Carr & Carr

I recently argued a case before the 10th Circuit Court of Appeals in Denver, Colorado. I represent several dock workers in a case filed against J.B. Hunt Trucking. The workers were exposed and injured by a hazardous material while sweeping out a trailer, which had been used to deliver bundles of recyclable paper. The Trial Court threw the case out because we were not able to prove where the hazardous material came from. Of course, the only the information we had on that was from the defendant, J.B. Hunt.

I argued that, since we proved the hazardous material was not in the paper, then it was already in Hunts empty trailer when their driver picked it up. Photographs taken after the fact show a fertilizer-like matter scattered all over the inside of the trailer. Hunts driver should have known something was not right when he inspected the trailer, but used it anyway. The material was later discovered to be toxic only when made airborne by sweeping.

The 10th Circuit Court of Appeals has not made a decision at this time. A written opinion should be rendered by the Court in the next several weeks. If we win, the case will come back to Oklahoma for a jury trial. Keep your eye on this blog to learn how your rights may be affected by decisions made by our Courts.

I have been working on some cases involving defective products made in China. What I am realizing is that we are losing our rights to recover damages for the injuries they cause. A case in point is a recent law in Arkansas which gives an unfair advantage to companies, which import these products from China and put them in stores in Arkansas. This law allows these import companies to force injured residents of Arkansas to go to China to recover a significant part their damages, a near impossibility. In all fairness, the burden of distributing the cost of injuries caused by these products should fall on the importers. The importers are making money by bringing these products to our stores. The importers should be the ones to have to go to China and get reimbursed or else they should make a better deal for themselves before bringing dangerous goods into our country. Do you agree?

Carr & Carr continues to reach out to the Tulsa area Hispanic Community by participating in the annual Cinco de Mayo Carnival at the Plaza Santa Cecilia at 31st & Garnett on Monday, May 5, 2008. Staffed by Carr & Carr employees, our satellite office, located on-site at Plaza Santa Cecilia, handed out balloons and candy to the children and made contact with their parents, letting them know that Carr & Carr is concerned about their legal needs. Whether the need be a minor personal injury or auto accident or a traumatic brain injury or wrongful death, at Carr & Carr, we work for you!

En espanol:
Carr & Carr continua llegando a la Comunidad Hispana de Tulsa tomando parte en el festival anual del Cinco de Mayo en la Plaza Santa Cecilia en la 21 & Garnett el Lunes, 5 de Mayo de 2008. Empleados de Carr & Carr, nuestra oficina satelite, situado en la Plaza Santa Cecilia, repartieron globos y dulces a los ninos he hicieron contacto con sus padres, informandoles que Carr & Carr se preocupa por sus necesidades legales. Si la necesidad es por una herida personal menor, un accidente automovilistico, una herida traumatica al cerebro o por muerte injustificada, en Carr & Carr, nosotros trabajamos para usted!

One of the staples of driving on the highway is seeing the remnants of a blown tire scattered across the road. Called "road gators," people sometimes have to maneuver to avoid running over them. The fact is many of these road gators are the result of a truck tire blowout. Another fact is that these blown tires, often due to defects in the tire itself, are a very serious hazard that can result in collisions with injuries or death. However, it isn't only drivers of automobiles that need to be aware of the debris on the road, but truck drivers who may lose more than one tire at a time.

We know truck drivers drive long distances, and oftentimes they are carrying a heavy load. Both of these things can lead to tire blowouts. Heat and pressure building up on tires that have not been properly inflated - under- or over-inflated - can cause tire failure that can puncture other tires. The result may be semis that are suddenly out of control with others on the road, as well as drivers trying to avoid the inevitable debris.

Although not all accidents are caused by blown tire debris, nearly 100 people die a year due to these highway conditions. A further 25,000 are injured. Arkansas and Oklahoma are two of the deadliest states for truck accidents.

If you or a loved one has been injured in a truck accident, please contact the law firm of Carr & Carr to speak to an experienced personal injury lawyer.

Even though those tires you have may look new, are they? After all, looks can be deceiving. For example, how long have you had that spare tire sitting in the trunk of your car? There is also the chance it is one of the tires that was issued in a 2000 Firestone recall that just never got replaced. And, finally, how will you know if your spare needs to be replaced. The manufacturing date written on tires is done in a code that can be difficult to interpret.

Every year there are accidents that are caused by tires that are falling apart due to age. One of the most common failures of old tires is tread separation. This occurs on steel-belted radial tires, and is due to the problem of steel adhering to rubber. It most often happens at high speeds in hot weather. Tread separation can lead to a blowout. As a result of the speed this occurs, vehicles will lose control and crash causing injuries and fatalities.

While it is the responsibility of the vehicle owner to replace their aging or worn tires, sometimes the tires bought "new" are actually tires that have reached an age where they have become dangerous. Because of this, some experts have called for a tire "expiration date." They say tires should not be used after ten years, and that they not be sold if they've been in storage for six or more years. Still, should you worry if you have a defective tire, or are your tires safe?

If you or a loved one has been injured in an accident due to a tire you thought was new blowing out, please contact the law offices of Carr & Carr. We would be happy to answer any questions you might have.

Oklahoma City, Oklahoma- January 2008

Pat Carr & Laurie Koller recently represented an individual in an insurance bad faith case against Clarendon National Insurance Company & Health Plan Administrators. Carr & Carr's client had purchased a short term health insurance policy online from Clarendon. When she later made a claim due to an injury, the insurance company wrongfully rescinded her policy and denied her claim. The case was filed in the United States District Court for the Western District of Oklahoma and is now dismissed. The terms of the resolution are subject to a Confidentiality Agreement and cannot be disclosed.





Carr & Carr provides a Child Security Service, Again
Saturday May 19th, 2007 at 16th & Memorial

Carr & Carr is proud to sponsor a second "Carnaval Del Lavado"-"Hispanic Carnival and Car Wash" If you missed the last carnival, this is your chance to enjoy all the festivities, including food, drinks, prizes and music. Mark Cortner and Eduardo Mora will again be producing children's ID Cards at the Carr & Carr booth Our goal for this second event is to beat last event's record of 120 ID Cards produced at the first carnival. You are invited to bring your children ages 2 to 15 for a free permanent ID Card. We hope to see you there.





Carr & Carr provides a Child Security Service
Saturday March 31st, 2007

Carr & Carr were participating sponsors of, "Carnaval Del Lavado"-"Hispanic carnival and Car Wash," presented by Sabio Marketing, Inc. (Hispanic Chamber Member). Along with Carr & Carr, other participating sponsors were Bank of America, Cingular, State Farm, and Midas.

Eduardo Mora, Case Manager, and Mark Cortner, Project Manager staffed the Carr & Carr booth at the event. As a public service Carr & Carr produced photo ID cards for children. Resembling a Driver's License, the ID's were produced in full color on a heavy plastic card stock ad including the child's photo, full name, date of birth and parent's telephone numbers. These ID cards can be placed in a child's backpack or pocket. Parents can carry the ID card of younger children for emergency identification for law enforcement if a child becomes lost or missing.





Carr & Carr are Active in our Local Communities
Wednesday March 28th, 2007

Eduardo V. Mora, Carr & Carr Case Manager,
attended the Greater Tulsa Hispanic Chamber of Commerce, Seventh Annual "EXCELENCIA AWARDS DINNER," at the Crown Plaza Hotel in downtown Tulsa. The theme for this year's event was "Celabrando Juntos el Centenario"- "Celebrating the Centennial Together," in recognition of Oklahoma's Centennial Celebration of Statehood.

As a member of the Hispanic Chamber, Carr & Carr endeavors to stay active in our programs and events. Along with Eduardo, there were a number of politicians and business luminaries in attendance.





Patrick Carr & Laurie Koller Assist Public Citizen
Oklahoma City, Oklahoma- August 10, 2006

Patrick Carr & Laurie Koller assisted Public Citizen, the American Association of Law Libraries, the American Civil Liberties Union, the ACLU of Oklahoma Foundation, and the Electronic Frontier Foundation in asking a federal judge in Oklahoma City to award attorney fees to an individual who was sued by the Recording Industry Association of America (RIAA) for allegedly using file-sharing software. One of thousands of American citizens who have been threatened or sued by the RIAA, this Oklahoma woman stood up to the recording industry and successfully defended her innocence in over a year of litigation. The federal court will now decide whether the recording industry should pay her legal fees. At Carr & Carr, we are working for you.





Carr & Carr Win Case Against State Farm
Oklahoma City, Oklahoma- April 18,2006

A jury returned a verdict in favor of a Carr & Carr client today in a case against State Farm. Brent Berry from the Oklahoma City office tried the case. The case was filed for uninsured motorist (UM) benefits against State Farm. State Farm argued that UM was not available because the vehicle was being driven by an unauthorized driver. The jury took only an hour to return a verdict stating that the driver did have permission, which will now require State Farm to pay our client the insurance benefits he deserves. At Carr & Carr, we are working for you.






Tulsa Jury's Verdict in Favor of Carr & Carr
Tulsa, Oklahoma- April 5, 2006

A Tulsa County Jury returned a verdict for $30,000, in favor of a Carr & Carr client today. Tye Smith from our Oklahoma City office tried the case for three days before the jury returned its verdict. The other driver, a State Farm insured, only had a $25,000 liability policy, resulting in an excess verdict against State Farm's insured. State Farm's attorneys argued it was a very minor impact with no damage to the rear of the plaintiff's vehicle and that the plaintiff was exaggerating his injuries. As is all too common in Tulsa County, the insurance company had Dr. Sami Framjee testify on behalf of its insured. As usual, Dr. Framjee testified the plaintiff only suffered a simple strain injury which would have only required one trip to the doctor. Apparently, the jury disagreed with Dr. Framjee. State Farm's top offer before trial was only $12,500. After the judge awards interest and costs to the verdict, it will nearly triple State Farm's best offer. At Carr & Carr, we will keep fighting for you.





Carr & Carr Expands Hispanic Outreach and Services
Wednesday April 4th, 2007

Tim Tipton, one of Carr & Carr's attorneys, and Eudardo Mora, Case Manager, participated in an organizational meeting of a newly forming legal society, tentatively named, the "Oklahoma Hispanic Bar Network." Under the auspices of the "Oklahoma Bar Association," The "Network" will consist of Attorneys, Judges, Law Professors, and Law Students of Hispanic decent. The statewide meeting was held on March 4th at 3pm at the Oklahoma Bar Association Headquarters in Oklahoma City, with a video conferencing link to the Tulsa County Bar Association Headquarters in Tulsa.


For more information on the "Network", contact: Saul G. Olivarez, Esq. at (405) 227-9700 or
saulolivarezz@gmail.com.