Sat, 01 Oct 2011 04:59:16 -0800WeeblyFri, 23 Sep 2011 15:12:48 -0800http://www.bartbehr.com/2/post/2011/09/cause-of-bastrop-fire-likely-electrical-officials-say.htmlAustin American Statesman
Tuesday, September 20, 2011
By Clara O’Rourke and Patrick George
Staff Writer

The Texas Forest Service has determined the likely cause of the Bastrop Fires.  According to its preliminary report, the 2 larger fires were caused by electrical lines contacting trees and sparking.  The contact occurred when the trees fell because of high winds.  As they fell, the trees struck the power lines.

Bluebonnet Electric Coop admits that its investigation also revealed that trees fell into the lines.  However, it claims that the trees fell from a location outside its right-of way.  (Inside the right-of-way the utility may clear vegetation to access its lines and to prevent any hazards.)

Bluebonnet raised the same defense in a lawsuit that was filed against it last year. The lawsuit concerns the fire that burned 20+ houses and 1491 acres in February 2009.  The case is pending in the 355th District Court in Bastrop County.   See “Bluebonnet Statement on Fire Lawsuit,” KXAN.com, Monday, March 29, 2010.

]]>Wed, 30 Mar 2011 09:22:35 -0800http://www.bartbehr.com/2/post/2011/03/hospitals-gouge-injury-victims-opt-to-file-lien-rather-than-health-insurance.htmlBy Mary Ann Roser; Austin American Statesman; May 28, 2011

This story is directly on point with my blog entry on May 27, 2010.  It's shameful that Seton chooses not to process health insurance so that they can attempt to collect more money from injury victims' recoveries from responsible third parties.  Keep in mind health insurers have a claim for reimbursement from the recoveries, if any.  Also, it should be remembered that injury victims have claims for more than just medical expenses.  As victims of negligence, Texas law also recognizes claims for pain and suffering, mental anguish, physical impairment, disfigurement, and lost earnings.  Oftentimes, responsible third parties have limited liability insurance proceeds.  In fact, the minimum liability requirements for Texas drivers is $25,000 per person/$50,000 per occurrence.  The injury victim in the referenced article had emergency room charges in excess of $30,000.  Accordingly, Seton's hospital lien would attach to all of the proceeds for a minimum liability policy.  This would leave the victim holding the bag for the remainder of her bill and for her other claims of damages (lost earnings, pain and suffering, etc.)

The complete story may be found at: http://www.statesman.com/news/local/injured-patients-discover-hospitals-seeking-a-piece-of-1353975.html ]]>Tue, 11 May 2010 10:03:51 -0800http://www.bartbehr.com/2/post/2010/05/spike-in-disability-claims-clogs-overloaded-system.htmlBy STEPHEN OHLEMACHER, Associated Press Writer – Mon May 10, 12:00 am ET

Social Security Disability claims are up!  Almost 3.5 million people will apply for benefits this year - 25% more than those that applied in 2008.  Most of those claims will be initially denied.  The average time to process appeals is currently 442 days.  Many states have much longer waits.  It is anticipated that the recent spike in claims may overburden the system.

The complete story may be found at: http://hosted.ap.org/dynamic/stories/U/US_DISABILITY_BACKLOG?SITE=FLSTU&SECTION=HOME&TEMPLATE=DEFAULT

]]>Fri, 07 May 2010 13:01:32 -0800http://www.bartbehr.com/2/post/2010/05/rick-perry-warns-against-knee-jerk-reaction-to-gulf-oil-spill.htmlBy Kelley Shannon / Associated Press (Thursday 5/6/2010)

Governor Rick Perry makes an early prediction - the BP oil spill may have been an “Act of God.”  Then, he refers to the Act of God phrase as a long recognized legal term.  (It's a legal term usually used to deny responsibility.)

For the complete story, see:     www.statesman.com/news/texas/perry-dont-speculate-about-oil-spill-668792.html
]]>Fri, 07 May 2010 12:54:37 -0800http://www.bartbehr.com/2/post/2010/05/texas-supreme-court-tosses-158-million-verdict-in-case-involving-illegal-immigrant-immigration-status-should-not-have-been-an-issue-at-trial-justices-rule.html

Austin American Statesman
Friday, March 12, 2010
By Chuck Lindell
Staff writer


The Texas Supreme Court threw out a multi-million dollar jury verdict in a personal injury case because the Plaintiff’s lawyer referred to the Defendant as an illegal immigrant almost 80 different times throughout the course of the trial.  The Court determined that the reference/evidence was more harmful than good and, therefore, not relevant and inadmissible.
The case was TXI v. Hughes, 07-0541. Justice Phil Johnson did not participate.

The complete story is located at: http://www.statesman.com/news/local/texas-supreme-court-tosses-15-8-million-verdict-348194.html?cxtype=rss_local
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