BACALA: February 2010

Friday, February 26, 2010

Justified or Frivolous?

Dishwasher wants to reinstate suit against retirement home
2/25/2010 4:13 PM
By David Yates

Dowlen Oaks Retirment Home

A dishwasher who blamed his skin problems on his employer's failure to adequately train him how to wash dishes is asking an appellate court to reinstate his suit against the Dowlen Oaks Retirement Center.

In November 2007, the Southeast Texas Record reported on a suit filed by Gary Stallworth, who claims his sensitive skin condition was caused by washing dishes at the retirement center.

A year later case proceedings were halted, as Stallworth and Dowlen Oaks agreed to enter into arbitration.

On July 2, 2009, an arbitrator granted a no evidence motion for summary judgment by Dowlen Oaks. The unfavorable outcome led Stallworth to jump out of arbitration and back in to the civil courts.

Representing himself, Stallworth filed an appeal in the Texas Ninth District Court of Appeals on Aug. 27.

The case has been set for submission on briefs for Tuesday, May 2. However, a Ninth Court employee informed the Record that as of Feb. 24, no legal briefs have been filed.Through attorney Pat McGinnis, Stallworth originally filed a personal-injury lawsuit with the Jefferson County District Court on Nov. 7, 2007.

Stallworth claims he was washing dishes for Dowlen Oaks on Nov. 28, 2005, when he began to notice a skin problem on his hands.

In his suit, Stallworth claims doctors informed him the injury was caused by the manner in which he was washing dishes."The incident was caused by negligent acts...on the part of Dowlen Oaks," the suit said.

The suit alleges Dowlen Oaks is negligent for failing to provide proper training, equipment and staff and for failing to provide a safe place to work.

Stallworth is seeking damages for his past and future physical pain, mental anguish, lost wages, impairment and medical expenses, plus actual and compensatory damages. Judge Milton Shuffield, 136th Judicial District, presided over the case.

Trial case No. D180-722
Appeals case No. 09-09-00395-CV

http://www.setexasrecord.com/news/225051-dishwasher-wants-to-reinstate-suit-against-retirement-home

Thursday, February 25, 2010

A challenge may be ahead of us... It's time to get out and vote!

Bill White quietly building a big-money machine for governor

7:39 AM Thu, Feb 25, 2010

While the Republicans for governor are battling it out -- raising the spending big bucks in pursuit of the GOP nomination, Democrat Bill White is quietly building a financial base to challenge in the fall. White's attracting support from the party's most potent donors -- trial lawyers, labor and the Democratic establishment. He'll need it if he's the nominee facing a Republican in November.

As I reported this morning, White collected $500,000 from the Democratic Governors Association, according to the latest filings. (Their Republican counterpart dumped $1 million into Perry's reelection four years ago). White also got $50,000 each from trial lawyers Thomas Umphrey of Beaumont, Joseph Jamail of Houston and Richard Mithoff of Houston. Here are some other big-money trial lawyer donations: $25,000 each from Russell Budd of Dallas, Domingo Garcia of Dallas and Cary Patterson of Texarkana; $15,000 from asbestos attorney Peter Kraus of Dallas and $10,000 each from Frank Branson and Marc Stanley, both of Dallas.

White got $50,000 from the American Federation of State, County and Municipal Employees union. And party stalwarts weighed in to begin buildling White's campaign treasury: Waco insurance executive Bernard Rapoport, $15,200; long-time Democratic strategist George Shipley of Austin, $15,000 and former Ambassador Lyndon Olson of Waco, $10,000.

http://trailblazersblog.dallasnews.com/archives/2010/02/bill-white-quietly-building-a.html