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Published on: September 14, 2018

Kaufman County Constable’s Alleged Sexual Assault of Woman Highlights Police Abuse of Power and Civil Rights Violations

Recently, inForney.com broke the news that Kaufman County Deputy Constable, Grant Cousins, had pled guilty to perjury stemming from an investigation done by the Texas Rangers involving allegations of sexual assault of a woman that occurred at a gravel pit located in Kaufman county. The allegations stem from an evening when, according to the report, Deputy Cousins had the woman in his patrol car “looking for narcotics locations”. This raises real concerns for the Constable’s office, Kaufman County, and the Kaufman County citizenry (because they could be on the hook for any settlement proceeds the County may have to pay out to settle her claims).

So, if the alleged victim were to sue Kaufman county, what would the lawsuit be about? It will likely be a Section 1983 claim found under federal law. Deputy Cousins is a Deputy Constable and would therefore be considered a “state actor” for purposes of the Statute. There is a lot of interesting case law on this issue, because believe it or not, police officer malfeasance of this sort is not that uncommon, but one case in particular has stood out to me. In Fontana v. Haskins, that case dealt with a woman who had been arrested and was therefore in the custody of the police at the time of the alleged malfeasance. Apparently, officer Haskins made unwanted advances and attempted to touch Fontana inappropriately without her consent.

The Court discussed the case under fourth amendment and fourteenth amendment grounds and whether the federal district court had properly granted summary judgment in favor of the Defendant officer. They concluded that the district court had erred in their ruling and allowed the case to move forward for trial. What is particularly interesting for our purposes is that (1) the Court discussed the behavior as fourteenth amendment violations, i.e. violation of due process, conduct that shocks the conscience. They noted that while sexual misconduct of an officer of an arrested person implicates the fourth amendment, when a police officer commits a sexual offense to a general person, i.e., regular citizen, the court analyzes it under the fourteenth amendment.

Published on: August 30, 2018

Kaufman County Crash Statistics 2017- By The Numbers

by Guest and Gray Law Firm

Kaufman County is growing and FAST. We are quickly transitioning from rural/agricultural to suburban landscape. What once was pastureland and rolling east Texas landscape is now turning into neighborhood after neighborhood and bustling street to bustling street. Especially the corridor between 175 in Crandall to Highway 80 in Forney and beyond. It seems like if you don’t pass through an area for a month or two the next time you go through a new neighborhood has popped up. Now, that is great for local businesses and the local economy, but such consistently high growth puts a strain on the transportation systems of these once smaller communities to make up for the additional drivers on the roads. This is Texas, afterall. Everyone has to drive because everything is at least a 20 minute drive.

TxDot recently released the 2017 crash statistics which has some positive and negative results for Kaufman county. First, the overall number of crashes is actually down. That’s right. Down. Kaufman county went from 2,008 total crashes in 2016 to 1,897 in 2017. We also saw a flatline in the number of injury accidents and incapacitating injury accidents, when taking into account the high number of new drivers on the roads, that is a positive. There were 177 non-incapactating accidents in 2016, and the number only moved to 179 in 2017 with an increase of only 3 additional injuries overall to 244 from 241. The number of serious accidents went way down from 118 to 78 and there were 108 serious injuries, down from 145 in 2016. That is a testament to the local communities efforts to upgrade the roadways to make them safer for local drivers.

The negative is that the number of fatality accidents are considerably up. In 2017 there were 27 fatality crashes that resulted in the deaths of 31 people. In 2016, there were only 21 fatality accidents resulting in 28 deaths. Overall, not that big of a jump in deaths, but the number of fatality crashes is up by almost a third. That has to be a worry for local communities moving forward as this county continues to grow and prosper under Texas’ strong economy. As jobs and housing continues to come into Kaufman county, we can only expect that this number will continue to rise.

Published on: July 3, 2018

Happy Fourth of July. Now Don’t Hurt Yourself…

by Guest and Gray Law Firm

Tomorrow is the fourth of July, and in honor of our nation’s greatest holiday and the birthday of American freedom, we would like to say “Happy Fourth! Now don’t hurt yourself”.

We’ve all done it. Who can honestly say that they haven’t lit off a bunch of black cats and thrown them at a few of our best buddies? Oh, you can’t say that? Good. You’re smart. Don’t do that because its dangerous. But a lot of us did and I am glad we survived.

Recently, Motherboard released a compilation of the craziest and dumbest fireworks accidents in honor of the fourth of July holiday. There are some crazy accidents on there. Like when a kid lit a firecracker and threw it in a sewer and then stood on the manhole cover. Apparently that kid lived to regret it. Or the time a guy from Brooklyn was smoking a cigar and holding a firecracker at the same time and blew his own finger off. This year, don’t be that guy. Don’t be that kid. Because then websites like Motherboard will write stories about you and make money on advertising. Its embarrassing. Instead, if you want to do something really cool with fireworks, be this guy who flew a drone through a fireworks show. That is awesome. Plus, no one gets hurt.

Published on: June 28, 2018

Guest and Gray: Exceeding Expectations

by Guest and Gray Law Firm

At Guest and Gray, we know that if you are in an attorney’s office, typically that means something has gone wrong. You have been arrested. Injured in an accident. Marital problems. You have been sued. We understand the stress that is involved in each case and we seek to take that stress away and make your problems OUR problems.

Guest and Gray did not become the largest and highest reviewed law firm in Kaufman and Rockwall counties by mistake or accident. It was through hard work and dedication to our clients. It was done by consistently exceeding our clients expectations for their case. We cannot promise victory. In many cases, regardless of outcome, there is no “victory”, only resolution. Our promise to you is that we will work hard for you in order to obtain the best possible outcome for your situation. That is the only guarantee we can give.

Each case is important because attached to each case is a real person. No matter how many clients or how many cases we have, your case is important to us. Our caring support staff and experienced attorneys will fight hard for you each step of the way.

Published on: May 17, 2018

Forney and Rockwall Area Truck Accident Lawyers

by Guest and Gray Law Firm

Guest and Gray is the firm to turn to if you or a loved one has been injured or killed in an accident involving an 18-wheeler or other commercial vehicle. Our firm is based in the Dallas area with offices in Forney and Rockwall to meet the needs of our injured clients. Guest and Gray is a firm with small town values with big-city experience. Our personal injuries attorney’s have won millions for our injured clients and their families.

18-wheeler accidents are a different kind of animal than a standard motor vehicle accident. They are more fact specific and the at-fault party’s insurance company will look for more ways to refuse to pay. The number one tactic is become best friends with the claimant or portray to the grieving family that they truly care, and then send them a low-ball offer in an attempt to get them to settle before they meet with an attorney and find out the real value of the claim. Do not fall for this age old trick! Before you accept any settlement from the insurance company or the at-fault party, you need to speak with an experienced personal injury attorney about what is truly in your best interest.

Have You Or a Loved One Been Severely Injured in an 18-Wheeler Accident?

Published on: April 6, 2018

Terrell Civil Litigation Attorneys: Guest and Gray, P.C.

by Robert Guest

Guest and Gray, P.C. is a the largest local law firm in the Kaufman, Forney and Terrell areas. We are also the largest firm in Rockwall county. With over 100 years of combined legal experience, Guest and Gray, P.C. is prepared to handle almost any legal matter that you may have.

Terrell is a city on the rise. The city planning and Economic Development corp, Terrell America, have done a fantastic job of bringing business into the city. This means new jobs and new jobs will mean new residents. Terrell, like all of Kaufman county, is growing at a rapid pace. Terrell is becoming the East Texas hub that it once was when our parents were growing up. I remember my grandparents telling me about how they used to come in from East Texas just to go eat or shop in Terrell. Terrell is becoming that city once again.

Guest and Gray, P.C. is committed to the businesses and residents of Terrell and Kaufman county, and we are here to serve in numerous legal capacities. We are a full service law firm dedicated to providing the best legal representation around. Whether it be general civil litigation, such as contract or real estate disputes, or estate planning, probate and contested Wills. We even handle the more complex cases that most smaller and solo firms won’t handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services. You name it, Guest and Gray, P.C. has an attorney who can guide you through the legal process.

Published on: April 6, 2018

Van Zandt County Civil Litigation

by Robert Guest

Van Zandt County is still mostly rural, but what it lacks in size, it makes up for in beauty. The people are great and the cities and towns bring back memories of what Texas was like growing up. But even Van Zandt County cannot escape the growth in nearby Dallas, Kaufman and Rockwall counties. Many people who moved to Kaufman county and Rockwall county to escape the hustle and bustle of city life are now being forced to move further east into East Texas, and the first stop on the way is Van Zandt county. Canton and surrounding areas are seeing large numbers of growth in residential growth, and with First Monday drawing even bigger crowds, the love and allure of East Texas is growing.

As a lawyer, what I see coming for Van Zandt county is increased traffic and traffic accidents and an uptick in civil litigation. Residential growth always leads to commercial growth. Both of those lead to civil litigation, such as real estate and breach of contract litigation. When most people think of hiring a lawyer, their first thought is “I need a Dallas lawyer!”

However, that is simply not the case. Van Zandt county has numerous attorneys who are capable handling any of your civil litigation needs. Guest and Gray, P.C. is a law firm based out of Kaufman and Rockwall counties that seeks to represent people in civil litigation matters all across East Texas, including Van Zandt, Henderson, Smith and other surrounding counties. We love our East Texas neighbors. Our firm is the largest and highest rated firm in Kaufman and Rockwall counties, and no case is too big. We have the staff and resources to fight whatever legal battle you have.

Published on: December 26, 2017

Client Focused Personal Injury Attorneys

by Guest and Gray Law Firm

At Guest and Gray, we understand that customer service and client satisfaction is key to our success. Keeping clients happy is business 101. However, it is easier to do that when you are genuinely happy to provide the service. It is easier when you have a top notch team in place that has been working together for years. It is easier when you care about the service you are providing. When people come to my office, they are hurting. They are worried about their medical bills as well as their light bills and putting food on the table for their family. Here at Guest and Gray, we do not lose sight of that fact. We focus our personal injury practice locally in the Rockwall, Kaufman and Dallas county areas. Why? because we care about this community and the people in it. We care because we live here. You are our neighbors. What a cool job to get to fight for your neighbors when someone has negligently harmed them!

It is a job with a lot of responsibility. Many local Rockwall, Terrell, Forney and other local residents come see me every week and tell me the story of how they have been injured and how that has affected them and their families. Accidents don’t just hurt the person, it hurts their families too. It effects everything they do. Spouses and parents have to spend additional time caring for an injured family member. Watch them receive treatments in the hospital. The worst is when a loved one has been lost due to an accident. That is truly a life-changing event for that family.

It is our goal to show this community the other side of personal injury attorneys. Not the side you see on TV that brags about cherry-picked cases where the clients have received large sums of money. Yeah, we have those but you are not just a dollar sign to us, and we hope we are not that for you either. The law only provides so much remedy to an injured party and the end result of each case is a cash-payout, but our goal is to make sure that you are brought back to where you were or as close to that as possible. We look at every avenue of recovery. Every angle.

Published on: December 5, 2017

Personal Injury: No Fee Until We Win

by Guest and Gray Law Firm

Have you been injured in an accident in Rockwall or Kaufman county? At Guest and Gray, P.C., we take all of our Rockwall and Kaufman county personal injury cases on a contingency basis. This means that there is no fee until we recover. We feel that this is the best possible way to ensure that all of our clients are able to receive the same great legal service regardless of ability to pay. Additionally, we know that our personal injury clients have often been severely burdened by the cost of their injuries, loss of income, or the loss of a loved one.

We also feel a deep sense of connection to our community. We want to protect the citizens of Rockwall and Kaufman county from negligent drivers and deep-pocketed insurance companies who do not have the victim’s best interests at heart.

DO NOT SETTLE FOR LESS

Published on: December 1, 2017

No-Evidence Summary Judgments in Texas

by Guest and Gray Law Firm

Sounds pretty cool, right? No evidence and Summary Judgment together is a pretty awesome phrase. Say that at dinner parties and ears will perk. But make sure you know what it means before you start throwing that phrase out there. If you want to know what it means or how to get one, you’re in luck. I have the information you seek.

The standard for a no-evidence summary judgment in Texas is found under Rule 166(a)(i) of the Texas Rules of Civil Procedure and states as follows:

(i) No-Evidence Motion. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial. The motion must state the elements as to which there is no evidence. The court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact.