texas

Published on: October 31, 2018

Should I Even Bother Filing Suit? One Lawyer’s Take on a Commonly Asked Question

This is a question that I am asked over and over in my practice: Should I even bother?

It is a good question. A valid question. Why? Because filing suit, hiring attorneys and spending the next year (or more) and thousands of dollars in litigation is not something that should be taken lightly.

So, how do I answer the question? I answer by asking questions. Mainly, it is three questions, with several sub-questions that follow: How much is the case worth?; Who are we suing?; and is there an alternative to filing suit? Once we answer these questions and their follow up questions, I can usually put together a case plan tailored to your case that will help us determine what steps to take first, including whether or not you should even bother filing suit.

Published on: September 14, 2018

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

by Guest and Gray Law Firm

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: 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: April 6, 2018

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

by Guest and Gray Law Firm

Rockwall is a destination for residents and businesses alike. Rockwall has it all. High end living, great places to eat, Lake Ray Hubbard, easy access to Dallas and East Texas. Overall, it is a great place to live and raise a family. It is also a great place to start a business because of the high population density in Rockwall and the fact that it is a hub for several major interstates and highways.

Guest and Gray, P.C. is the largest and highest rated law firm in Kaufman and Rockwall counties. Our staff of attorneys is dedicated to serving the Rockwall area. We are the local, trusted law firm who has represented hundreds of Rockwall county residents over the years in various legal disputes.

We are a full service law firm practicing in the following areas of law in Rockwall County, Texas:

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

Forney and Rockwall Civil Litigation Attorney

by Guest and Gray Law Firm

Guest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

Published on: March 23, 2018

Law That Bites: The Texas “One Bite Rule”

by Guest and Gray Law Firm

According to Centers for Disease Control, there are approximately 4.5 million dog bites in America each year. Texas leads the nation in dog related fatalities, according to the most recent study of fatalities from 2005 to 2017, there have been 52 fatalities linked to vicious dog attacks, ranging in ages from 85-years old all the way down to just a two month old baby. In 2016, Texas ranked second overall in dog related fatalities.

The funny thing is that Texas, despite leading the nation in dog attacks and dog related death, does not have a statute that covers civil liability for dog bites.

Say what?

Published on: March 12, 2018

Higher Liability Coverage or Uninsured/Underinsured: Which Should I Buy?

by Guest and Gray Law Firm

Which should I buy: higher liability coverage or Uninsured/Uninsured Coverage? During conversations with clients, this is a question that comes up quite often. This especially when the client has significant medical damages that exceed the minimum policy requirements in Texas and we are trying to figure out how to get all of the bills paid.

What is the Minimum Liability Coverage I am Required to Have In Texas?

Under Texas Transportation Code § 601.072(a-1)(1-3), the owner of a vehicle is required to carry at least:

Published on: March 9, 2018

Purchase and Sale Agreements in Texas Business Acquisitions

by Guest and Gray Law Firm

The Purchase and Sale Agreement

Purchase and Sale Agreements are required when a person or entity acquires another business or assets of another business. These sorts of documents are common place and if you are in the market to purchase an existing entity with ongoing operations, this is a document that you should become quite familiar with before actually signing on the line. It is also a complex document that should be drafted by an attorney. Many people that I have spoken to over the years have not wanted to hire an attorney because of the additional cost. However, when you are spending hundreds of thousands and even millions of dollars on purchasing a new company or business assets, saving a little bit of money on attorney’s fees is not worth it if you mess the whole thing up and it costs you big time in the future.

Here is a basic run down of a Purchase and Sale Agreement. It is a lot like a Residential Real Estate Contract, but with some additional terms and sections that make it a much more complex document that a Realtor or broker, absent a corresponding law license, should not be drafting from scratch on their own.

Published on: February 13, 2018

Civil Litigation: Affirmative Defenses

by Guest and Gray Law Firm

When speaking with an attorney about how to defend yourself in a lawsuit, or how the defense may counter any claims they may bring as a plaintiff, you need to be informed of the different kinds of defenses the other side may have. One type of defense is called an “affirmative defense”. An affirmative defense is different from a general denial. A general denial. A general denial, in its most basic form, puts all the allegations in the plaintiff’s original petition at issue. That is why it is called a “general denial” because you are denying each and every, all and singular claims that the Plaintiff has brought against you. By filing a general denial, you have “answered the cause” and the Plaintiff will then be required to prove each and every element of his claims. In addition to the general denial, you may also bring affirmative defenses as well in the same Answer with the court. In some cases, it may also be required that you answer “with specificity” and you may do so by naming specific claims that the Plaintiff has brought against you and deny each of those claims individually and present facts in your Answer that support those specific denials. However, this article focuses on affirmative defenses, how they can be used and why they can be so effective. If you have any questions about any defenses you may have after you have been sued, contact the experienced civil litigators at Guest and Gray, P.C.

WHAT IS AN AFFIRMATIVE DEFENSE?

An affirmative defense “seeks to establish an independent reason that the plaintiff should not recover” and is “thus [a defense] of avoidance, rather than a defense in denial”; that is, it is a defense of confession and avoidance. In re C.M., 996 S.W.2d 269, 270 (Tex. App.—Houston [1st Dist.] 1999, no pet.); Great Am. Prods. v. Permabond Int’l, 94 S.W.3d 675, 683 (Tex. App.—Austin 2002, pet. denied).