Fatal fire prompts $25M lawsuit

TEXAS CITY — Relatives of a woman who was severely burned in her senior living apartment filed a $25 million wrongful death lawsuit against the apartment complex and its management company.

Melody Fitzgerald Rivera, 52, was a resident of Colonial Park Apartments, a Texas City complex, when a fire erupted in her apartment on April 7, 2010, the lawsuit states.

Tuesday, attorney Trey Apffel III filed the lawsuit in Galveston County Probate Court on behalf of Rivera’s children, Clifford Ray Trapani and Wendy Gail Trapani Andersen. The lawsuit names as defendants H M Management Co., of Fayetteville, Tenn., and Texas City Limited Partnership, which was doing business as Colonial Park Apartments.

Firefighters responded to the 1:30 a.m. blaze in the 1100 block of 34th Street North and found the fire had quickly spread through an apartment and into a second-story unit, Texas City fire Chief Brud Gorman told The Daily News for a story published the following day.

The fire spread while Rivera was sleeping, the lawsuit claims. Firefighters pulled Rivera from the apartment, and an ambulance took her to the University of Texas Medical Branch.

Rivera suffered third-degree burns, the most serious of burns, to 65 percent of her body, and she was admitted into the university’s burn unit, the lawsuit claims.

Rivera’s first skin-grafting surgery took place the day of the fire, and she would endure three others through April 19, when she was in critical condition, the lawsuit claims.

Rivera’s wounds progressed to the point where she became septic. She died April 21, 2010.

“Her condition continued to deteriorate over this time until she developed acute respiratory failure,” the lawsuit claims. “She ultimately succumbed to her injuries.”

The cause of the fire was electrical in nature and started in a mechanical closet that housed the apartment’s heating and cooling unit, the lawsuit claims.

The closet’s configuration had the unit’s power cord routed over the top of the unit to reach the electricity plug, the lawsuit states.

“The source of the ignition for this fire stemmed from an electrical failure involving the HVAC line cord at the approximate location where the cord traversed and laid across the top edge of the north side for the air handler housing,” the lawsuit claims.

The cord’s insulation was compromised and the heating effects associated with micro arcing

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source: Galveston Daily News (Paschenko, 2/19)

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)

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)

CVS to pay $2 million in overcharging, misleading-ads settlement

CVS Pharmacy has agreed to pay more than $2 million in fines and other costs to settle a consumer protection lawsuit alleging that the drugstore chain overcharged customers for sale items and engaged in misleading advertising.

The civil complaint, filed Aug. 11 in Los Angeles County Superior Court, alleged that CVS failed to provide an immediate discount for certain advertised items. An investigation also determined that since 2006, the company routinely charged consumers more for items than the advertised sale price.

Under the terms of the settlement, CVS agreed to pay $1.2 million in civil penalties and $420,000 in investigative costs.

The company also agreed to contribute $300,000 to the California Department of Measurement Standards and $100,000 to the Consumer Protection Trust toward enforcement of consumer protection laws, according to the Los Angeles County district attorney's office.

A CVS spokesman said that the company worked cooperatively with the district attorneys for Los Angeles, Riverside and Ventura counties to resolve the allegations but that it did not admit any wrongdoing.

CVS also agreed to initiate and administer pricing programs for three years to ensure that consumers are not overcharged for their purchases.

Prosecutors said the company would undertake weekly in-store inspections to ensure pricing accuracy. CVS also will implement a "scan-right" program guarantee that will give consumers up to $2 off if an item has scanned at a higher price than advertised.


source: LA Times (Chang, 8/20)

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Two dead in early morning 18-wheeler crash on I-12 in St. Tammany

NEW ORLEANS, LA - Two women died in a crash on Interstate 12 in St. Tammany Parish Friday morning after their SUV was rear-ended by an 18-wheeler, authorities said.

Anthony Hernandez, 34, was driving the truck westbound about three miles from the Louisiana 59 exit when he moved into the left-hand lane to pass another vehicle about 1:10 a.m., Trooper Nick Manale said. When Hernandez, of New Braunfels, Texas, tried to re-enter the right-hand lane he apparently did not notice a Ford Explorer traveling directly in his path, Manale said.

Hernandez slammed into the back of the SUV, which was driven by Desiree Hudson, 35, of Robert, Manale said. The crash caused the car to spin off the highway before striking several trees on the side of the road, he said.

Hudson and her passenger, 54-year-old Colleen Randall of Covington, were both pronounced dead on the scene by the St. Tammany Parish Coroner's Office. Both women were wearing their seatbelts at the time of the crash, Manale said.

Hernandez, who was also wearing his seatbelt, was not seriously injured in the crash, Manale said. He submitted to a chemical test that showed no sign of alcohol in his system, he said.

Hernandez was booked into the St. Tammany Parish jail in Covington with two counts of negligent homicide and one count of careless driving.


source: www.nola.com (Adelson, 6/24)