Attorney Thomas J. Henry forces Coca Cola to face a corporate responsibility challenge after cell phone distraction injury case.

Corpus Christi, Texas (PRWEB) May 04, 2012

Coca Cola Refreshments USA, Inc. today faces a corporate responsibility challenge after Corpus Christi jury awards in excess of 21 Million Dollars in a cell phone distraction injury case heard in the County Court at Law No. 2 in Nueces County, Case No. 10-61510-2.

Two law firms came together to bring the cell phone distraction case to a jury after it was discovered in the lawsuit that Coca Cola had a vague and ambiguous cell phone policy for its delivery drivers, according to court documents. The jury was to decide whether or not Venice Wilson’s injuries were caused by a distracted Coca Cola delivery driver who was on a cell phone.

The law firms handling the trial, Hilliard, Munoz & Gonzalez through its lead lawyer, Bob Hilliard, and Thomas J. Henry Injury Attorneys, through its lead lawyer, Thomas J. Henry, discovered flaws in the Coca Cola management cell phone policy which allowed its employees to operate company vehicles throughout the United States while using a cell phone, according to court documents.

According to court documents, the jury heard overwhelming evidence of how Coca Cola knew of the dangers of using a cell phone while driving, including having a cognitive distraction of 37% while on a cell phone. The jury heard that Coca Cola withheld this information from its employee driver, in addition to the data on the numbers of deaths and injuries arising from cell phone use while operating vehicles, according to court documents.

When asked about Coca Cola corporate governance, Bob Hilliard, a lead trial lawyer in the case said this:

“Today’s verdict I hope sends a message to corporate America that you can’t have employees on a cell phone and endanger the motoring public.”

When asked to reflect on the jury’s award, Thomas J. Henry of Thomas J. Henry Injury Attorneys, a national law firm, stated:

“From the time I took the Coca Cola driver’s testimony and obtained the company’s inadequate cell phone driving policy, I knew we had a corporate giant with a huge safety problem on our hands. I also knew that taking on Coca Cola’s policy that affects hundreds of thousands of its employees would require assembling a trial team with the horse power necessary to fight and win. More importantly, I knew Mrs. Wilson deserved justice, and the rest of the motoring public deserved safer drivers; so, Bob Hilliard and I decided to put our law firm litigation teams together to shred Coca Cola’s policy.”

When asked if he thought the jury connected with him during his closing argument, Bob Hilliard said, “I knew looking into their hearts and minds, after hearing days of trial testimony, that they knew cell phone use while driving was deadly and harmful. The jury knew I gave them evidence to change Coca Cola’s policy, and I knew the jury would do justice, and they did. We now have a safer community, state, and country and now Coke gets to join, against their will, other Fortune 500 companies who volunteered to have a ‘no cell phone use while operating company vehicles’ policy.”

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/5/prweb9478383.htm

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Bee Cave City Council- 5.8.12

Bee Cave City Council- 5.8.12

Final Council meetings:
Chad Bockius- after 6 years of service.
Mike Murphy- Since May, 2000.

Steve Albert- citizen comment.  ESD 6 Board announced opening of station 603.   Invitation to community for grand opening ceremony on Saturday May 19, 2012 from 1-3 pm.   The ceremony will take place in Bee Cave next to old school house.

Charles Ormiston- citizen comment.   Concerned about intersection at Great Divide and Highway 71 and safety of Homestead residents.   Frank Salvato pointed out that City does not have control over the lights on the state highway.    Also concerned that pedestrians are crossing between upper and lower Gallerias.

Adrian Overstreet- citizen comment.   On behalf of Galleria asking for help.    Concerned that amount of money spent by Galleria is not being protected by City.    Approved by Council on February 14, 2012.    Still has not been recorded.

Item 6-  Jenkins Custom Homes brought a concept plan to Council.  The plan is for office buildings located in the circle area behind Coachworks and Gold’s Gym and will be adjacent to Hill Country Blvd.    The Motion carried.

Item 7-  Consider action on contract with LNV Engineering for a drainage study in the Carr Development.    There are drainage and flooding issues with some of the residents of the Uplands based on water flowing into their backyard from the water easement.    The plan is to complete the study and then determine how to proceed with protecting the residents.

Item 8- Erosion under the bridge at City Park-  there is recent erosion that is exposing pvc pipe and Sledge Engineering came to Council seeking direction on how to remedy the erosion issue.     It was agreed to go out for bid for a rock lined channel.

Item 9 & 10- Water and Sewer Treatment Plant on the Parkway-
George Murphy – consulting engineer with West Travis County PUA.  Appeared with staff and counsel for the PUA.

The decisions to be made were whether to grant a variance as to impervious cover and whether to grant an exception as to the 75′ setback requirement.   The applicants made a detailed presentation regarding the need and plans.  In short, there are currently only 239 LUE’s available in our capacity and we average granting 20 applications a month.  At that rate, we will run out of capacity in very short order.  Many options were explored in terms of locations and site plans.    The key is that the LCRA did not disclose the imminent need for this plant and effluent pond until the closing of the sale by the PUA on 3/19/12.

Jim Harris- Attorney with Thompson & Knight on behalf of the Alexan apartments on the north side of the Galleria.   Mr. Harris argued that the apartments will be injured if the variances are granted because the city’s ordinances preclude the City from granting a variance when harm will ensue.      He argues that rent will have to be dropped and that vacancy could increase.    He could not explain the failure to learn about the plant during the due diligence process of the purchase.    He also argued that the land is owned by the L.C.R.A. and not the PUA, and therefore the PUA cannot apply for these variance requests.    He argues that the permit must be made by the owner of the land.   Additionally, he understands that the development plat was amended this a.m., but the amended development plat was not signed by the LCRA.    Finally, he argues that because it was amended, it must go back before Planning and Zoning.

Don Walden- spoke in favor of the project stating that the site has been planned for years and that the community did not inherit the plant, the plant inherited the community and the apartments.    He believes that the plant has not been maintained or operated properly, but properly operated it will not emit odor.   He further stated that the PUA and the City of Bee Cave are partners in this matter and should not be fighting with each other.    He is concerned that there will be great harm done to the community if the PUA has to enact a wastewater moratorium.

Jenny Braasch spoke as being originally against the project and after gathering further information has shifted to be in favor.  She does not believe the pond will emit odors and believes the earthen dam is not actually a structure being inside the setback and doesn’t require a variance.   She was very concerned with the plant, but is now satisfied that it is far enough away from the community and not visible from the road and is not a problem anymore.   She personally sought other options and could not find any in the area.

Carol Killebrew-  Resident of Bee Cave.  Not wild about the effluent in the City.  Appreciated the history of the site.   Believes Caveat Emptor applies to everyone including the City and the Galleria.    We have a problem already, and whether we approve it tonight or not, we will run out of PUE’s before the pond and plant are built.

Scott Morledge with Ash Creek Homes.   Says he has seen an interesting shift in sentiment.  The knee jerk reaction is that no one wants the plant.    However, there are other concerns with the retailers in the Galleria, and that’s how can we get more people here.  That happens with capacity.   The first thing Ash Creek went to when they came here was the City comprehensive plan and was very clear as to what the site across the street would be.    He knew it would be a pond and plant.

The motions carried with Councilman Murphy abstaining, Dorsett against and the remainder in favor.

Item 11-  The Council approved an HVAC contractor to repair the system at City Hall.

Item 12-  Chief Pancoast requested an additional $26,641.00 this fiscal year to increase officer salaries to increase officer retention.  We have lost 5 officers in the past months due to their ability to find higher paying jobs; 3 to Travis County, 1 to Lakeway and 1 to Pflugerville.

Item 14- (skipping 13)  The Council nominated Councilman Bill Goodwin to serve on the PUA Board of Directors with outgoing Councilman Mike Murphy.  Accordingly, the City will have 2 of the 5 positions on the Board with Mr. Goodwin serving as the Council liaison.

Item 13-  The Council approved an budget amendment.

Item 16- The Council approved the new contract with Judge Garza for judicial services.

 

Falconhead Re-Paving Update

As an update on the road re-paving in Falconhead, we have confirmed that the City awarded the street overlay bid on Tuesday.  Once contracts are executed the City and Contractor will have a pre-construction meeting and prepare a schedule for repairs.   The City thanks you for your patience.

Bob Dorsett, Jr.

Bee Cave City Council

 

The Carino’s Clays For Kids skeet shoot tournament was a big success, and we want to thank all our teams and sponsors for supporting The First Tee by participating last Friday! We raised more than $50,000 to continue to provide at-risk children with our youth development programs. We are glad the weather permitted a fun event and a relaxing evening with food by Carino’s Italian and great live music by Will Harrell!

Congratulations once again to our team winners:

1st Place: YMCA – Jeff Andresen, John Avery, Tim Dillon, Jim Orr

2nd Place: Dorsett, Johnson and Swift, LLP – Bob Dorsett Jr., Tony Dorsett, D. Anderson, David Bentley

3rd Place: Carino’s Italian – Brian Kelly, Vince Trevino, Carlos Barbosa, Tim Burns

4th Place: Endeavor Real Estate – Buck Cody, Phillip Cody, Seth Johnston, John Johnston

5th Place: ABC Bank – Tab Fowler, Tom Wagner, Taylor Wagner, Thomas Wagner

Congratulations also to our raffle winner Joe Kingsbery, the lucky recipient  of a Berretta Silver Pigeon O/U shotgun!

Additionally, if you did not get a chance to learn about our Player’s Program Books at the event, for $100 you can continue to support The First Tee and receive discounted games of golf at 26 premier golf courses throughout the Central Texas region. For details click HERE.

We’d like to thank all of our sponsors for their support: Carinos Italian, Hunter Wise Financial, Dorsett, Johnson and Swift, LLP,  Burt-Watts Industries, Ryan & Co., Jackson Walker LLP, Ben E. Keith, Round Rock Express, Stock Building Supply, and Wells Fargo.

Photos from the event can be viewed HERE. We hope to see you all next year for the 5th Annual Carino’s Clays For Kids event!

 

Dear teams,

The Carino’s Clay’s For Kids tournament is tomorrow, Friday, April 20th at 2 p.m.!  There will be a warm-up flurry with discounted tickets before the tournament, so arrive early if you want to practice!

RAIN PLAN:

There is a chance of rain in the afternoon tomorrow, but we are still planning on holding the tournament as of now. If the weather is adverse in the AM  we will make the call to reschedule the event, therefore please check your e-mails in the morning – we will send out an e-mail with the status of the tournament tomorrow morning.

SCHEDULE:

•             Registration begins at 2:00 pm.

•             The tournament will begin at approximately 2:45.

•             Between 2:00 and 2:45, we have discounted the cost of the flurry to $25 each, or $50 for the two man team. This is a really fun way  to warm up before the round!

•             The flurry competition will begin after the shoot. Prizes for the winning two man flurry team are fly rod & reel, and binoculars.

•             Food and beverages will be served at 5:00pm, so stick around after the tournament for dinner provided by Carino’s Italian and to find out the flight winners of the day as well as raffle winner!

•             Entertainment by Will Harrell will start at 5pm as well – don’t miss it!

Additionally, if you have not already done so, please send in the names of your shooters, if you know them.

Thank you to our sponsors Carino’s Italian, Hunter Wise Financial, Dorsett Swift, Burt-Watts Industries, Ryan & Co., Jackson Walker, Ben E. Keith, Round Rock Express, Stock Building Supply and Wells Fargo!

We’ll see you all tomorrow!

Keegan Kinney

Marketing and Development Coordinator

The First Tee of Greater Austin

5501 Ed Bluestein Boulevard

Austin, TX 78723

O(512)732-0380×201sC(832)860-0653

kkinney@firstteeaustin.org

www.firstteeaustin.org

 

Bee Cave City Council 4.10.12

Citizen Comment:    Ed Krach-  President of Homestead HOA spoke regarding the Council’s vote on Kwik Kar.  Not only was he not happy with the vote, he expressed concern regarding the e-mail issue and the feeling that e-mails are not given as much weight as appearing at Council in person.

On a sidenote:  I offered to discuss anyone’s e-mail regarding the Kwik Kar matter.  Please feel free to come see me at my office or call me for a meeting off site.    I have an “open door” policy at my law firm in the Galleria.

1)  Brad Walters with Bluestem Residential, LLC appeared to discuss the zoning changes regarding the Hill Country Galleria Townhomes.  The group made numerous changes after appearing before Planning & Zoning.  Both Dillards and the Galleria reviewed the proposed elevations and consented to the plans as presented.   There were numerous questions regarding the corner lots and the use of hardi-siding.  The developer agrees that the project will not include hardi-siding.  The Motion carried.

2)   The Galleria Townhomes presented a final plat re-approval as the original plat expired without recording.   The Council approved the final plat as originally approved.

3)  Site plan amendment for lot 25, Block A of the Galleria.  This is the pad site in between City Hall and the Hospital in the Galleria.   The pad site is being proposed for “mattress firm, a restaurant and an additional 1/4 unleased space.  The only aesthetic issue is that the back of the building will face the Galleria and parking is not as available as hoped.

4)  Spanish Oaks Office Park is located on the corner of Hwy 71 and Spanish Oaks Blvd.  The final plat for 6 acres was approved.

5)  Telecommunications-right-of-way-  the Council did not take action.

6)  The Council discussed that the West Travis County PUA took over on March 19, 2012.   Bee Cave has the opportunity to appoint a 5th Board member.  Action was not taken, but Fred Goff appeared in chambers offering his services as a candidate.   The position is one of financial significance and will require two meetings per month.   The Council agreed to take it up again in two weeks.

7)   The Council approved assignment of consents to the PUA.

Bob Dorsett, Jr.

Bee Cave City Council

 

Bee Cave Taxes- April, 2012

April sales tax payment:

Net payment:

2012       $511,451.42

2011       $386,005.79

Up          $125,445.63        32.4%

Current paid:

2012       $514,313.51

2011       $386,553.65

Up          $127,759.86        33.2%

 

From: Russell R. Pancoast
Sent: Tuesday, April 10, 2012 2:19 PM
To: Frank L. Salvato; Travis D. Askey
Subject: FW: Funeral for APD Officer Jamie Patron

Just want to pass this along to you since there will be a substantial traffic impact during the procession tomorrow.  I believe the procession will be quite long up to 620 where many patrol cars will leave the procession to return to their respective jurisdictions.  Lt. Montez and I will be in the procession, Bee Cave units will cover 71 at Bee Cave Road and 71 at Cross Town Parkway.  Travis County will cover 71 at 620.  Lakeway will cover 71 at Hamilton Pool Road, 71 at Vail Divide, and 71 at Bee Creek Road.

The procession will probably reach Bee Cave a little before 2:00 PM.

Full details are listed below.

Russell R. Pancoast

Chief of Police

13333-A Hwy 71 West

Bee Cave, Texas 78738

(512)767-6650

From: Vicente T. Montez
Sent: Tuesday, April 10, 2012 2:10 PM
To: Stan Roper
Cc: Russell R. Pancoast
Subject: RE: Funeral for APD Officer Jamie Patron

Thank you. Lt

From: Stan Roper [mailto:Stan.Roper@co.travis.tx.us]
Sent: Tuesday, April 10, 2012 2:09 PM
To: Christopher Gray; Coy Turner; Deke Pierce; Derek Hill; Greg Epperson; Jeff Smith; Jose Escribano; Kyle Sass; Michael Canales; Michael Stroh; Phillip Hulsey; Robert Phillips; Rodney Blackmon; Roger Murray; Timothy williams; Toby Miller; Tom Carpenter; Travis Bertram; Willie Martinez; Tom Carpenter
Cc: Vicente T. Montez
Subject: Funeral for APD Officer Jamie Patron

All;

Attended the meeting with APD regarding the funeral arrangements for Officer Patron. The service will be held Wednesday, April 11th, 2012 (11:00 a.m.) at the Shoreline Church located at 15201 Burnet Rd. APD has requested that TCSO Motor Units arrive no later than 10:00 a.m. at the church (there will be special area for all motors parking). I suggest arriving no later than 9:45 a.m.  Motors has been tasked with being a part of the procession once the funeral is completed. The funeral should conclude around 12:30 p.m. and there will be a briefing for all motors right after the funeral. At approximately 1:00 p.m. the procession should begin. The route being taken is turn right onto Burnet Rd, go down to frontage of 45.  Round Rock PD will have Hwy 45 closed for everyone. You will enter onto I.H. 35 Southbound and go all the way and exit Ben White Blvd. From there you will go all the way to the Y in Oak Hill and turn onto Hwy 71 W.  The procession is going all the way to San Angelo but the cut off point for all officers not going to San Angelo is 71 W / 620.

We have been asked to cover several areas down Hwy 71 W, which will be done by TCSO HEAT, Bee Caves and Lakeway PD.

The areas that will be covered are as follows;

Thomas Springs @ Hwy 71 -  Kyle Sass / Robert Phillips

Southwest Parkway @ Hwy 71 – Sgt. Stroh / Roger Murray

Hwy 71 W @ Bee Caves Rd – Bee Caves PD / Lakeway PD

Hwy 71 W @ Galleria Rd – Bee Caves PD / Lakeway PD

Hwy 71 W @ FM 620 – Lt. Escribano / Sgt. Canales

Hwy 71 W @ Hamilton Pool Rd – Bee Caves PD / Lakeway PD

We are having all HEAT, Bee Caves and Lakeway PD units stationed at their assignments by 1:30 p.m. It is not for sure the exact time that the procession will make its way to Hwy 71 W but we want to be there early.

All units including APD will be working off GP – 15. Each officer should be listening for the radio traffic as the procession starts towards your assignment. As for the motor officers, I have been instructed to tell all of you that you will be doing the “bump and run” method. Motors should not be needed to cover the roadway on Hwy 71 W as the other units should be able to cover it. Be prepared just in case there is not enough coverage.

For those officers covering Hwy 71 W, we want eastbound Hwy 71 W blocked Hwy 71 W/ FM 620 to Southwest Parkway / Hwy 71 W once the procession starts your way. Any questions feel free to contact me. All officers should be in class A uniform.

Sgt. Stan Roper

Motor’s Division
Travis County Sheriff’s Office
Office: 512-854-4330
stan.roper@co.travis.tx.us

 

The attached Order was issued on 4-9-12 by Judge Garza.   It seems clear from the language that Judge Garza didn’t agree with the argument that violations were incidental to approved work.

Planet K Order for Sanctions 4-9-12

 

Propane System/Falconhead West

Good Afternoon,

I am pleased to report that the installation of the propane system at Falconhead West is complete.  We have been conducting final leak tests and additional testing of the system throughout the last week and am also pleased to report there are no leaks and the system has passed all of our internal tests.  With that said, we have sent a letter to the Texas Railroad Commission requesting an inspection.  This should take place within one week or less from today.  Once this necessary step is complete and we address any issues, if any, we will then be able to introduce LP Gas into the system and it will be operational.  Once the system has successfully operated without issue for a short period of time, we will then begin a process of removing all above ground tanks and related equipment at Falconhead West.

Thank you,

Kain Kennedy, SCGM

Ferrellgas

Austin, Texas