Car Hits Parked 18-Wheeler in Grapevine
Monday, February 11th, 2008
Three men died when their car hit a parked 18-wheeler in Grapevine early Sunday morning. Police report that that truck was parked legally.
Archive for February, 2008
Texas Trial Judges Weigh In On "Tort Reform"
Tuesday, February 5th, 2008
Some smart professors at Baylor Law School were skeptical of all the anecdotal “evidence” used by the business and insurance lobbies to push for more restrictions on the rights of injured plaintiffs, so they decided to poll Texas trial judges about “frivolous lawsuits” and “runaway juries.” Here is their conclusion, based on over 300 responses from judges across the state:
“The survey results confirm that most Texas trial judges do not see significant numbers of frivolous filings by people who have no business suing, and plaintiffs with legitimate suits are much more likely to be under compensated than to receive any windfall. Two primary goals for tort jurisprudence are for the victim to receive full compensation and to deter the tortfeasor, and when victims are not fully compensated and tortfeasors are not deterred, neither goal is met.”
Amen, brothers.
The American Jury: The Bulwark of Democracy
Tuesday, February 5th, 2008
Jury service in the United States is unique among justice systems worldwide, so much so that American juries have been called the “bulwark of democracy.” In fact, our Founding Fathers believed trial by a jury of one’s peers to be of equal importance with representative government, and both concepts were integral in drafting the Declaration of Independence. Thomas Jefferson said, “I consider trial by jury as the only anchor yet devised by man by which a government can be held to the principles of its constitution.” Well over two hundred years later, Jefferson’s anchor still holds fast, despite repeated attempts to dislodge it.
But is the jury system at risk? Regretfully, yes. More and more arbitration clauses, anti-consumer legislation, and anecdotal horror stories about “frivolous lawsuits” and “out of control jury verdicts” have put a damper on the number of civil cases that go before a jury. Coincidentally, a recent nationwide poll shows that a majority of Americans do not mind jury service and view it as a privilege and an active part of democracy. It is ironic that in a time of declining access to the courthouse, most of us are willing to serve as jurors.
Quite simply, jurors level the playing field in the search for justice. My favorite fictional lawyer, Atticus Finch, says in that classic book To Kill a Mockingbird, “The only place where a man ought to get a square deal is in the courtroom.” How true. The next time you open the mail to find a jury summons, I hope you’ll take a moment to reflect on the importance of jury service and perhaps groan a little softer. And I hope your experience as a juror is rewarding and meaningful.
Judge Joe Bruce Cunningham, 1928-2008
Monday, February 4th, 2008
The Tarrant County legal community lost a giant of a man last week with the death of Joe Bruce Cunningham, former judge of the 342nd District Court. Integrity, wisdom, and strength of character defined Joe Bruce on and off the bench. He was a fine man and a true gentleman.
Big rig hanging from Fort Worth freeway wall
Friday, February 1st, 2008
FWST reports a tractor trailer wreck this morning at Western Center Boulevard and I-35 in Fort Worth, where the rig ended up hanging over a wall near a southbound overpass. Yep, a truck hanging precariously off the side of a bridge will cause on-looker delay. North-bound folks better hope the wreck is cleared before heading home today.
