As Texas begins to reopen, many business owners are worried about the potential liability of an employee or a customer catching COVID-19. Kelly Curnutt sat down with Ross Paterson of XM Performance to discuss this very issue.
In short, a business owner can be sued if the business owner is negligent. Negligence is shown by proving that an individual has not taken reasonable care in providing for others. An easy way for a business owner to show that reasonable care has been taken is by following the guidelines set by the state of Texas for businesses of all shapes and sizes, found here: https://www.dshs.state.tx.us/coronavirus/opentexas.aspx
To watch the full webinar, click here: Liability for COVID-19.
If you have questions about what potential liabilities exist as you reopen your business, call our office at (817)548-1000 to see how we can help you.
If you or someone you know is injured in a car wreck, don’t panic. Call Curnutt & Hafer to see how we can help you today.
About Curnutt & Hafer, L.L.P.
The team at Curnutt & Hafer provides high-quality representation focused on bottom line results. A recognized business trial practice and listed as a “Go To” litigation firm in the Fortune 500 list of attorneys, they have the know-how and expertise to solve every legal problem, whether in the boardroom, the field or the courtroom. Areas of practice include commercial litigation, will disputes and probate litigation, oil and gas litigation, franchising, insurance coverage and bad faith, and injury and death cases. Visit CurnuttHafer.com to learn more
Thank you to the US Business News Legal Elite Awards for recognizing Curnutt & Hafer in the category “Best Civil Trial Law Firm in Texas”! Congratulations to our partners, Kelly Curnutt and Doug Hafer, but most important, thank you to our clients for their trust!
The full press release:
US Business News Unveils the Legal Elite Awards 2019 Winners
United States, 2019 – US Business News announces the winners of the Legal Elite Awards 2019
The legal industry is fast-paced and exhilarating sector, with individuals and firms eager to excel within this domain. The innovative ways, tireless efforts and the dedication shown has seen these leading lights achieve outstanding results.
As such, the Legal Elite awards celebrates the skill and dedication of firms, teams and individuals, from across the US, who help and support the legal process.
Expressing their pride in these deserving winners and the success they have achieved over the past year, Kaven Cooper, Awards Coordinator commented: “These awards highlight the most respected lawyers and attorneys as well as their fields of expertise and the companies they represent, and focus on the incredible results that come of commitment and passion in the industry. Congratulations to all of our winners and I look forward to hearing about your future endeavours and successes.”
All winners for the awards were the result of months of research and analysis from US Business News’ dedicated awards team. As a result, each and every winner was chosen on merit only, and can take great pride from the fact that they were selected for their success.
The Supreme Court of Texas held in In re City of Dickinson that the attorney-client privilege is not waived for clients who offer expert testimony in their own case. The Court’s holding emphasized the importance of the attorney-client privilege and its role in the legal system.
The dispute arose when Texas Windstorm Insurance Association, the Defendant, offered an affidavit from its corporate representative that included both factual and expert opinions on the Defendant’s behalf. The Plaintiff, the City of Dickinson, contended that the email communications between the attorney and his client about the client’s expert testimony were discoverable because the City, as the client’s opposing party, was entitled to discover “all documents . . . provided to, reviewed by, or prepared by or for [an] expert in anticipation of a testifying expert’s testimony” under Texas Rule of Civil Procedure 192.3(e)(6). The trial court agreed with the City and ordered Texas Windstorm to produce the emails, which prompted Texas Windstorm to seek mandamus relief.
In making its decision, the Texas Supreme Court focused on whether Texas law required a party to disclose material that would otherwise be considered privileged. The Court looked to Texas Rule of Civil Procedure 194.2 rather than Rule 192.3, because Rule 194.2 discusses the permissible content of requests for disclosure. The Rule states in relevant part that “[a] party may request disclosure of . . . all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony” so long as the expert is testifying and “is retained by, employed by, or otherwise subject to the control of the responding party.” The Court held that although a party may be permitted to request such disclosures under Rule 194.2, the Rule does not mandate a party to make such disclosures.
The Court then looked to two other provisions within the Texas Rules of Civil Procedure to confirm that Rule 194.2 does not require disclosure of privileged material. The Court first looked to Rule 194.3 which provides that information under Rule 194.2(f) (expert witness testimony) must be disclosed by a request for disclosure “unless otherwise ordered by the court.” The Court stated that this language indicates the Rules do not require disclosure, but allow the trial court to limit or relieve any parties’ disclosure obligations under Rule 194.2.
The second provision the Court’s opinion discussed was the official comments to Rule 194 which explain that a responding party may assert any privilege to a Rule 194.2 request, with the exception of work product. The commentary states in relevant part that “[a] party may assert any applicable privileges other than work product using the procedures of Rule 193.3 applicable to other written discovery.” The Court concluded that the comment is clear that the Rules do not mandate disclosure of privileged material, and a party may assert such privilege when applicable, as it was in the case before the Court.
The Court cited several instances where Texas courts have overwhelmingly upheld the attorney-client privilege and noted its importance in promoting an attorney’s duty to provide candid legal advice. The Court’s holding confirms that Texas courts will uphold the attorney-client privilege at any instance when the Rules permit it to do so.
[1] In re City of Dickinson, No. 17-0020, 2019 WL 638555 (Tex. 2019).
Stop, stay calm and assess the situation for injuries or any further damages.
If it’s safe, move the vehicles to the side of the road or out of traffic.
Call the police or 911 for help.
Call your significant other, family member, or friend to let them know what happened.
Be very careful what you say and do not admit fault unless it is obvious. Apologizing for the wreck or saying ‘sorry’ can be seen as admitting fault.
Get the other driver’s information – sharing phone numbers and getting pictures of each other’s driver’s license and insurance cards will work.
Take multiple photographs of all the vehicles involved, the roadway and scene of the accident, and even possibly where the sun is in relation to the accident site.
Get contact information for any witnesses. This includes names, phone numbers and addresses.
See the doctor if you are hurt or start to experience pain. Don’t delay getting treatment. If you are in need of medical attention, go see a doctor immediately.
Call your lawyer. Although you may not need legal assistance, your lawyer can guide you in any necessary steps in the claims process. At our firm, both Kelly Curnutt & Doug Hafer are Board Certified Personal Injury Trial lawyers, and have over 50 years of combined experience with personal injury cases. If you have been injured in a car accident, call us (817) 548-1000 and let us help you. We are there when you need us.
