PROTECTING YOUR RIGHT TO A FAIR TRIAL

Some organizations in Texas strive to protect the rights of citizens, consumers and workers. Texas Watch is a non-partisan, advocacy organization working to improve consumer and insurance protections for Texas families.
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At a recent local meeting, a representative of Texans for Lawsuit Reform (TLR) passed out brochures which included phony newspaper headlines such as “Viewer Vomits, Sues NBC”, “Woman Sues Phonebook Company Over Botched Liposuction”, “Startled Neighbor Successfully Sues Teens Over Cookies ....”, and “Student Stressed Over Summer Homework Sues School”.  In the battle for the hearts and minds of the public, jurors and legislative bodies, special interest groups such as TLR and the insurance industry relentlessly use ridiculous nonsense like this to persuade the public that a lawsuit is a “lottery” for a lawyer and client and that there is a flood of “abusive lawsuits and outrageous claims.” These groups even use the media, talk show personalities and opinion columnists to spread their lies.  The scheme has been incredibly effective.  It is now common in selecting a jury that several jurors will say they believe there should be a legal limit on damages, that no money should be awarded for physical pain and mental anguish, and that there are far too many frivolous lawsuits.  Repetition, even of a lie, does work.

Bob Perry, founder of Perry Homes, has been one of the leading contributors to TLR. Perry recently lost a 15 year court battle in a case regarding a defective home built by Perry Homes.

 According to the Dallas Morning News,

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/columnists/wslater/stories/021010dntexslater.10075e2ff.html, homeowners Bob and Jane Cull finally prevailed in court recently over the mega-builder Perry.  15 years ago, Bob and Jane Cull bought their dream retirement home in Mansfield, Texas.  The home showed signs of foundation failure and other major structural defects shortly after the Culls moved in.  Perry Homes refused to repair the defects, forcing the Culls to take their case to arbitration.  The arbitrator ruled in favor of the Culls and Perry was ordered to pay $800,000 in damages.

As explained by Texas Watch, http://www.texaswatch.org/2010/03/jury-sends-message-corporate-abuse-will-not-be-tolerated/ , rather than simply comply, Perry Homes appealed the decision.  After years of waiting on the Texas Supreme Court’s docket (which has a long history of reducing the role of juries and forcing consumers to accept binding arbitration) the court eventually vacated the arbitrator’s judgment on a 5-4 vote in 2008, sending the case back to state court.  All nine members of the state’s high court had received political contributions from Bob Perry, the nation’s largest individual campaign contributor.

Recently, a Tarrant county jury decided in favor of the Culls against Perry and awarded the Culls damages for Perry’s failures.

http://blogs.dallasobserver.com/unfairpark/2010/03/david_wins_51_million_in_case.php

Legal analysts agree that Perry will likely appeal the judgment and further delay the Culls’ right to be made whole.  The case will almost certainly be heard again by the same Texas Supreme Court that has accepted and will continue to accept Perry’s campaign contributions.  The jury’s verdict included a finding that Perry and the warranty company had knowingly engaged in false, misleading or deceptive acts and that both had committed fraud against the homeowners.  The jury was so angry at Perry’s outrageous conduct that it awarded $40 million in punitive damages.  While legal experts agree that the punitive damage award will not stand, one would think that Perry would get the message.  But, rather than express regret and remorse, Perry’s spokesman issued a statement that “jackpot justice continues to be a problem in the Texas court system.”

What is ironic in this case is that Perry and TLR have spent a substantial sum of money and time trying to deny Texas citizens access to the courts and limit their rights to a jury trial.  One way they do this is by forcing binding arbitration and other business and insurance friendly forums onto the public.  But when Perry loses in arbitration, the results are challenged in front of his friendly Texas Supreme Court where Perry asked for …. ? A jury trial.  The same thing he's so eager to deny to others. Big corporations, insurance companies, and doctors want to be immune from the  jury system until they need it.

If you have a case against a large corporation or insurance company, our lawyers at Davis & Davis can help.  Call today 9797-776-9551