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March 26, 2018

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Member Central

Upcoming Online CLE
28
Mar
Using the Code of Federal Regulations to Win Your Cases
29
Mar
Longshore Medical Treatment Orders =E2=80=93 Getting Your Clients Better Faster
4
Apr
Expert Investigations Using Plaintiff Only Databases
10
Apr
Pooled Special Needs Trusts and Medicare Set Aside: Use Them Together to Settle the Case
12
Apr
There's No Excuse for Financial Elder Abuse!
18
Apr
Exposing Expert Bias
25
Apr
Trial Skills - Presenting Evidence Practicum
Announcements

Registration is Open! TTLA Midyear Conference & CLE Seminar, May 17-19
Join TTLA May 17-19, 2018 at the Marriott Marquis Houston for the 2018 Midyear Conference and CLE Seminar. network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn MCLE credit! Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for March 26
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In today’s Brief: A recap of this weekend’s gun control rallies and some blaring challenges Texas faces ahead of the 2020 census.
Cassi Pollock , Texas Tribune 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Investigation Finds Culprit in Panhandle =E2=80=98Chemical Drift’ Case, State Yet to Take Action
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Texas Department of Agriculture investigators found that local crop duster pilot Jared Lambert sprayed pesticide that doused three dozen people in a tiny Panhandle town, but the agency has not issued any penalties.
Christopher Collins, Texas Observer 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Observer


Laws/Cases

Lawsuit Alleges State Hospital Employees Abused Patients
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In a lawsuit filed Wednesday, a former employee for a state hospital outside Dallas is alleging he witnessed employees abusing patients while he was there and that he was fired for reporting what he saw. Ethan Vestal worked as a psychiatric nursing assistant at Terrell State Hospital from July to December last year, his suit says.
Katie Hall, Austin American-Statesman 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman

A Boy was Decapitated on a Waterslide - The Park Knew the Ride Could Kill People, Officials Say
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Investigators say, Schlitterbahn Waterpark of Kansas City rushed to build a dangerous and structurally complicated ride, ignored glaring safety red flags and replaced mathematical calculations with crude trial-and-error methods. The string of negligence, according to a recently unsealed indictment, resulted in the 2016 death of a 10-year-old boy and more than a dozen injuries. Caleb Schwab, son of Kansas state Rep. Scott Schwab, was decapitated while riding the nearly 170-foot-tall Verr=C3=BCckt. Schlitterbahn and Tyler Austin Miles, former director of operations, have been charged with involuntary manslaughter and several counts of aggravated battery, aggravated endangering a child and interference with law enforcement.
Kristine Phillips, The Washington Post 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

Bus Co. Hit With $18.7M Verdict In Cyclist Death Trial
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A Nevada jury on Friday awarded $18.7 million to the teenage children of a surgeon who was killed when he collided with a Motor Coach Industries-built tour bus while riding his bicycle, finding that the company had failed to provide adequate warning about the dangers of the vehicle. After deliberating for roughly a day, the Las Vegas jury returned a verdict holding MCI responsible for the April 2017 death of 51-year-old reconstructive hand surgeon Kayvan Khiabani.
Daniel Siegal , Law360 ($) 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Healthcare

Patients at 2 Galveston County Health Clinics May Have Been Exposed to HIV, Hepatitis
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The Galveston County Health District said that it is working with the Department of State Health Services to investigate the risk of disease transmission related to sterilization procedures at the Coastal Health & Wellness clinics located in Texas City and Galveston. The investigation was triggered by a recent accreditation site review conducted on Feb. 12 and 13. The investigation found that a Coastal Health & Wellness clinic in Texas City demonstrated poor sterilization procedures, including not adequately documenting the sterilizing of dental instruments. The review also found dirty areas where dental instruments were passing through.
Nick Powell, Houston Chronicle 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Products

New Law Makes it Hard to Track Driverless Car Testing in Texas
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A bill passed by the Legislature last year and signed into law in June by Gov. Greg Abbott. Senate Bill 2205 by Sen. Kelly Hancock, R-North Richland Hills, does not require companies to tell the state of Texas or local governments when they are putting vehicles on streets or highways with no human in control. When Hancock filed SB 2205 on March 10, 2017, the first version said no vehicle could drive with the automated driving system activated unless three state agencies were informed in advance of when such testing would begin and the general geographic location where such research would occur. But when the legislation came before the Senate Transportation Committee for its first hearing April 19, with a fully rewritten bill substituted for the earlier version, the testing notification requirement had disappeared.
Ben Wear, Austin American-Statesman 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman

Self-Driving Cars Still Don't Know How to See
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Autonomous cars don’t track the center line of the street well on ill-maintained roads. They can’t operate on streets where the line markings are worn away=E2=80=94as on many of the streets in New York. These cars also don’t operate in snow and other bad weather because they can’t see in these conditions. A lidar guidance system doesn’t work well in the rain or snow or dust because its beams bounce off the particles in the air instead of bouncing off obstacles like bicyclists.
MEREDITH BROUSSARD , Reuters 03/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Wrongful Death

Family Files Suit After Teen Crushed to Death in Bull Riding Accident
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A family from New Mexico has filed suit over the death of their teenage son. The 15-year-old boy died after he was crushed by a bull during a competition in Fruitland held by the Navajo Nation Junior Riders Association. The lawsuit filed by his family contends that the bull riding circuit put him on a bull that was "too much for the boy to handle." Additionally, the lawsuit raises questions about the emergency response after the accident.
Jeannie Nguyen, KRQE News 13 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: KRQE News 13



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