Law Offices of Patrick R. Kelly - April 2025

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April 2025

Expressway Tower • 6116 N. Central Expy., #1201, Dallas, TX 75206 • 214-682-7132 Alps Building — Historic Stockyards • 222 W. Exchange Ave., Suite 106, Fort Worth, Texas 76164 • 817-382-8387 The Truth About Dog Bite Cases

Protect Yourself Legally — Whether You Own a Dog or Were Bitten

Every April, National Dog Bite Prevention Week serves as a reminder that dog attacks are more common than most people think. According to the Centers for Disease Control and Prevention, an estimated 4.5 million dog bites occur in the U.S. every year, and tragically, with an average of 16 fatalities as a result. Children are particularly vulnerable to severe injuries, but despite these alarming numbers, many personal injury lawyers won’t take on dog bite cases. Why? Because Texas law makes them notoriously difficult to win. Texas follows what’s called the “One-Bite Rule.” In simple terms, if a dog has never bitten or shown aggression, the owner usually can’t be held liable for the first attack since they were likely unaware of the risk. The law assumes that, without prior knowledge of a dog’s dangerous tendencies, an owner isn’t at fault. That makes proving negligence incredibly tough. Even when a dog does have a history of aggression, the owner will often deny it, leaving victims and attorneys to dig for evidence — police reports, open records, and witness statements from neighbors — all of which can be hard to track down. That’s why I take a different approach. While proving prior aggression can be challenging, most Texas cities have strict leash laws. Many dog bites happen when a pet is off-leash, roaming a neighborhood, or escaping from a yard. If the owner fails to restrain their dog properly, that violation alone can establish negligence. Courts are

far more likely to hold an owner responsible for breaking leash laws, making this a key angle I use to fight for my clients. Insurance coverage is another major roadblock in dog bite cases that causes many lawyers to look the other way. Many dog owners don’t have the personal assets to compensate victims, which means the payout has to come from homeowners’ insurance. The good news? Many policies do cover dog bites, regardless of where the attack occurs. The bad news? Some insurers exclude specific breeds — often based on stereotypes and statistics. I’ve seen policies that refuse to cover Pit Bulls, German Shepherds, Rottweilers, Chow Chows, and even Huskies. But the truth is that most of a dog’s behavior is shaped more by training, environment, and responsible ownership than by their breed alone. I know this firsthand. I own Boykin Spaniels, which many consider cuddly family dogs who prefer hanging out with their owners. But mine were explicitly bred from hunting lines designed for bird hunting, so they have a high prey drive. That instinct has developed through generations of selective breeding — just like some dogs were once bred for guarding, protection, or even fighting. The real issue isn’t the breed but how the owner trains, socializes, and manages the dog. While one Boykin Spaniel might seem uninterested in a bird in its eyeline, mine would leap into action to hunt. So, you have to watch them

to make sure they are using what they are designed for when and where appropriate. The same logic applies to all breeds. For dog owners, my advice is simple: Check your homeowners’ insurance. Ensure your policy covers dog bites — no matter how friendly your pet seems. You never know how an animal will react under stress, and you don’t want to be left paying out-of- pocket if something goes wrong. For victims, if you or a loved one has been bitten, don’t assume you don’t have a case. Dog bite injuries can be devastating, requiring surgery, physical therapy, and emotional recovery. Even though these cases can be complex, they’re not impossible to win — and I’m here to fight for the compensation you deserve.

– Patrick R. Kelly

WE WANT YOU TO CONSIDER US YOUR LAW FIRM. While we specialize in bodily injury cases, we are happy to refer you to a firm that can help you with any legal issue that may arise. Please feel free to refer us to your friends and family for their legal needs. We look forward to helping you.

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SCIENTISTS’ SURPRISE: STUDENTS SERVED RADIOACTIVE OATMEAL GOING DANGEROUSLY ROGUE

Students at a state special-needs school in Massachusetts decades ago flocked to join the school’s Science Club, lured by gifts, promises of field trips, and hopes of emotional support from the scientists in charge. What they received instead was a daily dose of radioactive oatmeal. As part of a secret experiment by the Quaker Oats Company and the Massachusetts Institute of Technology (MIT), dozens of boys at Fernald State School during the late 1940s and early 1950s were fed oatmeal laced with radioactive tracers. The goal was to study their bodies’ absorption of iron and calcium and prove the cereal’s nutritional benefits. Some boys also were injected with radioactive calcium.

10–17 were eager to join the Science Club mainly for the perks enjoyed by members. Boyce, who was sent to the school after his parents abandoned him, also hoped the scientists might intervene on the students’ behalf and report dismal conditions at Fernald, where students, many of whom were mentally disabled, were abused and treated brutally. Boyce and others received no help from the scientists, however, and weren’t even informed they were subjects of a scientific experiment until more than 40 years later.

objections at the time. At the dawn of the Atomic Age, most Americans saw science as a powerful force for progress — the Atomic Energy Commission approved dozens of human experiments with radioactivity. The importance of ethics review boards and informed consent of research subjects was nowhere on scientists’ radar at the time. Not until 1972, when the Associated Press reported on a Tuskegee Institute study in which Black men with syphilis were promised treatment they never received, did Congress finally pass legislation protecting people from unethical research. Scientists later determined the boys at Fernald didn’t suffer serious health effects; one said the exposure was about the same as 30 chest X-rays. For students like Boyce, however, the injuries ran deep. Thirty former Fernald students later sued Quaker Oats and MIT and were awarded $1.85 million in a 1998 settlement.

“We didn’t know anything at the time,” Boyce told Smithsonian magazine.

“We just thought we were special.”

The study at Fernald,

originally named the Massachusetts State School for the Feeble-Minded, was led by an MIT professor of nutrition. No one raised

A student named Fred Boyce and about 70 other boys ages

Please Don’t Be Used Against Me in Court Dear Diary,

Many of us have fond memories of writing in diaries or journals throughout our youth. We would share our thoughts and feelings in a book we would keep hidden from friends, family members, and others. It was our sanctuary where we could be ourselves without worrying about judgment or embarrassment. You may even remember the feeling of rage or hopelessness when you spotted your brother or sister holding your diary. Thankfully, there usually wasn’t anything too incriminating in our teenage diaries, and some of us have continued the practice well into adulthood. However, a recent news story proves we should be cautious about the information we share in our private journals.

incident and looking into Vanessa Guerra, a suspect in the case, a law enforcement officer allegedly found her diary. He flipped through the pages, looking for any information that would catch his eye, when he stumbled upon an entry from Aug. 12, the same day a 2004 Ford Freestar van was stolen and resold at an auto salvage business. “Totally stole a car today! Something I never thought of doing,” Guerra allegedly wrote in her diary. Guerra was charged with receiving stolen property and theft, although she claims she didn’t know the vehicle was stolen. However, workers at the auto salvage business informed law enforcement they recognized Guerra as the seller of the stolen vehicle.

Most people will probably not blab to others about crimes they have committed, especially if they are currently unsolved. This case reminds us to be just as cautious about what we write in private journals. While your diary may be your safe place to share your innermost thoughts and feelings, your entries could come back to haunt you if you’re involved in a criminal case, especially if you blatantly admit to the crime.

Last year, a Minnesota woman was arrested for auto theft. While investigating the

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Unpack Parenting’s ‘Mental Load’

TAKE A BREAK

Finding Peace in Modern Parenting

Parenting is a labor of love, but let’s face it — sometimes, it just feels like labor. The mental load of raising kids and running a household creates a constant to-do list in your head: planning parent-teacher conferences, organizing meals, managing schedules, and worrying about everything in between. With nearly half of parents saying their stress is overwhelming, it’s clear we’re carrying more than we can handle. But the good news is that you don’t have to carry it alone. Forget the Instagram Fantasy We’ve all been there — scrolling through picture-perfect family photos on social media and wondering how everyone else makes parenting look so effortless. But let’s get real. No one’s life is as polished as their posts. Instead of measuring yourself against unrealistic standards, focus on what makes your family happy and healthy. Spoiler alert: It’s not homemade Pinterest lunches or spotless playrooms. Find Your Village (and Use It!) Parenting wasn’t meant to be a solo sport. Whether it’s friends, family, or other parents, building a strong support system can make all the difference. And if you have a

partner, open conversations about sharing the workload can lighten the load for everyone. Remember that asking for help isn’t a sign of weakness; it’s a superpower. Perfect Is Boring — Be Real Instead Let go of the idea that you need to be the perfect parent. Perfection is overrated and impossible.

Classic Fish Fry Inspired by FoodNetwork.com

Ingredients

• Vegetable oil • 2 lbs fresh cod • Salt and pepper, to taste • 1/2 cup all-purpose unbleached flour • 2 large eggs

• 2 tbsp water • 2 cups plain bread crumbs • 1/2 tsp mustard powder • 1/4 tsp cayenne pepper • Lemon wedges

Life throws curveballs, and part of raising resilient kids is showing them how to handle challenges without losing your cool. Be kind to yourself, and embrace the “good enough” mindset. You don’t need to do it all, and your kids don’t need you to be flawless — they need you to be present. Go From Overwhelmed to Empowered The mental load of parenting will never disappear entirely, but it doesn’t have to weigh you down. When you ditch unrealistic expectations, lean on your village, and embrace imperfection, you can find more balance and joy in the chaos. Parenting is messy, exhausting, and sometimes downright hard — but it’s also beautiful, rewarding, and full of unforgettable moments. So, take a deep breath, give yourself some grace, and remember: You’re doing a great job. You’ve got this.

Directions 1. Pour 2 inches of vegetable oil into a large skillet over medium-high heat. 2. Cut cod into 4 servings and season with salt and pepper. 3. Place flour into a pie tin. Whisk egg and water in a second pie tin. Combine bread crumbs, mustard powder, and cayenne in a third pie tin. 4. Coat your fish in the flour tin, then the egg tin, then the bread crumb tin. 5. Set coated fish in hot oil and fry for 5 minutes on each side. 6. Serve with lemon wedges and enjoy!

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6116 N. Central Expy. #1201 Dallas, TX 75206

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INSIDE THIS ISSUE

1

Why Patrick Takes Dog Bite Cases Other Lawyers Won’t

2

A Chilling Tale From the Annals of Science

When Your Diary Becomes Evidence

3

Classic Fish Fry

The Mental Load of Parenting: You Don’t Have to Carry It Alone

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A Pizza Delivery Nightmare in Florida

When Delivery Disputes Go Too Far A $2 TIP TURNS VIOLENT

What started as a birthday celebration for a 5-year-old girl quickly took a dark turn when a Florida delivery driver stabbed a woman multiple times over a bad tip. According to court documents, the December 2024 incident occurred at a Central Florida motel where the victim, her boyfriend, and daughter were staying. The Incident After placing a $33 delivery order from Marco’s Pizza, the victim, Melinda Irizarry, tipped the delivery driver $2. Dissatisfied with the tip, the driver, 22-year-old Brianna Alvelo, reportedly returned to the motel with an unidentified male. Alvelo and her accomplice allegedly forced themselves into Irizarry’s motel room, brandishing a revolver. The attackers forced Irizarry’s boyfriend into the bathroom, and Alvelo produced a pocketknife before rummaging through the group’s belongings. Irizarry turned

to shield her daughter and reached for the motel phone when Alvelo allegedly began attacking her with a knife, inflicting multiple stab wounds to her legs, arms, chest, and abdomen. The attackers fled the scene, and Irizarry was taken to a local hospital. In addition to 14 stab wounds, Irizarry suffered a ruptured lung during the attack. While receiving treatment, she also discovered she was pregnant. Alvelo was later arrested and charged with multiple counts, including attempted murder, kidnapping, and home invasion with a firearm. Her accomplice remains at large. Unusual Nature of the Case This case stands out not only for its brutality but also because it flips the typical narrative involving delivery drivers. According to the Bureau of Labor Statistics, delivery drivers are more at risk of assaults

than other professions. While disputes over tips are not unheard of, they rarely lead to violence. However, reports of assaults among delivery workers, particularly in the gig economy, are surprisingly common. Studies show that 1 in 5 food app workers are assaulted on the job, and over one- third of delivery drivers feel unsafe. Regardless of who is on the receiving end, cases like these underscore how everyday activities can lead to life-altering events with serious consequences for all involved. Always be vigilant.

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