Archive for May 24th, 2011

Smith and Hassler files lawsuit against Farmers insured on behalf of 73 year old veteran

In early April Smith & Hassler’s client, a disabled 73-year old Marine Corp. veteran with a heart condition, was involved in a two-vehicle collision in Harris County with another driver insured by Farmers Insurance. According to the Harris County Sheriff’s Department police crash report, the Farmers insured made an unsafe lane change when he merged to his left, colliding with the client’s pickup truck.  The front passenger corner of the client’s pickup truck was damaged, as was the driver’s door area of the Farmers’ insured’s vehicle.  The Farmers insured was issued a citation by the investigating police officer for making an unsafe lane change.

Smith & Hassler’s client had liability insurance only, so the only way his 10-year old pickup truck (his only transportation) was going to be repaired was if Farmers Insurance accepted liability for the accident and paid the claim. In early May, a month after the collision, Farmers Insurance denied the claim stating their insured had “legal control” (whatever that means) over the center turn lane where the collision occurred. Unfortunately our client’s pickup truck will be sold at auction by the storage lot it was towed to in order to cover the accumulated unpaid storage and towing fees that racked up while Farmers Insurance took a month to make a decision on the claim.

Smith & Hassler has filed a lawsuit in Harris County District Court on our client’s behalf seeking damages for his medical bills, general damages and his totaled pickup truck. Farmers Insurance’s slogan is: “Farmers. Gets you back where you belong.”  Hopefully you will never be involved in an automobile accident with someone insured by Farmers and have to learn firsthand whether the slogan holds true.

Our client's pickup was totaled in an accident with a Farmers insured: Farmers denied the claim.

Houston area nun Huong Do killed by 19 year old drunk driver

Channel 2 News is reporting yet another tragic loss of life in Houston due to drunk driving. 35-year old nun Huong Do from the St. Catherine Convent in Houston was involved in a crash at approximately 5:00am Sunday May 22nd at the intersection of Main and Minnesota streets in the city of South Houston. A pickup truck driven by 19-year old Marcos Garza slammed into Huong Do’s Honda Civic, pinning her behind the wheel. Police reportedly said that Garza confessed to running a stop sign at the intersection because he was driving drunk after a night out with his friends. Do was flown to Hermann Hospital in critical condition and on Monday her family made the difficult decision to have her removed from life support. Garza has been charged with intoxicated assault with a motor vehicle and was released on $100,000 bond.

Update: KHOU is reporting today that Garza has been charged with intoxication manslaughter in the death of Sister Houng Do and he appeared in court today. Apparently Garza refused the breath test, so a mandatory blood draw was performed to measure his blood alcohol content. Houng Do was a member of the Vietnamese Dominican Sisters.