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April 26, 2011

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Fired Bus Driver Agrees to Settlement

Suit: Fraternity Hazing Caused Student's Withdrawal

City Tree Fell on Truck, Killing Child, Suit Says

5th U.S. Circuit Court of Appeals: Torts - premises liability

 

 

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Announcements

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TTLA Annual Conference has moved to June 1-3 in Austin

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We’ll be hosting all the events you’ve come to expect from our December conference. Between the 2-day CLE, parties, meetings, legislative update & special events. Check out the CLE program agendas for Wednesday and Thursday, which include a live video presentation with David Ball plus family friendly events to make this a true vacation opportunity. Register now!  

 

Laws/Cases

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Fired Bus Driver Agrees to Settlement

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The Capital Area Rural Transportation System has paid $21,000 to settle a lawsuit filed by a driver who was fired for refusing to take two women to a Planned Parenthood clinic last year. Edwin Graning's lawsuit had claimed officials with the nine-county public transportation system discriminated against him based on his religion. Graning refused to drive the women because he had been "concerned that he might be transporting a client to undergo an abortion," said the lawsuit, which was filed last year in U.S. District Court in Austin.  Steven Kreytak, Austin American Statesman  04/26/2011

Read Article: Austin American Statesman    

 

Suit: Fraternity Hazing Caused Student's Withdrawal

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A New York City student has filed a lawsuit against Hartwick College, claiming he was subjected to severe hazing while at school, causing him to drop out. The lawsuit claims that as a pledge to Alpha Delta Omega, the plaintiff was subjected to "both physical and emotional abuse" in 2010. The student has since withdrawn from the university and enrolled at Hofstra University in the New York suburbs. A criminal case is also pending.  Staff Report, United Press International  04/26/2011

Read Article: United Press International    

 

City Tree Fell on Truck, Killing Child, Suit Says

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A San Jose, Calif., couple has filed a lawsuit against the city after a rotting maple tree fell onto their truck, killing their 2-year-old son and injuring them. According to the lawsuit, the tree was stricken with root rot that was not visible from above ground and, since the tree was on public property and owned by the city, the city was responsible for maintaining it and making sure it was safe for residents. The suit is seeking damages to cover the funeral, the couple's medical and legal bills, loss of earnings and damage to the truck.  Tracy Seipel, Contra Costa Times  04/25/2011

Read Article: Contra Costa Times    

 

TEXAS LAWYER CASE SUMMARIES

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5th U.S. Circuit Court of Appeals: Torts - premises liability

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In this premises liability suit, the plaintiffs Tony and Kathy Maddox appeal from the summary judgment granted to the defendant, Townsend & Sons Inc. While waiting on a delivery dock, Tony leaned or sat on a hanging chain. The S-hook connecting the chain to the other post straightened under his weight and gave way. He fell off the dock, breaking his pelvis and suffering other injuries. The evidence created a dispute of material fact as to the reasonable safety of the premises. Whether a chain such as this, placed in a location in which it might be reasonable to expect that waiting deliverymen will place some of their weight on it, must have any particular strength for the premises to be reasonably safe, is a question for jurors. Similarly, whether the possibility that the S-hook was the weak link in the entire chain assembly should have been discovered by Townsend & Sons, and whether that created an unreasonable risk of harm for which warnings were needed are fact questions not resolvable here. Summary judgment on reasonable safety and warnings should not have been granted. Maddox, et al. v. Townsend and Sons Inc., 5th U.S. Circuit Court of Appeals, No. 10-60330, 04-18-2011  , Texas Lawyer Opinions (TTLA Members Only)  04/26/2011

Read Article: Texas Lawyer Opinions (TTLA Members Only)    


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