All lanes of I-30 at Dalrock open after pileup over Lake Ray Hubbard

ROWLETT –– Dallas police say a 23-year-old man was arrested for intoxication assault in connection with a 13-vehicle pileup that shuttered Interstate 30 in both directions over Lake Ray Hubbard before dawn Friday.

Christopher Anthony Sosa was arrested and charged Friday morning, according to a police spokesperson. He was booked into the Dallas County Jail. It's not clear whether Sosa caused the accident –– heavy fog is also suspected to have played a role.

At about 7:50 p.m., more than 16 hours after the crash, all lanes at Dalrock Road were reopened.

While the accident spurred traffic woes for drivers, it also created a problem for some area businesses.

"Everybody nowadays is in a hurry to get somewhere," said Brian Vosburg, an employee at Parkway Car Care, which is located along Highway 66. "And when you get stuck in something like that there are no words to describe it."

Vosburg said on average he works on 12 to 18 vehicles a day. Friday, he worked on three.

The owner of the business said their supplier of vehicle parts was stuck in traffic, which put the business two days behind.

"If I'm not turning wrenches working on cars, I'm not making a whole lot of money," Vosburg said.

TxDOT sent crews to help control traffic on either side of Lake Ray Hubbard and repair the 500 feet of concrete median barrier that was damaged in the wreck, said Tony Hartzle, department spokesman.

“Both directions are going to be shut down for multiple hours; motorists need to find an alternate route around this area just to stay away,” Hartzle said in the midst of the cleanup. “The detours are going to be fairly substantial for the next couple of hours.”

As dawn broke over the lake, Dallas police Sgt. David Conley said the wreck involved six 18-wheelers and seven cars. A total of eight people were taken to Baylor Medical Center with non-life threatening injuries, said Dallas Fire-Rescue spokesman Jason Evans.

One of the 18-wheelers visibly jack-knifed into the median before coming to a stop. A trail of debris was scattered about the four-lane highway behind it. Fog was a likely culprit in the collision, Hartzle said. Not long before the crash, The National Weather Service issued a Dense Fog Advisory that expired at 9 a.m. as visibility in some areas dipped to below a quarter of a mile. The NWS advises drivers to slow down and use their low-beam headlights when driving through fog.

Eastbound drivers were forced to take the Zion Road exit while those headed west took the Ridge Road exit. Both were significantly backed up at 6 a.m., as reported by News 8's Brian Glenn.

Evans said units were called at 3:30 a.m. to help. Hazardous materials crews were on-scene cleaning up vehicle fluids. No one had to be extricated from a vehicle by Dallas Fire-Rescue, Evans said.

A Rockwall Police Department dispatcher says a few units assisted with blocking off the Dalrock Road exit but had no additional information. The Texas Department of Public Safety and the Garland Police Department are also helping investigate.

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Source: WFAA (Goodman, 1/10)

Report ranks Texas among the worst for passing highway safety laws

Texas ranks among the worst states for passing highway safety laws, according to an annual report released this week.

Advocates for Highway and Auto Safety released the “Roadmap of State Highway Safety Laws” grading all 50 states and the District of Columbia on their performance based on 15 basic traffic safety laws.

Texas — which last year became the first state to pass an 85-mph speed limit — joined about a dozen states in the bottom tier.

Texas has 80,000 miles of state-run roads, and the last day there wasn't a fatality on Texas highways was Nov. 7, 2000, according to the Texas Department of Transportation. State lawmakers, however, have been slow to adopt some of the measures the national safety group sees as steps to improve road safety and reduce deaths.

“We know what works to reduce and eventually eliminate drunk driving from our roads,” said Jan Withers, president of the national Mothers Against Drunk Driving. “We now call on state legislatures across the country to do their part.”

The U.S. recently has seen the largest jump in traffic fatalities since 1975, a 7 percent increase in crash deaths during the first nine months of 2012 compared with the same period in 2011, according to National Highway Traffic Safety Administration data. The report focuses on a new federal incentive grant program that encourages states to enact teen driver licensing laws, ignition interlock laws, distracted driving laws and occupant protection laws.

Among the 15 highway safety laws evaluated by the group are seat belt, booster seat and motorcycle helmet measures, in addition to restrictions and requirements for teen drivers, texting bans and tougher impaired driving laws.

Texas did not have eight of the 15 recommended laws.

The report found an additional 316 new laws need to be adopted in all states to meet the recommendations, including 15 states still needing a law banning all drivers from texting.

Last year, Alabama, Idaho and West Virginia passed all-driver texting bans, joining the majority of states that have passed such laws. (Some states have laws prohibiting drivers from using cellphones in certain areas such as school zones.)

State Rep. Tom Craddick, R-Midland, refiled a texting-ban bill for the 2013 legislative session. In 2011, Gov. Rick Perry made an unprecedented move of vetoing a texting ban passed by the Legislature, drawing criticism from national highway safety groups. Bob Kaufman, a Texas Department of Transportation spokesman, said the agency uses awareness campaigns to prioritize safety, such as the “Click It or Ticket” campaign, which he said has led to seat belt use increasing from 75 percent to 94 percent in the past 11 years.

He also said awareness campaigns have improved behavior in the areas of drunken driving, motorcycle safety and proper child passenger restraint. “Important to remember, drivers hold the key to driving safely,” Kaufman said. “We encourage drivers to adhere to some basic safe driving tips: Pay attention, buckle seat belts, put the phone away, never drink and drive, obey all traffic laws and drive to conditions.”

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Source: MySanAntonio (Mulvaney, 1/17)

Company linked to meningitis scare besieged as deaths rise

CHICAGO (Reuters) - The company that produced contaminated medications linked to an unprecedented fungal meningitis outbreak faced mounting scrutiny on Saturday over whether it illegally sold drugs to medical facilities, as the death toll from the disease grew to 15.

The Centers for Disease Control and Prevention (CDC) said another person died from meningitis, the second death in Indiana. The number of cases of the disease reported reached 201 in 14 states, according to the CDC and state officials.

Illinois reported its first case of meningitis from a steroid injection and New Hampshire officials reported that state's first four confirmed cases from the outbreak, which showed no signs of abating.

Tennessee is the worst affected state with six deaths and 52 cases followed by Michigan with three deaths and 41 cases, including one case of an infection that has not been confirmed as meningitis.

As federal and state authorities scrambled to contain the outbreak, investigators were trying to determine how the medication produced by New England Compounding Center was contaminated and whether its sprawling drug supply business complied with licensing laws.

A series of emails between the company and a clinic in Mississippi reviewed by Reuters show that NECC sold drugs without requiring physicians to supply individual patient prescriptions. The customer confirmed that NECC supplied the clinic with drugs without patient names or prescriptions, which are required by a number of states including Massachusetts, where the company is based.

The emails also indicate that NECC referred business to a sister company, Ameridose LLC, despite a statement by Ameridose earlier this week that the two operated separately.

NECC has recalled the suspect product, surrendered its license to operate in Massachusetts and suspended operations. Ameridose also has temporarily suspended operations.

"NECC's intent has always been to operate in compliance with our licenses in the states where we do business," the company said in a statement.

FEDERAL CRITICISM

The U.S. Food and Drug Administration is investigating NECC and there have been calls from some in Congress for a criminal investigation of the company.

"FDA considers this to be one of our top priorities and we are dedicating many resources to this investigation," the agency said in a statement late on Friday. Federal regulators have come under criticism for failing to prevent the outbreak by closely regulating drug compounding companies such as NECC, which prepare medications for clinics and doctors largely outside federal oversight. The FDA has said the law does not give it adequate authority to do so, leaving regulation largely to the states. "This outbreak began at a compounding pharmacy and the Food and Drug Administration has very limited authority over what these facilities produce," said a spokesman for the Health and Human Services Department in Washington. "We urge Congress to give FDA the authority it needs to ensure these kinds of outbreaks do not happen again."

NECC faces mounting threats from states as well. Several states are investigating the company and at least two - Michigan and Massachusetts - have said the company violated their regulations, according to a Reuters survey.

Some 14,000 patients received the suspect steroid medications, which were shipped to 76 facilities in 23 states as long ago as May.

Meningitis is an infection of the membranes covering the brain and spinal cord. Symptoms include headache, fever and nausea. Fungal meningitis is a rare form and is not contagious.

Cases of meningitis have been reported in Tennessee, Michigan, Florida, Idaho, Illinois, Indiana, Maryland, Minnesota, New Jersey, North Carolina, Ohio, Texas, Virginia and New Hampshire.

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Source: Yahoo News (McCune, 10/15)

Child Dies After Attack by Pit Bull

DALLAS, Texas -- A 3-month-old baby boy died Monday night after being mauled by the family's pit bull.

After about an hour on the scene, officers were outside of the home talking with family members. One of those family members was holding 3-month-old Rayden Bruce, who had fallen asleep.

The child was taken inside and placed on a bed, where, apparently, the dog attacked.

A few moments later, officers heard screams coming from inside the home followed by a man running outside and carrying the little boy.

The child was rushed to Cook Children's Hospital in critical condition. After arriving at the hospital, the infant was pronounced dead.

The dog was quarantined and euthanized by Burleson Animal Control.

Family members have not spoken publicly, but friends of the family told NBC 5 the dog had not previously shown any sign of aggression toward the child.

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Source:11Alive (9/25)

Ford recalls new Escape again, citing fire risk

"Ford Motor Co is recalling its newly launched 2013 Escape sport utility vehicle for a third time, citing an improperly installed part that could trigger a fire in the engine compartment."

This recall affects about 7,600 Escapes, mostly in the United States, equipped with a 1.6-liter EcoBoost engine, Ford said on Wednesday. The models were built between October 5, 2011, and August 31, 2012. Ford is the No. 2 U.S. automaker by sales.

In a small number of these models, the cup plug on the engine cylinder head may come loose. This would lead to loss of engine coolant, causing the engine to overheat. In some cases, the ethylene glycol in the coolant may combust.

Fewer than 0.4 percent of the Escape models recalled in the United States have this issue, Ford said in a document filed with the National Highway Traffic Safety Administration.

In July, Ford recalled 11,500 Escape SUVs for a fuel line defect that could cause an engine fire. The issue led Ford to take the rare step of telling owners to stop driving immediately.

The latest recall is less severe and is unrelated to the fuel line problem, Ford said. About 6,150 of the SUVs covered by the action are in the United States and 1,300 are in Canada.

"Because of the facts from our investigation, we really felt that the extraordinary actions required by the previous instance aren't required here," Ford spokeswoman Marcey Zwiebel said.

The 1.6-liter EcoBoost engine is made at Ford's Bridgend Engine Plant in England. In its investigation, Ford found that the cup plugs prone to problems were manually installed.

It had been common practice at the plant to install these components by hand if there was a problem with the automated systems. That is no longer the case, Zwiebel said.

"The plant is now only using automated machinery for this installation," she said. "There will be no more manual installation of that particular part."

ESCAPE SALES STILL STRONG

The problem came to light last month after an Escape caught fire on a dealer lot in Nashville, Tennessee, due to a dislodged plug. Ford later found that an Escape fire reported by a Ford employee on July 11 had also been caused by a missing plug.

Ford said that in some cases, the water in the coolant could vaporize once it leaked, increasing the concentration of ethylene glycol to the point where it could combust.

Ford said in the filing that it was unaware of any fires in Escapes sold to customers. Replacement parts are available at dealerships.

The Escape SUV, one of Ford's best selling models, was completely redesigned for the 2013 model year. It is one of two crucial launches for Ford this year. The other is the 2013 Fusion mid-size sedan, which is due to go on sale this fall.

Also in July, Ford recalled more than 8,000 Escape SUVs to fix a carpeting issue that interfered with drivers' ability to apply the brakes.

The Escape is Ford's fastest selling vehicle on dealer lots, Ford's marketing chief Ken Czubay said on Tuesday. Two weeks ago, Ford added a third shift at its Escape plant in Louisville, Kentucky, to keep up with demand.

Through August, Ford has sold about 177,000 Escape SUVs this year, up 5.5 percent from 2011. About 90 percent of the Escape SUVs sold have either a 1.6-liter or 2.0-liter EcoBoost engine.

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Source: Reuters (Seetharaman, 9/5)

Texas high court hands victory to Austin architect in liability case

The Texas Supreme Court on Friday handed a legal victory to Austin architect Sinclair Black as the high court declined to hear the appeal of a McKinney woman who was partially paralyzed in a 2004 balcony collapse that she had alleged was partly Black's fault.

By declining to hear the case, the high court allowed to stand a July 2011 ruling by the 3rd Court of Appeals. That court had thrown out a jury's $410,000 verdict against Black, ruling that Black and his firm, Black + Vernooy, were not partially to blame for the balcony collapse at an Inks Lake home that left Lou Ann Smith paralyzed from the waist down.

Black and others in the architectural industry had argued that allowing the original jury's verdict to stand could have a chilling effect on the architectural profession.

Black's attorney, Bruce Bennett, declined to comment Friday. Attorneys for Smith and her family could not be reached for comment.

Smith's attorneys could ask the high court to reconsider its decision not to hear the case.

The original jury's verdict was issued in favor of Smith, who suffered spinal damage when she and a friend stepped onto the third-story balcony of an Inks Lake home they were visiting. The balcony broke away from the house and sent the women to the ground.

A subcontractor had attached the balcony using 3¼-inch nails, not the bolts specified by the architect's design, and deviated from other design specifications, photos and court testimony showed.

Black and his firm designed the house and had a contract with homeowners Robert and Katherine Maxfield that required the firm provide "administration of the construction contract." It also required that he "visit the site at intervals" and "endeavor to guard the owner against defects and deficiencies."

Black visited the construction site several times and took photos. He testified that he didn't report any problems with the balcony because he didn't notice any issues.

In 2010, a Travis County jury ruled that the general contractor, Nash Builders, was 70 percent to blame for the balcony collapse, that a subcontractor was 20 percent responsible and that Black and his firm were 10 percent liable.

Black and his lawyers had argued in their appeal that Black could not be held liable for the contractor's negligence, and that while he had a duty to report any defects and deficiencies of which he was aware, he had no duty to identify any and all defects. Black also argued that while he had a duty to the Maxfields, he had no duty to visitors to the home.

In reversing the original jury's decision, the 3rd Court of Appeals agreed with that argument.

Writing the opinion for the majority, Justice David Puryear said Smith and her family had asked the court "to do something that has never been done in the history of Texas jurisprudence; they request this court to transform and extend the contractual duty owed to the Maxfields into a common law duty owed to the Smiths as visitors to the Maxfields' home."

"Although our sympathies extend to the Smiths for the suffering they have unjustly been forced to endure, this court simply cannot create a new common law duty in order to uphold the relief that they sought against the architects," he wrote.

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Source: Statesman (Harrel, 8/31)

Texas takes tort reform too far

By Patricia Kilday Hart

Of all William Shakespeare's enduring lines, perhaps the one that has resonated most through the generations comes from "Henry VI": "The first thing we do, let's kill all the lawyers." Taken out of context, it's a great lawyer joke, as if the Bard knew modern society would blame lawyers for everything from inscrutable contracts to ridiculous consumer warning labels. (My favorite: an admonition against running at night on my son's glow-in-the-dark Frisbee.) A lawyer-free world conjures a society free of hair-splitting and hucksterism - in other words, Utopia.

Or does it? In Texas, we're learning what happens when you can't turn to a lawyer for help. Two strong forces are making it nearly impossible to seek redress for injury in state courts: sweeping tort reform laws and a Texas Supreme Court with an activist conservative bent. The results aren't pretty.

Consider the case of Michelle Gaines, who in June 2006 was a popular Palestine teenager with a bright future when an 18-wheeler hauling an oil rig smashed into her car, causing severe brain damage. A Tyler jury ordered the driver who caused the wreck and a businessman involved with the oil rig to pay her $8 million - money Gaines' family desperately needs to provide for her rehabilitation and care for the remainder of her life.

A Tyler appeals court overturned the jury's decision, claiming there was no evidence to support the verdict, and the Texas Supreme Court recently declined to consider Gaines' appeal.

And yet trial testimony showed that the men had destroyed crucial evidence demonstrating joint ownership of the rig and that the driver had been bribed to alter his story. Gaines' attorneys say the court's decision violates precedent that evidence should be construed in a light favorable to a jury's verdict.

Right to jury trial

"It's an outrageous decision," said University of Texas law professor Steve Goode, a member of Gaines' legal team. (The Gaineses' attorneys have asked the court to reconsider.) "It's astounding that they refused to consider this as evidence against this defendant."

But it's not just attorneys involved in specific cases who believe the court is engaging in wrong-headed activism. Tea party activists are beginning to question whether Texas Republicans have dismantled the Seventh Amendment - the right to a jury trial - in their slavish devotion to limiting lawsuits.

Former Harris County District Judge John Devine, who recently defeated Texas Supreme Court Justice David Medina with tea party support, has criticized the court's willingness to overturn jury verdicts. And two independent studies suggest that the Texas Supreme Court - once criticized as biased for trial attorneys - has swung to the opposite philosophical pole.

UT law professor David Anderson, in a 2007 study of 69 opinions written by the court in 2004 and 2005, found that defendants - the parties accused of causing injuries - won 87 percent of the time.

Contempt for juries

Is that different from other states? Anderson examined all state appellate cases involving Wal-Mart between 1998 and 2005. The Texas Supreme Court ruled in favor of the discount chain in all 12 cases it received. There were 81 other cases in other states, but Wal-Mart prevailed in only 56 percent of them.

Texas Watch, reviewing cases involving consumer complaints from 2004 to 2010, found the court overturned jury verdicts an amazing 74 percent of the time. Wrote the study's authors: "The Texas Supreme Court is expected to respect reasonable jury verdicts. … In the final analysis, the court fails this test, impermissibly usurping the authority of juries and demonstrating contempt for their verdicts."

Tea Party Nation founder Judson Phillips uses Texas as a cautionary tale against Republican presidential nominee Mitt Romney's plan for federal tort reform. "Texans are losing their Seventh Amendment rights because they can't get lawyers to take cases anymore," Phillips wrote in a recent blog post.

He cited the case of Charles Caldwell, who died in October 2008 in a Dallas-area nursing home when attendants tried to force medications down his throat, but instead filled his lungs. When his son tried to sue, he could not find a willing lawyer.

Why? Texas tort reform legislation put such low caps on damages that no lawyer could afford to take the case. Yet, earlier this year, the Texas Board of Nursing issued a reprimand against the nurse for committing major medical errors.

Houston attorney Mark McCaig, has been warring with Texans for Lawsuit Reform, which lavishes campaign contributions on friendly politicians, by urging the Republican Party to rethink its stance. He's often dismissed as a phony conservative since he works for trial lawyer Steve Mostyn, a prominent Democratic campaign contributor.

Shakespeare knew it

But McCaig believes the rise of the tea party will challenge tort reform. "What you have seen happen is (that) it has taken away the rights of people with legitimate claims. It goes against the notion of personal responsibility." In our society, that means access to the courts, and to lawyers.

But Shakespeare knew that. The speaker of the famous line from "Henry VI" wanted to replace the rule of law with the personal whims of despots. In a society bereft of legal boundaries, there's no need for lawyers.

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Source: Houston Chronicle (Hart, 8/9)

Patio bistro sets recalled

WASHINGTON, D.C. – Midas Lin is recalling about 16,400 patio bistro sets because when the chair support bar is not fully engaged, the chair poses a fall hazard to a consumer who sits in the partially engaged chair.

The sets were exclusively sold at Lowe's stores nationwide from August 2011 through February 2012 for about $98 for the set.

The firm has received thirteen reports of consumers who fell from partially opened chairs, resulting in reports of back injuries, contusions and scrapes.

This recall involves folding chairs sold with three-piece patio bistro sets. Each set contains two folding chairs and a folding table. The chairs have a black steel frame and dark stained wooden seats and backs. Model #S658-01, item # 0355053 and "Garden Treasures" is printed on the cover of the instruction manual sold with the patio bistro sets.

Consumers should immediately stop using the recalled chairs and contact Midas Lin for a new set of warning labels and supplemental instructions for the chairs. Do not return the product to the store.

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Source: KMTR (8/6)

Pediatrics group warns against crib bumper pads

Academy updates policy, says popular bedding item can cause babies to suffocate

Many parents will soon hear from their pediatricians that bumper pads should not be used in cribs because babies can suffocate against or be strangled by the popular bedding product.

The American Academy of Pediatrics set the guideline for its physicians as part of updated policies to create safer sleep environments for babies and reduce the risk of sudden infant death syndrome, or SIDS.

By stating that bumper pads should not be used, the Elk Grove Village-based academy is providing direction to members on a question still being hotly debated.

The trade group for makers and sellers of infant bedding says bumper pads, which wrap around the inside of a crib and tie to crib slats, help prevent head injuries and limb entrapment. It also disputes there is evidence that the products can cause babies to suffocate.

But the academy's new guidelines state there is no evidence that bumper pads prevent injuries and say they pose a potential risk of suffocation, strangulation and entrapment.

"We weighed the pros and cons and the evidence, and felt that the safest thing would be to keep bumpers out of the crib altogether," said Dr. Fern R. Hauck, a member of the academy's SIDS task force and a professor of family medicine at the University of Virginia.

Investigations by the Tribune this year and last year found that federal regulators with the Consumer Product Safety Commission have gotten reports for years of babies suffocating against bumper pads, yet they have failed to warn parents or investigate all the deaths.

The regulators have hesitated to take a stance on the safety of bumper pads, saying they are trying to determine if there is a scientific link between bumper pads and suffocation, or if blankets, pillows or medical issues played a primary role in the babies' deaths.

In response to the Tribune's stories, the city of Chicago and state of Maryland recently prohibited sales of crib bumpers, often packaged as part of bedding sets.

The Juvenile Products Manufacturers Association, meanwhile, launched a campaign arguing that bumpers are not a significant risk factor for infant death when used properly, while also warning parents not to use bumpers that are too puffy.

Bumpers were originally made to cover spaces between crib slats that were too far apart. Regulations changed in the 1970s, mandating that slats be spaced closely enough that babies wouldn't fall out or get their heads caught. But the products are still widely sold.

Every five years the pediatrics academy updates its official policies, which serve as a guide to pediatricians and other medical professionals throughout the country. Previously, the policies stated that if crib bumpers were used, they should be thin, firm, well secured and not "pillow-like" — a vague term that irked safe-sleep experts and SIDS groups.

"It was just confusing," said Nancy Cowles, director of Kids in Danger, a safety advocacy group. "I think this clarifies things — bare is best."

In a statement, the academy said that although the number of deaths associated with sudden infant death syndrome has declined in the last two decades, sleep-related deaths from suffocation, entrapment and asphyxia have increased.

Besides stating that bumper pads should not be used, the group also recommended that babies always sleep on a firm surface, not in car seats or other products that babies sit in. Wedges and positioners shouldn't be used, and the policies recommend breast-feeding and immunizations to reduce SIDS deaths.

Cowles and other safe-sleep experts often promote the "ABCs" of safe sleep — babies should sleep alone, on their backs and in a crib. Infants can lack the motor skills and strength to turn their heads if they roll against something that blocks their breathing.

Dr. Michael Goodstein, a member of the academy's task force and a neonatologist at York Hospital in Pennsylvania, said parents who remove bumpers from cribs should not add other soft bedding like pillows or blankets instead.

"Soft is just bad," he said.

In March, the Tribune reported that federal officials have investigated at least a dozen deaths where bumpers appeared to play a role. In those fatalities, the Consumer Product Safety Commission said bumpers were not clearly the culprit because other items were also in the crib. But in reviewing the agency's own records, the Tribune found that in many of those cases, babies who died were found with their faces pressed into bumper pads.

The Tribune also found at least 17 additional cases in which the safety agency did not investigate a child's death even though the agency had reports on file suggesting bumper pads played roles in the fatalities. The Tribune looked into some of the cases and found that medical examiners and coroners said bumper pads were involved in the suffocations.

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source: chicagotribune.com (Gabler, 10/18)

Texas's loser pays law anticipated to have minimal effect

Texas Governor Rick Perry's latest plan to kick trial lawyers out of his state may not send them packing after all.

The so-called "loser pays" law that Perry has touted as he seeks the Republican nomination for U.S. president will not have a significant impact in his state, according to attorneys and legal experts. The measure has sparked interest among proponents of legal reform nationwide, though other states are not rushing to adopt similar laws.

Legal experts say the Texas law, which in certain cases makes the loser in a civil lawsuit pay the other side's legal fees, is narrowly written, and will only affect a small number of lawsuits, perhaps 5 percent of those filed in Texas.

"It's a triumph of labeling," said Walter Olson, a fellow at the libertarian Cato Institute in Washington, and an expert on legal reform. "This is not a 'loser pays' system -- not even close. It is one little slice of 'loser pays' that wouldn't have been given national attention if the label hadn't been slapped on it."

Perry, the Republican frontrunner in the 2012 presidential campaign, made the legislation an "emergency" item on his 2011 agenda as governor.

He said the law will not only reform Texas' legal system, but will also create jobs. Because they will be able to avoid "frivolous" lawsuits, employers will flock to the state to do business, he said.

But the new "loser pays" provision likely will be invoked only occasionally, only in cases dismissed from court in the early stages, said Bradley Parker, a partner at law firm Parker McDonald in Fort Worth.

Perry has boasted about the new law on the campaign trail, including at a nationally televised Republican presidential debate earlier this month when he said the measure, coupled with previous reform efforts, would go a long way to "tell the trial lawyers to get out of your state."

The law is significant, says Perry spokeswoman Allison Castle, because it "streamlines" litigation and "keeps defendants from being "dragged through months, or even years, of expensive discovery before the court can dismiss the case."

The Texas law, which went into effect on September 1, brings the state in line with other U.S. states by allowing a judge to declare an early dismissal of a lawsuit. Now, when a judge throws out a case because it has "no basis in law or fact," the court will award attorneys' fees to the prevailing party.

Alex Winslow, executive director of Texas Watch, a consumer advocacy group, said he was more concerned with another part of the law: changes to a provision that might be nicknamed "winner pays." that could discourage individuals and small businesses from bringing legitimate lawsuits against large corporations

If a plaintiff rejects a settlement offer and subsequently wins an award worth less than 80 percent of the rejected offer, the defendants can recover litigation costs out of the jury award.


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source: Reuters (Herbst, 9/28)

2 in Texas get sick from melons

Health officials have issued a warning for cantaloupes from a revered melon-producing area of Colorado amid a bacteria outbreak blamed for four deaths in the state and New Mexico, troubling farmers who depend on sales of the fruit.

The warning from the Centers for Disease Control and Prevention came after numerous cases of a strain of Listeria were reported in six states, including at least 11 from Colorado, 10 from New Mexico, two from Texas, and one each from Indiana, Nebraska and Oklahoma.

The agency said it was the first Listeria outbreak linked to cantaloupe in the United States. The U.S. Food & Drug Administration said it had not recalled the melons while it worked to locate the source.

Rocky Ford cantaloupes, named for a region along the old Santa Fe Trail about 130 miles southeast of Denver, are prized for their above-average sugar content.

"This is really silly. You can get Listeria any place. I eat those melons every day," said Kent Lusk, a fifth-generation cantaloupe farmer from Rocky Ford.

Colorado Agriculture Commissioner John Salazar said the contamination might not be the cantaloupes, but a truck or other source. But several Colorado grocery chains pulled their supplies as a precaution, and New Mexico issued a voluntary recall. State Environmental Health Bureau inspectors were collecting cantaloupe samples from grocery stores and distributors across New Mexico for laboratory analysis.

Listeriosis is a serious infection usually caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, pregnant women, newborns and adults with weakened immune systems.

Colorado health director Chris Urbina said people who are at high risk included people 60 and older, those with weakened immune systems from transplants and people with chronic diseases. Symptoms can include fever, muscle aches, diarrhea, headache, stiff neck, confusion and convulsions. Listeriosis can cause miscarriages and stillbirths.

The CDC warning advised people with cantaloupes at home to see if they came from the Rocky Ford region, and if so, not to eat the melons if they're in a vulnerable group. Health authorities asked people throwing out Rocky Ford cantaloupes to put them in a sealed plastic bag before putting them in the trash.

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source: Houston Chronicle (AP, 9/14)

Judge's son among those arrested during Labor Day incidents

The son of Midland County Precinct 2 Judge David Cobos was among more than 30 people arrested in the county for drunken driving during the holiday weekend.

Most were first- or second-time offenders, but others were arrested in the commission of other dangerous and violent crimes while allegedly driving drunk.

Joshua David Cobos, 21, and Jose Guadalupe Robles, 37, both were arrested for a second-degree felony charge of aggravated assault with a deadly weapon, a motor vehicle in this instance. Cobos also was arrested for a first-time offense of misdemeanor driving while intoxicated. Robles also was charged with a second-degree felony of endangering a child. The men were arrested Sunday night.

But Cobos wasn't the only one arrested for allegedly driving while intoxicated. There were 14 other arrests for a first-time offense, four for a second-time offense and five for a third or more charge of DWI. Also, eight people were arrested on misdemeanor charges of DWI with an open container, for a total of 32 arrested for DWI between Friday afternoon and Monday night, according to records obtained by the Reporter-Telegram from the Texas Department of Public Safety, Midland County Sheriff's Office and the Midland Police Department.

"I figured the arrests would have been a lot lower this weekend because of how much we publicized the crackdown," Sheriff Gary Painter said Tuesday afternoon.

But for all the arrests, Painter said, he was happy there weren't any deaths or significant injuries related to drunken driving. He said he hopes to partner with local law enforcement and the district attorney's office more often for "no refusal" weekends.

"This many intoxicated drivers is extremely dangerous," Painter said before reiterating his hope there will be many more crackdown weekends in the near future.

Cobos' son

Midland police were alerted to a rolling, mobile disturbance Sunday shortly before 9 p.m. Officers were originally told the "road rage" incident occurred at the intersection of Andrews Highway and West Illinois Avenue, but were advised shortly after that the vehicles were still "smashing into each other" and headed southbound on Andrews Highway, according to Cobos' and Robles' arrest reports.

Police finally caught the pair at the intersection of West Florida Avenue and South Garfield Street after both vehicles were disabled because of multiple collisions.

After interviewing witnesses and viewing the physical evidence, police determined the disturbance started around the 300 block of Andrews Highway. Reports said Cobos was driving a green 1995 GMC 1500 and Robles was driving a tan Buick Park Avenue when the pair got into a verbal disturbance while driving.

There were conflicting accounts of how the dispute began, but both parties are alleging the other was responsible, police said.

Robles told police officers that Cobos intentionally pulled in front of him, cutting Robles off and causing Robles to slam into the back of Cobos' truck. He then said Cobos threw a beer bottle at his car.

Cobos told officers he accidentally cut Robles off, causing the accident but said there was no intent. He added that Robles continued to pursue him, eventually and repeatedly striking his truck multiple times near the 2100 block of West Florida Avenue.

Regardless of how the incident began, officers concluded there were "straight tire marks from (Robles' vehicle) slamming into (Cobos') vehicle," according to Robles' arrest report.

Witnesses told police the pair began fighting after the final collision.

Based on the evidence and reports attained, Midland police decided to charge both in the rolling assault. Officers wrote in Cobos' arrest report that he used "his (pickup) as a weapon when he intentionally stopped the vehicle in an intersection in a manner that caused a collision with the victim," according to Cobos' arrest reports.

Because multiple witnesses had seen Robles repeatedly slam into Cobos' truck, he also was booked for the same charge. "Due to the fact that (Robles) intentionally struck (Cobos') vehicle and at the same time had a child under the age of one (in the vehicle), he was charged with aggravated assault with a deadly weapon and endangering a child," according to Robles' arrest reports.

Judge Cobos was on call during the holiday weekend, but upon hearing of the incident, he recused himself from the case. Precinct 4 Judge George Zimmerman presided over the arraignment of the younger Cobos.

"I'm a by-the-book judge," Cobos told the Reporter-Telegram in his office Tuesday afternoon. "I immediately recused myself. I've never done anything improper, nor will I start now."

He declined to discuss much of the incident on the record, but a visibly distraught Cobos said he was sad over his son's alleged actions.

Judge Cobos said elected officials, judges and police officers all have families and sometimes they have to deal with issues like any other citizen.

"I'm a damn tough judge and I applied the same standards at home," Cobos said. "When you're an adult, you make your own decisions ... sometimes in spite of what you're taught."

Judge Cobos said he declined to bond his son out of jail.

Joshua Cobos remained in jail Tuesday night on a $17,500 bond for the second-degree felony and for misdemeanor DWI. Robles also remained in jail Tuesday night on a $13,500 bond for two second-degree felonies. If convicted each could receive up to 20 years in prison for the aggravated assault. Robles also could receive an additional 20 years for endangering a child while striking Cobos' truck.

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source: mywesttexas.com (Cannon, 9/7)