Wednesday, September 10, 2014

Labor Day Reminds Us that We Must Protect the Legal Rights of All Employees


I hope that many of you were able to enjoy the recent three-day weekend that Labor Day provided. This holiday, first celebrated nationally following an act of Congress in 1894, celebrates the contributions and achievements of workers across our country.  While it more commonly seems to be appreciated as an opportunity for grilling burgers, heading out to the lake, or enjoying one more afternoon poolside before the gates are locked until next Memorial Day, the intent should not be forgotten.

Workers in a variety of professions find themselves in dangerous situations more often than you might think. There is the commercial truck driver who travels our crowded highways every day. There is the factory worker who handles machinery that, even when that person is expertly trained, can break down and cause injury. There is the electrician who climbs into tight spaces and handles wires that have malfunctioned.

And there is not only the physical harm, but other less noticeable injuries that can occur. Perhaps there is a female doctor in a medical practice who is harassed by her male peers. Or a black man who is passed over for promotions again and again for reasons that cannot be explained.

In all instances, workers need advocates who will stand up for their rights and protect them in the courtroom when needed. There are personal injury issues and worker discrimination cases and other reasons that employees need outside help when their bosses are not acting in an upright manner. I

If you find yourself in such a situation, the attorneys at Bertolino LLP can help. We are experienced advocates who are dedicated to developing relationships with our clients and doing all that we can to get them what they deserve under the law. Please contact us today and let you know your story and how we can be of help to you.  

Thursday, September 4, 2014

Parental Rights versus Medical Expertise


 
When do parental rights trump the advice of medical professionals and vice versa? From the decision not to vaccinate children to refusing drug intervention for a sick child on religious grounds, we have seen multiple headlines in which the notion of who knows best and who has the legal right to make such a determination has been debated. There is now another story developing with the same questions at play and while the events are occurring overseas, the details have parents in the United States talking as well.

Five-year-old Ashya King, who is battling brain cancer, was removed from a Southampton Hospital in England by his parents recently as they were frustrated that the hospital not would allow them to seek proton beam treatment for their son. Brett and Naghmeh King took off for Spain in hopes of selling a home they have there and pursuing alternate treatments for their son. But, their faces were soon recognized by hotel employees and they were arrested.

The couple waited in a Spanish prison several days before a prosecutor in London decided to drop the charges and they were released. The Kings have been reunited with their son, but officials still will not allow the boy to leave the hospital. He remains in a hospital bed with armed guards.

The Kings insist they have done nothing wrong and simply want the opportunity to pursue a treatment that they have researched extensively and believe will benefit their son. The government in the United Kingdom counters that to remove the boy from his established medical care is harmful and constitutes neglect or even abuse on the part of the Kings.

Unfortunately, there are other instances in which medical providers not only disagree with family members on a course of treatment, but wrongfully diagnose a patient and then proceed with measures that exacerbate an illness or cause death. When this happens, patients and their families must be afforded their legal recourse and the personal injury attorneys at Bertolino LLP can help.

If you or a loved one has been affected by the consequences of a wrong diagnosis, please contact our offices today. We can help. (continued on next page)

What do you think of the situation in the United Kingdom with the King family? Is the legal system overstepping its bounds by demanding the boy stay in the hospital, or is this the right approach to take in order to protect the child’s health?

Thursday, August 21, 2014

San Antonio Police Gain National Attention for Mental Health Efforts



While other high-profile stories making the headlines this week are depicting (unfairly or not . . . that is an entirely different matter and article topic) members of our law enforcement as being disconnected from the communities they serve, it was wonderful to see our very own San Antonio police force being commended for the steps it has taken to change the way officers approach those with mental illness. With criminal courts and prison cells being crowded with offenders who are struggling with one form or another of psychiatric issues, an alternative perspective is certainly welcome.

San Antonio has developed Crisis Intervention Training, which is a required program for every member of the police force. Additionally, some officers are given more in-depth training and become specialized in the conversations and tactics that must be employed when dealing with an individual who is not mentally well. Instead of shuffling criminals who are charged with misdemeanors in and out of the criminal justice system, law enforcement is working with community groups and medical professionals to place men and women in rehab facilities or counseling centers so that the root of the problem can be addressed.

National news outlets and criminal psychologists are taking note of this progressive initiative taking place in San Antonio and it is exciting to see this great city recognized and its efforts replicated.

There is no doubt that members of the San Antonio police department have made positive changes that will benefit all members of the greater community, from taxpayers who are responsible for the costs of every inmate to citizens concerned about crime levels to individuals who need psychiatric help instead of time behind bars. As partners in creating a legal system that provides justice with compassion for the people involved, Bertolino LLP is excited to see the continued positive outcomes of this outreach by San Antonio officers and the impact it will have on other police departments across the nation.

Saturday, July 12, 2014

Houston Radio Personality’s Legal Battles with His Employer Come to an End


Photo: The Houston Chronicle
You are probably going to have a disagreement with your boss every now and again. Maybe it is over allotted vacation time or the way a project is being handled or your repeated and simple request for a copy machine that doesn’t jam paper multiple times a day. In most instances, you hopefully can manage to come to a resolution that satisfies both of you. Or, you just deal with it because you are not the boss and you need your job. There are times, however, that the dispute is one of greater significance and you need to seek legal assistance to defend your reputation and livelihood.

Michael Harris, a popular radio personality who had been with Houston station KCOH for nearly four decades, sued his boss, station president Jesse Dunn, on the basis that he had been given false information as a way of investing thousands of dollars into projects for the station. Harris filed a fraud lawsuit last fall and this month Harris County judges finished the paperwork that removed any liability from Mr. Harris for debts the radio station still owes.

This story seems to have a happy ending. Michael Harris was relieved of a large financial burden that he believes was created in a crooked fashion and last month he seems to have mended fences with his employer as he revived his popular talk show. Sometimes it does not end so neatly.

The glaring example of whistleblowers from the Veterans’ Administration testifying in Congress that their jobs were threatened because they spoke out about the cover ups concerning wait times shows all of us that employees need protection from a boss that is not completely honest or ethical. If you have found yourself threatened with a job loss or being passed over for a promotion because you refuse to participate in questionable activities at work, we can help.

Bertolino LLP has attorneys who specialize in issues of workplace discrimination and wrongful termination. If we can be of service to you, please contact us today.

 

Thursday, May 29, 2014

Houston Dad Accused of Beating Daughter Who Danced with Black Friend


Most of us would hope that the days are behind us when children were told they could not attend school or play with or date those of a different race. And society certainly has come a long way in terms of integration and moving forward as a diverse group of people. However, we occasionally come across stories that remind us some individuals are still unwilling to let go of discriminatory attitudes. In a recent incident in Houston, one father allegedly reinforced his racist views with violence.

Aaron Aranza is said to have become upset after he learned that his fourteen-year-old daughter had picked an African American friend to be her dance partner as she practiced for her upcoming quinceanera party. Aranza immediately put a stop to the dance rehearsal and shoved the teenager with whom his daughter had chosen to dance. He then allegedly beat his daughter, pulled her inside the house and then beat her some more with a belt, telling her that she would no longer live with her mother but come and stay with him, assumedly so that he could more closely monitor her social decisions. When she tried to run from the house, he dragged his daughter across the yard. Then he left the premises.

Aranza is currently being held in jail, unable to make bail. Already not the custodial parent, he hopefully now will face even greater restrictions in getting to spend time with his daughter. In addition to the horrible abuse that is the greatest misgiving here, Aranza likely made his discriminatory worldview a regular part of his interaction with his child and hoped to pass on these beliefs.

Racism is taught. We learn it from our parents, other family members, those whom we value in our community. It not only has the sad effect of limiting who we can come to know and call a friend, but also surfaces as very real threats to job security in the workplace. If you feel that you were fired or passed over for a promotion due to your race, we can help. Please contact Bertolino LLP today and we will work diligently to make sure justice is served.

Saturday, May 24, 2014

Drunk Driver Released from Custody before Facing Charges of Manslaughter


Photo Courtesy: The Houston Chronicle
A man was driving the wrong way on a major road in Houston, his blood alcohol at a level that is capable of killing some people. He crashed into the rear of a SUV with three adult occupants, one of whom died two days later from his injuries. The drunk driver also was hurt and had police monitoring him while he was treated at the hospital. You would think the next part of this true story would be the man was arrested as soon as he was released from medical care and will stand trial for charges of manslaughter and DWI any day now. Unfortunately, this is not the case.

Florian Quintanilla-Riva had a blood alcohol content that was six times the legal limit and is responsible for the death of 79-year-old Steven James. However, for reasons they cannot, or choose not, to explain, the Houston Police Department released him from custody before any charges were made. Several days later, Quintanilla-Riva was charged with intoxication manslaughter and a warrant was issued for his arrest. Now if only the police could find out where he is.

The prevalent assumption is that the suspect has fled the country. How authorities will manage to find him now is unknown, especially as he has been missing for a month and a half. He may now be hiding in his home country of El Salvador. The James’ family can only hope that their opportunity for justice will come.

Drunk drivers are one of the biggest menaces on Texas roads. These men and women make an irresponsible decision to get behind the wheel of an automobile when their thinking and reflexes are severely impaired and the consequences are all too often horrific.

If you have been the victim of another driver’s choice to drink and drive, you deserve to be compensated for your pain and suffering, as well as medical bills and lost time from work. Let us work with you to get you all that you deserve. Bertolino LLP has attorneys who specialize in DWI accidents and they will be strong advocates on your behalf. Contact us today.

Monday, May 19, 2014

Woman Attends San Antonio High School under Pretense of Being Only Fifteen

Credit: KLTV (Gregg County Jail and Facebook)
It may sound like a reboot of the 1980s TV show 21 Jump Street, but in addition to Johnny Depp being nowhere around, Charity Anne Johnson was committing a crime instead of going undercover to solve one.

Ms. Johnson, who is thirty-one years old, has been attending New Life Christian School in San Antonio for the past eight months under the false pretense that she was only fifteen. She was enrolled in the school after befriending Tamica Lincoln and telling her that she was an abused and abandoned teen. Lincoln took her into her home and cared for Johnson as if she was her own child. When Lincoln learned that she had been scammed by Johnson, she contacted the school and the police.

Charity Johnson, who attended the school under the name Charity Stevens, is now facing charges of failure to identify and giving false information and is currently in jail and unable to make bail.

This is a sad story that appears to have several victims. Most obvious among them is Tamica Lincoln, who only wanted to offer care to someone who she thought was only a child. But I also wonder what circumstances led Charity Johnson to choose a path of deception. While her actions are in no way justified, I hope that this arrest will allow her to get whatever help she needs so that she no longer is compelled to assume the identity of a teenager. And let us not forget the staff and student body at New Life Christian School. I imagine it was a little disconcerting for the kids to learn a person who they thought was a peer was instead much older and not who she claimed to be.

Tamica Johnson should be applauded for her desire to open her home when she saw a need. Unfortunately, there are many instances in Texas when children who truly are too young to care for themselves have parents who cannot or will not assume the responsibility. In such cases, new guardianship must be determined by the court for the protection of the children.

If you need assistance navigating the legal steps for securing a safe home for children you know, please contact the family law attorneys at Bertolino LLP. We can explain your rights and work with you to determine the best course of action.

Friday, March 28, 2014

Houston’s Growth Brings Potential and Problems


The most recent census estimates tell us what those who live in the Houston area already know. The city is growing. In fact, the population grew last year more than any other region in the country. This draw that Houston apparently has to individuals looking to relocate and grow their families reflects a larger trend, as Texas’ population grew last year more than any other state in our country. With a booming economy and the jobs that go with it as well as a cost of living that is not as steep as other large metropolitan areas, the city of Houston and the state of Texas are an appealing place to call home.

With new faces comes exciting possibilities. New businesses will open and more ideas in science and arts and industry will be birthed as minds come together. But, the possible growth also has the potential to create or exacerbate certain problems. Roads are more congested, lending themselves to more car accidents and angry drivers. People from different regions and backgrounds are working side by side, which brings, unfortunately, more frequent misunderstandings. Maybe someone moves to the area for employment in the oil industry and gets injured during the physically grueling work.

The law offices of Bertolino LLP are available to help with a variety of legal problems that you may face. Whether you are seeking compensation following a painful motor vehicle accident or believe you were passed over for a promotion based on your sex or race or other protected designation or you came to Houston for work and got injured while on the job, we can help. Call our offices today and share your story with us. Then, we will let you know what we are going to do to provide you with the justice you deserve.

Friday, March 14, 2014

Drunk Driver Kills Two during SXSW Festival


South by Southwest has grown into Austin’s signature event over the nearly three decades since its humble beginnings nearly three decades ago. What started as an opportunity for unknown bands to find a new audience and try to make a name for themselves has become a multimedia event that attracts creators of music, movies, and technology from across the globe. Household names like Lady Gaga and Justin Bieber and even Edward Snowden are making appearances (the last one by video, of course).

The festival, which is running this year from March 7 to March 16, is always an exciting time for our state’s capital to be on display as a creative center in our country.  Unfortunately, this year, SXSW also made headlines for foolish tragedy.

Rashad Charjaun Owens was arrested on the streets of Austin early on Thursday and now faces two charges of capital murder and twenty-three counts of aggravated assault. Owens was trying to evade police who suspected he was driving drunk by plowing his car through a street barricade and directly into the huge crowd still gathered after midnight for music. Even after hitting unsuspecting pedestrians with his vehicle, Owens continued his efforts to escape arrest by exiting his car and running. It finally took a stun gun to stop him and take him into custody.

While some shows at the venues by which the murders took place were cancelled, the festival moved forward, surely with thoughts of the victims on the minds of all performers and those in the audience.

The lives lost can never be returned and some with critical injuries now face a long road of rehabilitation and lives forever changed, all because one person made the horrible decision to turn the car ignition after a lot of drinking.

If someone you love has been hurt or killed by a drunk driver, you need to seek justice. You deserve to be compensated for injuries and grief and trauma. The automobile accident attorneys at Bertolino LLP can help. Please contact us today and let us get to work for you.