Houston Personal Injury Attorneys – Smith & Hassler

Two people died and three others, including a child, were seriously injured in a collision on Highway 105 near Fostoria Road in Montgomery County on Friday November 11, 2011. According to state troopers the wreck happened when a pickup truck broadsided a minivan. Juan Valentin Gante, age 38, and Maria Gomez, age 34, died at the scene of the collision. Marisela Gomez, age 34 and 3-yeard old Monica Gomez were passengers in the minivan who were taken by life flight helicopter to Memorial Hermann Hospital. Also taken by helicopter was 67-year old Richard Olan Johnson, the driver of the pickup truck that struck the minivan. Investigators said Johnson tried avoiding the collision with the minivan.

A Texas Appeals Court has issued a ruling that appears to depart from well established precedent. It has long been the law in Texas that a pet owner can only recover the market value of a pet, such as a dog, that has been killed. In the case of a mutt adopted from the animal shelter, the market value may not amount to much more than $100, but of course the value of a treasured pet to the owner is much more. The recent decision was that a pet owner could recover for the sentimental value of the pet.

The case was brought in Fort Worth by a couple whose 8-year old dog was accidentally euthanized by an animal shelter. After the appeals court’s decision, Randy Tuner, lawyer for the couple Jeremy and Kathryn Medlen, said this would be the first time in Texas that someone could sue for the sentimental value of a pet. A lower court had previously dismissed the Medlen’s lawsuit over the death of the Labrador mixed breed “Avery” saying they could only sue for Avery’s market value.

The Second Court of Appeals disagreed, saying that sentimental damages can be recovered for all manner of personal property, which would include an animal. In an 11-page opinion the Fort Worth Court of Appeals wrote: “”Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent supreme court law to acknowledge that the special value of `man’s best friend’ should be protected,”

Avery escaped from his owner’s backyard in 2009 and the city’s animal control picked him up. The Medlen’s found him at the shelter the next day, but Avery was put on the list of dogs to be euthanized in error. If the Chuck Silcox Animal Care and Control Center doesn’t appeal the ruling to the Texas Supreme Court, the case will likely be sent back down to the trial court to be considered on its merits.

The case is Kathryn and Jeremy Medlen v Carla Strickland, Cause No. 02-11-00105-CV and was appealed from the Tarrant County Court At Law No 1. The Court of Appeals opinion can be read online here. Carla Strickland was the shelter employee who incorrectly placed Avery on the list of dogs to be euthanized.

We previously posted on this blog a crash between Ubaldo Sagredo and a HPD patrol car. It has just been announced that Ubaldo Sagredo, driver of the box truck that turned left in front of the HPD patrol car, has been charged with intoxication assault because he was legally drunk when he made an illegal left turn in the 300 block of Berry Road. The officers were in a marked patrol unit with emergency lights on as they rushed to a shooting scene. The officer riding in the front passenger seat of the patrol car was knocked unconscious and emergency services had to extract him from the patrol car and he was taken to hospital with a broken hip, which unfortunately is a serious orthopedic injury that usually requires a lengthy recovery period. According to Channel 11’s report, Ugbalo Sagredo admitted to drinking six beers at his friend’s house prior to the crash and he had four beer cans with him in his truck.

Channel 2 News is reporting an automobile versus pedestrian collision this morning in northwest Harris County.  A car struck a mom and her two-year old toddler outside the Kids R Kids daycare at 6020 North Eldridge Parkway.  According to the Harris County Sheriff’s Office the mom and child were in the parking lot when a vehicle backed into them shortly before 8:00am. Both were taken to Memorial Hermann Hospital to be treated, reportedly for minor injuries. Deputies believe the collision was an accident and are investigating.

Even at low speeds, a pedestrian versus vehicle collision is no contest and the pedestrian always fares worst. Auto-pedestrian accidents often result in serious injuries such as road rash, broken bones, spinal cord injuries, internal injuries and traumatic brain injuries. If you, a friend or a family member have been involved in a pedestrian accident, remember to document any obvious signs of trauma such as cuts and bruises by taking good quality, well-lit photographs. Keep any damaged clothing. You can contact the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation: over our 20-year history Smith & Hassler has successfully handled hundreds of auto-pedestrian accidents for injured clients.

This Toyota minivan with what appears to be out of state license plates was severely damaged in the November 8, 2011 chain reaction wreck on US 59 in Houston

Around 3:30pm on Tuesday November 8, 2011 a major collision shut down the southbound lanes of US59. The multi-vehicle chain reaction style crash involved an 18-wheeler, an RV and at least 10 passenger cars, including the severely damaged Toyota minivan pictured above. Three children had to be extracted from the van according to Channel 11, and they were transported to the hospital along with others involved. An 18-wheeler lost a load of pipe in the collision. Channel 13 reports the location of the wreck as US 59 near Northpark outside Kingwood.  Channel 2 is the only media site that lists an apparent cause for the collision: the 18-wheeler came upon the scene of a previous wreck and was unable to stop in time causing the big rig to swerve and jackknife.

Two officers riding in a marked HPD patrol car were injured when they crashed into a flat bed truck driven by a suspected drunk driver. The crash happened at around 9:35pm while the officers were traveling eastbound on Berry near Bauman. The officers were responding on an emergency basis to a report of a shooting. The Isuzu flatbed truck took a sudden left turn in front of the officers and they were unable to stop in time and crashed into the side of the truck. The driver of the flatbed was not injured and was arrested on suspicion of driving while intoxicated. The police officer in the passenger seat sustained serious injuries in the crash, the officer driving the patrol car was taken to hospital with injuries to his hands. An article on Channel 2’s web site identifies the driver of the flatbed as 51-year old Sagred Ubaldo and states Ubaldo has been charged with intoxication assault.

A possibly intoxicated driver crashed into a Harris County Sheriff’s Office patrol truck early Friday morning. The wreck happened at FM1960 and Treschwig Road. A Harris County Sheriff’s Office sergeant was in the patrol truck and the time and saw a pickup truck speeding toward him. The sergeant reported there was nothing he could do other than hold on and brace for impact, because if he had tried to move he would have struck the vehicle in front of him. The sergeant was transported to a local hospital to be checked and the driver of the pickup truck was taken into custody to be tested for alcohol impairment. KHOU’s story is here. Smith & Hassler recently represented a Harris County Sheriff’s Deputy who suffered a low back injury when he was struck from behind by an intoxicated tow truck driver: the lawsuit arising from that accident was settled on terms favorable to our client.

A HCSO sergeant was injured when rear-ended by this pickup truck on FM1960 at Treaschwig on November 4, 2011. The pickup driver was taken into custody and may have been drunk.

A car accident is a very disruptive event for most people.  A damaged vehicle may mean you cannot get to work, grocery shop, take your kids to school or sporting events, and so on.  Injuries may mean you are unable to work, hence unable to support yourself or your family due to lost wages.  And not only are you missing income because you are unable to work, but you now have unexpected debts for medical treatment, sometimes in the tens of thousands of dollars.  Dealing with all of these challenges at once can feel overwhelming, particularly if you have never been involved in an accident before.  If the at-fault driver had insurance, you are probably dealing with requests for information from the insurance company too.  Smith & Hassler firmly believes that the earlier in the process you get sound advice from an experienced personal injury attorney who is willing to listen to you, answer your questions and provide you guidance, the better.  The insurance company will press you early on to give a recorded statement about the accident, your injuries, your medical history and more: don’t do it, the statement is for their benefit, not yours.  You can call or email Smith & Hassler any time for a free consultation on your car accident injury claim.

Halloween evening turned tragic for the friends and family of 58-year old Russell Brandon last night when Mr. Brandon was fatally struck by a pizza delivery driver.  The delivery driver worked for Big B’s Pizzeria in Huffman, TX and was driving a Ford Mustang when he struck Mr. Brandon’s motorized bicycle on Huffman-Cleveland near FM2100 around 8:00pm.  According to a report by Channel 11 News, the pizza delivery driver said he did not see Mr. Brandon until it was too late: Mr. Brandon was pronounced dead at the scene.   Harris County Sheriff’s Office deputies said both Mr. Brandon and the pizza delivery driver were well known in the Huffman, Texas area and that the driver would not face any charges in the accident. A Channel 2 News report lists the pizza delivery driver’s age as 19 and states that Mr. Brandon was a few blocks from his home at the time of the crash. Mr. Brandon apparently hailed from Scotland and was the father of no less than 11 children.  The Channel 2 report says the pizza delivery Mustang struck Russell from behind. Alison Roth, Mr. Brandon’s daughter is quoted in the Channel 2 report as expressing her concern for how the driver of the Mustang must feel being so young and involved in a fatal accident: Ms. Roth’s gracious concern is very impressive under the circumstances.

Russell Brandon was struck and killed on 10-31-2011 while riding his motorized bicycle by this red Ford Mustang driven by a pizza delivery driver.

At approximately 8:15am this morning a serious accident happened on the North 610 Loop West in the westbound lanes, just across the Loop from Smith & Hassler’s office. The wreck involved a WCA Waste Corporation 18-wheeler and a black colored pickup truck.  The pickup truck sustained very heavy front end damage: the airbag was deployed and the fire department removed the driver’s door of the pickup truck. Hopefully the driver of the pickup truck and any passengers were not seriously hurt. Fortunately Memorial Hermann Northwest Hospital is less than half a mile from the scene of the wreck.

Video of the wreck: 610 and Ella wreck 11-01-2011

WCA Waste Corporation 18-wheeler and a black pickup truck were involved in a serious collision on the 610 Loop near Ella this morning.

If you, a friend or a family member have been injured in a car accident, Smith & Hassler’s experienced personal injury attorneys are available to give you a free consultation either in-person or by phone.  Sometimes people injured in car accident wait before consulting an attorney. They have good intentions: not wanting to seem “sue happy,” waiting to see if their injuries will get better or because an insurance adjuster is discouraging them from seeking legal advice (that happens).  It is better to know your rights early in the process and have an experienced Houston personal injury attorney explain the steps involved in car accident injury claim and what you can do NOW to increase the chances of a good outcome.