pretzels, coarsely broken
•
6 tbsp unsalted butter, melted
•
12 oz mini candy bars, such as Snickers, chopped into 1/2-inch pieces
•
1/4 cup light brown sugar
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2 tbsp granulated sugar
•
1/3 cup dry milk powder
DIRECTIONS
1. Heat oven to 275 F.
house — they limit peripheral vision and may make it hard to notice when a car is approaching.
2. In a large mixing bowl, fold together pretzels, sugars, milk powder, and butter.
3. Spread mixture on a baking sheet lined with parchment paper and bake for 20 minutes.
BEWARE THE DOG Cars aren’t the only threat to trick-or-treaters. In your travels, you may encounter a few neighborhood dogs, usually at the front door. Even if the owners insist these pooches are friendly, it’s best to avoid petting them. Between the costumes and constant hordes of visitors, even the most mild-mannered dogs can be set on-edge. The last thing you want is for your Halloween to end with a painful bite and a trip to the hospital.
4. Let cool for at least 30 minutes and mix in candy bar pieces before serving.
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INSIDE
1. The Biker-Turned-Lawyer
2. Grave Matters of the Law
2. Can You Stop a
Motorcycle Accident?
2. Threats to Trick-or-Treaters
3. Leftover Candy Snack Mix
4. Avoid Getting Your Hands Dirty This Halloween
NO-CARVE PUMPKIN DESIGNS! COLORFUL PAINT
Jack-o’-lanterns go hand-in-hand with Halloween, but digging through the inside of a pumpkin is not something everyone enjoys. If you aren’t keen on cutting open a pumpkin, here are a few no-carve ideas you can try this Halloween!
Painting your Halloween pumpkins gives everyone a chance to participate. Be creative by using different designs, cutouts for silhouettes, drip paint to create a marble design, or nail polish and water to give white pumpkins a unique and vibrant look. By adding a witch hat, wrapping a pumpkin in cheesecloth, attaching spider legs, or tying on a vampire cape, you can create a pumpkin version of the most popular Halloween monsters. Along with these accessories, you can also use paint, construction paper, and other craft materials to add the details that will make your creation pop! For more detailed directions for these pumpkin designs and more ideas, visit WomansDay.com. A SPOOKY MONSTER
HAUNTED HOUSE
Take a few pumpkins, stack them on top of each other, and create a spooky pumpkin haunted house! Then, use paint, balsa wood sheets, and hot glue to create silhouettes, ghosts, windows, and doors for a haunting effect!
CREATIVE WITH STRING
Use cotton twine and hot glue to create a web-like design on the surface of your pumpkin. Don’t forget to add a few plastic spiders! You can also use string art to create ghostly words or images. Lay our your design with small pegs or nails and wrap the string around them to reach your desired effect.
NOTHING BUT NET
You can create eerie pumpkins using fishnet stockings. Spray-paint your pumpkin if desired — just make sure the design of the stockings will stand out. Once the paint is dry, cut the legs off the stockings, slide the pumpkin inside, remove the extra fabric around the stem, and use hot glue to secure it.
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