The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

July 2016 Archives

Defective Design? No - Obvious danger, says the Texas Supreme Court.

          In Genie Indus., Inc. v. Matak, the Texas Supreme Court reversed a jury's finding of a defective design based on the fact that the danger, which ultimately led to a worker's death, was open and obvious. In this case, the workers, prompted by on-site customer representatives, decided to save time by attempting to move a fully extended platform lift while a worker was still on board and elevated 40 feet in the air. Almost immediately, the lift toppled over and the worker fell to his death.

5th Circuit Clarifies Department of Transportation Commercial License Medical Requirements and Their Impact on ADA Disability Discrimination Suits

In an Opinion issued in June 2016, Williams v. J.B. Hunt, the U.S. 5th Circuit Court of Appeals held that dismissal of a commercial driver's Americans with Disabilities Act (ADA) discrimination claim was appropriate based on the driver's failure to establish a prima facie case of discrimination, but not for lack of subject matter jurisdiction as held by the lower court.

The Bassett Firm

3838 Oak Lawn Avenue
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Dallas, TX 75219

Toll Free: 800-310-9769
Phone: 214-219-9900
Fax: 214-219-9456
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