Alex R Hernandez Jr - September 2019

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TEXAS TRIAL LAWYERS REVIEW

SEPTEMBER 2019

SAN ANTONIO | AUSTIN | EDINBURG | HOUSTON | LAREDO | DALLAS | EL PASO | CORPUS CHRISTI

A Taste of Home

Preserving Texan Flavors

One of the best parts of my job is getting to travel all over Texas. This state has so much to offer in terms of scenery, culture, and food. Just getting to know the different styles of Texas cooking can feel like a journey in itself. But, as much as exploring new flavors can be an experience, there really is no taste like home. Being from Port Lavaca, seafood is always going to be my top pick when it comes to where to eat. From Corpus Christi to Port Arthur, you can’t beat the flavors you’ll find on the Gulf — let Austin and Dallas keep their barbecue and Tex-Mex dishes. As great as these may taste, I can’t go very long without fresh fish and Cajun spices. Living on the Gulf, you can’t really afford to have a favorite dish. It really matters what the catch of the day is and which sea-life is in season. I prefer this; it keeps things from getting bland. Our flavors in this part of the country really do shift with the tides. That being said, I do have some old standbys I’m always more than happy to return to. Gumbo is chief among these. It’s hard to say no to a spicy bowl of shellfish, peppers, rice, and sausage regardless of whatever else is on the menu. And so many recipes exist — there’s almost no wrong way to do gumbo. I say “almost” because a few places serve the dish cold. I’ve taken many tough cases as a lawyer, but chilled gumbo is one crime I could never bring myself to defend.

I have one caveat when it comes to Gulf food. As strange as it is to admit, I’m not a fan of oysters.

Yes, it’s what most people come to the

Texas coast to try, but the flavor and texture just aren’t for me. Still, when they have other options on the menu, few restaurants can top a homegrown oyster bar. I don’t eat out often, but when I do, I like to keep it local. It’s the best way to get those real, authentic south Texas flavors. In Corpus Christi, for example, I love to swing by Waterstreet oyster bar. Sure, I never order their specialty, but,

between their shrimp offerings and mesquite-grilled catch of the day, I always find something delicious.

Of course, there’s always going to be rivalries between which food is the most “Texan,” and everyone has their favorites. But, even if you’re a diehard barbecue fan, I think we can all agree that food has a real power to bring people together. We’re lucky to have such a diverse heritage of flavors and cooking styles all packed into the Lone Star State. By eating local and passing on our own recipes to our kids, we can keep these proud traditions alive. –Alex R. Hernandez Jr.

When it comes to shellfish, it’s hard to beat The Boiling Pot in Rockport. Located along Fulton Beach, this is your classic, sandy beach shack complete with palm trees and outdoor dining. Don’t let the humble exterior fool you; their crab and crawfish are some of the best you’ll find outside of New Orleans.

“It’s hard to say no to a spicy bowl of shellfish, peppers, rice, and sausage ... ”

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Uber Accidents

A Painful Crash and a Legal Headache

Normally, we rely on rideshare apps like Lyft or Uber to get us home safely. Maybe you had one too many at a friend’s birthday party or have a medical condition that temporarily keeps you from driving. Whatever the case, these services are a big help when you can’t get behind the wheel. But rideshare drivers are human (for now) and make human mistakes. So, what happens when your Uber driver gets in an accident?

WHO’S AT FAULT?

Here’s the honest answer: It’s complicated. The laws surrounding insurance liability and rideshare companies is continually shifting as lawmakers try to adjust to this new, sparsely regulated type of service. If your driver wasn’t the one at fault, then you should be facing an ordinary personal injury claim. But, if the driver did have a hand in the accident, you may be caught in a legal battle with a powerful Silicon Valley corporation.

In 2002, the quaint town of Reed Springs, Missouri, declared bankruptcy. The hard decision came after the town was forced to pay $100,000 to Sally Stewart, a woman who sued Reed Springs after she tripped over a pothole during a shopping trip. News of a greedy woman ruining a small village to make a quick buck sparked outrage across the country. But Stewart wasn’t the real villain of this story. A little digging into this case reveals a much deeper conspiracy. Stewart had been visiting Reed Springs in 1998 when she tripped on a pothole hidden beneath some overgrown grass on the sidewalk. But this was no small stumble. Stewart tore two ligaments in her ankle and had to undergo surgery. To help pay for the medical bills, Stewart, who’d never sued anyone before, initially filed a personal injury lawsuit against the owners of the store in front of the pothole. However, the Missouri Court of Appeals determined the city of Reed Springs was liable for Stewart’s injuries. The court ordered Reed Springs to pay Stewart $100,000, over half the city’s annual budget. Despite the high price tag, in normal circumstances, this verdict wouldn’t have forced Reed Springs to declare bankruptcy because the town’s insurance would have covered the bill. Unfortunately, at the time of Stewart’s accident, the mayor of Reed Springs was a corrupt man named Joe Dan Dwyer. Dwyer left office while being investigated for insurance fraud, child pornography, statutory rape, witness bribery, and perjury, and he was later sentenced to seven years in federal prison. Among his many indiscretions, Dwyer also let the town’s insurance policy lapse. Reed Springs didn’t have insurance when Sally Stewart got hurt, which is why they had to write a check out of their own budget and ultimately declare bankruptcy. In this case, what started as a simple pothole accident quickly unveiled the lasting damage of an unscrupulous politician. Perhaps this case serves as a reminder about why it’s important to vote in local elections. WHAT HAPPENED IN REED SPRINGS? How a Small Town Went Bankrupt Over a Pothole

CAN’T I JUST SUE THE DRIVER?

Even if you attempt to hold the driver, and not their company, accountable, you’ll likely face a very difficult battle. Many insurance policies have clauses exempting any damages caused by commercial use of the vehicle, meaning the driver’s personal injury coverage may be void. In these situations, you have little choice but to hold the rideshare company’s insurance accountable or else go without compensation for your injuries. More Than ‘Part of the Job’ When Refinery Catastrophes Strike As anyone with a refinery worker in the family knows, it takes a lot to keep the lights on. The oil and gas industry may pay top dollar for these workers, but, when compared to the dangerous work these men and women have to do every day, some argue it’s not enough. While working long hours next to hazardous substances, often in stressful situations, a lot can go wrong. Unlike most workplaces, carpal tunnel and back pain aren’t the primary injuries at oil and gas refineries. Instead, workers face sustained brain injuries, damaged spinal cords, second- and third-degree burns, and any of a multitude of wounds that could result when explosive fumes ignite. At the beginning of this year, a refinery contractor in Houston was caught in a blast and impaled by a pipe. Workers are lucky to survive these sorts of incidents, let alone be in a condition to return to work. COMMON INJURIES

WHAT YOU CAN DO

When your loved one is injured at a refinery, the world can feel like it’s turning upside down. How will you afford their medical bills? Are they ever going to be able to return to work? Will they ever recover? It’s easy to feel powerless in

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TAKE A BREAK

SO AM I HELPLESS?

CLASSIC APPLE CRISP

No! Being in a crash where a rideshare driver was at fault is definitely a complex situation, but it isn’t one an experienced personal injury lawyer can’t tackle. Because of the shifting nature of the law regarding rideshare accountability, you’ll want a team in your area that knows the latest developments. Furthermore, since Uber and Lyft insurance agencies spare no expense when it comes to their legal team, you’ll want an advocate who has gone up against some of the biggest corporate interests in the country. If you’ve been in one of these complex crashes, we can help. Pick up the phone and call 361-792-3811.

Inspired by Food Network

What do you do when apples are in season but you don’t have time to make a pie? You opt for a crisp, of course.

INGREDIENTS

Filling: •

Topping: •

5 lbs Granny Smith apples, peeled, cored, and chopped

3/4 cup all-purpose flour

1/3 cup brown sugar

1/4 cup pecans, finely chopped

1/4 tsp ground cinnamon

3 tbsp all-purpose flour

1/4 tsp salt

2 tbsp maple syrup

6 tbsp chilled butter, cut into pieces

this situation, but the law is on your side. By reaching out to a personal injury attorney, you can find the means to hold the oil and gas industry accountable for your loved one’s injuries.

1 tbsp lemon juice

1/4 cup pecans, coarsely chopped

DIRECTIONS

WHAT A LAWYER CAN DO

1. Heat oven to 350 F.

An experienced Texas personal injury attorney will be well-versed in the Occupational Safety and Health Administration (OSHA) guidelines for a safe work environment, as well as the operating conditions at oil and gas refineries. They and their experts can conduct an independent investigation to identify the cause of your loved one’s accident and determine whether corporate negligence played a role. Don’t let oil and gas companies cut corners at the expense of your family. Lawyers like Alex R. Hernandez Jr. are here to help you stand up for those you care about.

2. In a mixing bowl, mix all filling ingredients together. Transfer to individual serving ramekins.

3. In a different mixing bowl, combine flour, sugar, cinnamon, and salt for the topping. Mix in butter until it forms lumps roughly the size of a pea, then stir in pecans. Sprinkle topping over filling.

4. Bake for 35–40 minutes, let stand for 10 minutes, and serve.

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

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921 N. Chaparral, Suite 100 Corpus Christi, TX 78401

INSIDE

1. Preserving Texan Flavors

2. A Surprising Reason for Bankruptcy

2. Know This Before Getting a Lyft

2. Refinery Blasts and Other Dangers

3. Classic Apple Crisp

4. Celebrating Math and Puzzles

INTERNATIONAL SUDOKU DAY OBSERVING SUDOKU

International Sudoku Day brings puzzle and math lovers together to enjoy the perfect in-between! Specifically chosen on Sept. 9 by the World Puzzle Federation, this holiday is the perfect opportunity to celebrate the beloved 9x9 puzzle game.

Celebrating this holiday has never been easier! Grab a Sudoku book, magazine, or newsletter and start solving! The best thing about Sudoku is that the puzzles can be done anywhere: while you’re enjoying breakfast, during a lunch break at work, or while you’re relaxing at home. They can also be done in one sitting or over an extended period of time. Filling out a puzzle doesn’t have to be an individual task, either. Challenge family or friends to see who can finish a Sudoku the quickest or work on one together.

HISTORY OF SUDOKU

One of the first mathematical puzzles was published in “La France,” a French newspaper, in 1895. However, the puzzle we now see in newspapers, Sudoku books, and newsletters wasn’t invented until 1979 by Howard Garns. Originally published in “Dell Pencil Puzzles and Word Games” magazine, Garns named it “Number Place.” It was later given the name “Sudoku” in 1984 when it was published in Japan. However, the puzzle didn’t catch the interest of Americans until 2004, when it began to be regularly published in newspapers.

INTERESTING FACTS

Pick up a few Sudoku puzzles today and start solving!

The name “Sudoku” is short for the Japanese expression “sūji wa dokushin ni kagiru,” which translates to “the numerals must remain single.” In Japan, Sudoku quickly became very popular, mostly because it’s so much easier to play than other puzzle games like crosswords. Sudoku continues to be a popular puzzle choice in Japan where, according to Sudoku.com, over 600,000 Sudoku magazines are purchased every month.

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