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TEXAS TRIAL LAWYERS REVIEW
JUNE 2019
SAN ANTONIO | AUSTIN | EDINBURG | HOUSTON | LAREDO | DALLAS | EL PASO | CORPUS CHRISTI
Studying, Sacrifice, and Joy
Lessons From My Father
I wouldn’t be where I amwithout my father. Having been an attorney, and working now as a sitting judge, he was my single biggest inspiration to pursue a career in law. Not only did I get an inside look at the life of a lawyer growing up, but I also saw the struggle and sacrifice it took to become one. My father had just graduated high school when my sister and I were born. During our younger years, we saw himwork his way through law school —going to class, studying, and bagging groceries to pay for his education. Sometimes my sister and I would tag along with him. It gave us an opportunity to see things like the Northwestern University legal clinic and mess around among the shelves of leather-bound books. Back then, I was too young to understand what a lawyer was or why my dad was studying to be one. All I knew was it looked difficult. It wasn’t until my father got his first job as a corporate lawyer that I began to piece together what he’d been striving to achieve. He was hired by Zapata Corporation, one of George Bush’s oil companies, which meant we were moving to Houston. Seeing where he was working, in the heart of the city in a huge skyscraper, I realized just how far my father had come from bagging groceries. From that moment on, I understood the value of a good education. That lesson my father taught me was one he learned from his father. My grandfather worked as a custodian for most of his life and always emphasized this lesson to my father, saying,“Once you get an education, everything falls into place.”I know his advice and encouragement were a big source of support for my father, who provided the same to my
sister and me. Now, I try my best to do the same for my kids. I know frommy father’s example just how far learning can take you. As I’ve mentioned in past newsletters, my father’s work eventually took us to ARAMCO in Saudi Arabia where he really made a name for himself as a lawyer. After returning to the states, he went into private practice in Port Lavaca and Victoria, then becoming the first Hispanic County Judge for Calhoun County and now sitting as the County Court at Law Judge. Considering he moved to this country from north Mexico when he was just 15 years old, my father
certainly embodies the American dream. But more than the importance of education or the intricacies of being a lawyer, my father taught me to find joy in life. Sure, he may be stern when he’s on the bench, but outside of court, he’s all smiles. He’s quick with a joke, loves to laugh, and always finds time for his friends and family. This is especially true when it comes to enjoying the great outdoors. My father loves to fish, and I’m grateful to live close enough to get out on the water with him.
Happy Father’s Day,
–Alex R. Hernandez Jr.
“I was too young to understand what a lawyer was or why my dad was studying to be one. All I knew was it looked difficult.”
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Teens Are Taking to the Roads
What Parents Need to Know
School’s out for summer, and teens are sure to be enjoying their extra free time. However, if you’re a parent to one of these students, it’s best to give them a talk about road safety and responsibility. The number of young drivers involved in serious accidents skyrockets this time of year. But by knowing the risks, you can keep your child from being a part of these frightening statistics. LET’S TALK ALCOHOL The numbers don’t lie — 12.6 percent of Texas high schoolers reported drinking and driving in 2011, one of the highest rates in the country. That’s why it’s so important to talk to your teen about the risks of drinking and driving. Not only could they be charged with a serious crime, affecting their chances of employment and getting into college, but they are also far more likely to cause a deadly accident. Even if you are confident your teen doesn’t drink, this is a worthwhile conversation to have — they can act as a deterrent for their friends who might make the mistake of getting behind the wheel. DNT TXT N DRV Distracted driving is a huge problem for adults and teens alike. But the inexperience of young drivers combined with social pressures makes this a particularly dangerous risk. Texting, checking social media feeds, taking selfies, and making calls can all lead to serious accidents. There are apps like OMW and It Can Wait that can remove the temptation, but it’s also important to emphasize to your teen that multitasking while driving is never worth it. Construction Injuries Know the Cost With summer comes peak construction season. Soon, many Texans will set out to support their families —donning their hard hats, harnesses, and reflective vests. But sometimes this safety equipment isn’t enough. When fellow workers, foremen, or safety officials cut corners or fail to follow strict safety guidelines, catastrophic injuries can occur. COMMON CONSTRUCTION-RELATED INJURIES Anything from improperly secured scaffolding to machinery and crane accidents can lead to life-altering injuries that can threaten your family’s livelihood. Broken bones, electrocution, severe burns, loss of limbs, traumatic brain injuries — the cost of these wounds goes well beyond hospital bills. Worse still, these sorts of severe accidents are painfully common. DEADLY STATISTICS According to the Occupational Health and Safety Administration (OSHA), more construction workers die on the job in Texas than in any other state. On top of that staggering statistic, there are those who survive their workplace accidents but have to live with their injuries for the rest of their lives. In either case, it’s important for families to seek compensation from the negligent person(s) responsible.
LAWSUITS FROM BEYOND Let’s HopeThere’s a Courtroom in the Afterlife
We pride ourselves on being a country where everyone receives a fair trial. And while that’s not always the case, even the craziest claims still have to be heard in some capacity by a court of law. As you can imagine, this can result in plenty of spooky high jinks in the courtroom. Let’s take a look at some of the more baffling court cases in recent memory.
DEAD MAN TALKING
In something straight out of a Coen brothers movie, a New York man had to sue The New York Times on three separate occasions to get them to stop reporting that he was dead. In all fairness, it seemed like an honest mistake prolonged by the ineptitude of his public counsel and a whole lot of terrible coincidences all rolled into one. Juan Antonio Arias just so happened to share the same first and last name as one “Juan Arias” who had met his untimely demise. After it was reported in a Times article, the living Arias accidentally had his own date of birth and Social Security number added to the death certificate of his now deceased namesake in a terrible mix-up from the coroner. As a result, he sued on three occasions after his lawyer missed certain deadlines to turn in proper documents. Thankfully, the issue was resolved, but not before he had his credit cards and Medicaid revoked after appearing to be dead. An unnamed New York resident — just what on earth is going on in New York? — claimed that the house they’d recently purchased was horribly and cripplingly haunted by unseen forces. The poltergeist was said to disrupt their daily activity, and the plaintiff was suing on the grounds that the home was notorious in the area for being haunted and had a reputation as such; therefore, it should have been disclosed to the buyer before closing. They won. That’s right; the court ruled that the seller misled the plaintiff and should have disclosed the nature of this potentially harmful house. Shockingly enough, this type of thing is required to be disclosed when selling a house in New York. Well, at least a buyer will have peace of mind knowing that they got a sweet new pad and a ghoul for pennies on the dollar. SOLEMNLY SPOOKED
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TAKE A BREAK
GRILLED BEEF RIBS
IT TAKES A VILLAGE This last note is for everyone, regardless if you have a teen driver at home. With so many students taking to the roads this summer, it’s important we exercise a little more caution than we might otherwise. Making defensive-driving choices this time of year can keep you and this next generation of drivers safe.
Inspired by Saveur Magazine
Nothing feels more paleo-appropriate than digging into a giant rack of beef ribs. This largely hands-off recipe requires plenty of hands-on eating, making you feel like one of our cave-dwelling ancestors.
INGREDIENTS
•
1 5-lb. rack of beef ribs
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Kosher salt and black pepper, to taste
THE COST OF CUTTING CORNERS Lost wages, medical bills, permanent disability, and outright pain and suffering all cost injured workers dearly. This goes double for families who lose a loved one to a construction injury. That’s why personal injury law exists, so workers and their families don’t have to lose their livelihood because of someone else’s mistake. RECOVERINGWHAT MATTERS By filing a personal injury claim, you can recover compensation for medical expenses, pain and suffering, lost wages, lost earning potential, and disability benefits. Families who have lost a loved one can seek additional compensation through a wrongful death claim. An experienced personal injury lawyer, like Alex Hernandez, can guide you through the complex process of pursuing these claims and stand up for your rights in court.
DIRECTIONS
1. Heat a charcoal, wood-burning, or gas grill to medium-high. Once heated, move heat source to one side or turn off half of the burners to create an indirect heat zone.
2. Season ribs with salt and pepper and char on the hotter side of the grill, turning occasionally, for 12–15 minutes. Once charred, transfer to the other side of grill and cook until the thickest part of the rib reaches 130 F, about 2 1/2–3 hours.
3. Let meat rest for 15 minutes. If desired, serve alongside grilled veggies.
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INSIDE
1. Lessons From My Father
2. Crazy Lawsuits Surrounding the Dearly Departed
2. Talk to Your Teen Driver
2. Facts Construction Workers Need to Know
3. Grilled Beef Ribs
4. A Few Dads Who Went Above and Beyond the Call of Duty
HEROIC DADS WHO DIDN’T BACK DOWN GREG ALEXANDER: COULDN’T BEAR TO SEE HIS SON HURT While camping in Great Smoky Mountains National Park in June 2015, Greg Alexander awoke to the sound of a nightmare. The screams of his son intermingled with the roars of an unknown assailant, beckoning
Kids often look up to their father as one of their greatest heroes. There are the long drives to sports tournaments, the late-night movies, and the sweets when Mom isn’t looking. We probably all have some reason to look up to our dad as one of our biggest influences. It’s Father’s Day this month, a special time of year when we take a moment to think about the sacrifices the father figures in our lives have made for us. Most dads are pretty great, but some go above and beyond the fatherly call of duty. Let’s take a look at some heroic dads who risked everything to keep their families safe. BRAD LEWIS: OVER THE LEDGE Life can change in a split second, and how you choose to react in a moment of peril can define your legacy forever. Few people know this as well as Brad Lewis. When Brad and his young son, Oscar, were deeply entrenched in an intense Nerf battle, he surely didn’t think the situation would turn as dangerous as it did. When a few darts missed his father and landed on the balcony, Oscar ran after them but soon found himself teetering on the balcony’s ledge, 12 feet above the ground. Thinking fast, Brad grabbed his son just before he fell over, both taking the plunge while Brad protected his son with his own body. Just as he’d intended, Brad absorbed most of the blow. While Oscar sustained serious wounds, his father’s injuries were more severe. Brad was left fighting for his life in the ICU, with severe fractures to his skull and vertebrae. Thankfully, Brad is expected to make a full recovery and has made serious strides since the accident. He and his son will live to play another day.
Greg to his son’s tent. There, he found his son Gabriel being attacked by a bear. The bear had his son by the head and was dragging him away. Greg jumped on the bear’s back, desperately trying to take attention away from Gabriel. Amazingly, it worked, and in the end, the bear ran away. Gabriel was left with serious cuts to his head, but thanks to his dad’s heroism, the two were able to walk away from that campsite and back to their lives together. The important thing to remember is that you don’t have to take a leap of faith or fight a bear to be a hero in your family’s eyes. Just be yourself, show some support, and do the best you can. Happy Father’s Day, everybody.
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