The fatal crash of a charter bus carrying youth football players from an all-star game in Fort Worth back home to the Memphis area raises critical questions about the charter operator and the actions of the bus driver. The crash occurred before dawn Dec. 3 when the driver reportedly lost control at a curve in the highway, causing the bus to flip and roll. One young passenger died from injuries at the scene, and dozens more children and adults were injured. Federal records indicate that Somerville, Tenn.-based Scott Shuttle Services had a history of violations, including citations for inspection violations and allowing a driver to operate a bus without a proper license.
“Too often, charter bus operations are fly-by-night companies that are staying one step ahead of regulators,” said Dallas-based trial lawyer Frank L. Branson of The Law Offices of Frank L. Branson. He has investigated numerous high-profile charter bus crashes. “We have been hired by numerous victims of high-profile charter bus crashes, and we have thoroughly investigated and successfully resolved these cases in recent years. It’s imperative that investigators get there early and stay late and ask hard questions about the history of the bus and the driver. This is particularly true when buses like the one in this tragedy have been chartered to carry young students.”
Handling a trial for a deceased plaintiff may be one of the toughest challenges for any trial lawyer. Law360 recently sought out attorney Frank Branson for his insight into making these challenging cases resonate with juries. Below is an excerpt from the Law360 article, “How To Win A Trial With A Deceased Plaintiff.”
Even if a jury is going to find for the plaintiff on liability, convincing them to award sufficient damages in the case of a deceased plaintiff is a matter of getting the jury to connect to the decedent so deeply that they actually feel their loss, according to Frank Branson of The Law Offices of Frank L. Branson.
“You don’t have the injured party to put on the witness stand and have them tell the jury how they hurt, how severe the pain has been, what they’ve tried to do, what they can’t do,” he said. “And in effect, you have to work hard at bringing the deceased back to life, for the jury, for the short period of the trial.”
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In the days following the tragic death of 10-year-old Caleb Schwab, reporters with the Kansas City Star spoke with Frank Branson about design and safety issues that might have contributed to the tragic waterslide fatality. Key questions include the basic design of the 17-story waterslide and the decision to use Velcro restraints. Read the full story here.
Another fatal bus crash in Texas involving a casino bus raises serious questions about charter bus safety and whether the gaming industry is doing enough to ensure the safety of its patrons.
Earlier in May 2016, The Law Offices of Frank L. Branson won a combined $10.9 million jury verdict after a Dallas jury agreed that the Choctaw Nation was negligent and responsible for a very similar charter bus rollover crash that occurred in Irving, Texas, in 2013. Three died in that crash and dozens more were injured.
“It’s incredible that we have another one of these crashes within two weeks of the verdict,” says Dallas trial lawyer Frank Branson. “Because of their rural locations, casinos like Choctaw and Kickapoo are dependent on these buses bringing in patrons. However, the casino business is driven by the bottom line, so these casinos are more concerned about whether their buses are full than they are about the safety record of the bus company and driver. These casinos have the responsibility to vet any charter bus bringing patrons to their facilities.”
Testimony in the recent Choctaw trial revealed how casinos rely on these buses to bring in business. For example, Texas patrons generate 75 percent of the Choctaw Casino Resort’s revenue, and 85 percent of the bus passengers who arrive at the Choctaw Casino Resort come from Texas. According to trial testimony, the Choctaw Casino Resort expected a charter bus carrying 45 passengers to generate $15,000 to $22,500 of revenue. At trial, the Choctaw Casino Resort sought to claim that safety was solely the charter company’s responsibility, but trial testimony showed that the casino had ultimate control over the bus, the driver and the trip.
Authorities in South Texas confirm that all eight passengers who died on the charter bus in route to the Kickapoo Casino on Saturday had been ejected from the bus after the driver lost control. Seat belts and laminated safety glass – long recommended by safety experts and required on new buses sold today – may have prevented those passenger ejections from occurring and likely would have saved lives, says Branson.
For more information, contact Robert Tharp at 800-559-4534 or robert@androvett.com.
In this interview with the Phil Hulett and Friends show, Dallas sports stadium injury lawyer Frank L. Branson talks with host Phil Hulett about recent incidents involving sports fans suffering severe and fatal injuries from falls at ballparks, arenas and stadiums.
On September 13, 2015, a Denver Broncos fan fell over a railing at Sports Authority Field and suffered serious injuries. The man was reportedly intoxicated and trying to retrieve a hat. On August 29, 2015, a man died when he fell off the upper deck and died during a Atlanta Braves v NY Yankees game at Turner Field in Atlanta. Another fan died at this same ballpark after falling from the upper deck in 2008.
Other recent notable sports injuries involving fans being injured by errant balls and flying debris include:
Hockey
Auto racing
Branson is the founder of The Law Offices of Frank L. Branson, a Dallas-based law firm with a reputation for courtroom excellence based on significant verdicts and settlements for clients in high-stakes personal injury cases and business disputes. The firm’s record verdicts and recoveries stem from cases involving trucking and transportation injuries, product liability, construction accidents, commercial plane crashes, explosions and burns caused by gas and electric power utilities, medical negligence, workplace catastrophes andprofessional negligence and business torts.
The Law Offices of Frank L. Branson representing teenager injured in fatal wreck
DALLAS – The Law Offices of Frank L. Branson in Dallas has filed a negligence lawsuit on behalf of a 19-year-old college student who was critically injured when a distracted tractor-trailer driver collided with the van carrying her and other members of a college softball team last month in Oklahoma. Four young women were killed and others were injured.
The lawsuit was filed against Nashville, Tennessee-based Quickway Transportation Inc. and truck driver Russell Wayne Staley of Saginaw, Texas, on behalf of North Central Texas College student Rachel Hitt. The legal filing says Quickway was negligent in its hiring, training and supervision of Mr. Staley prior to the Sept. 26 crash.
According to investigators, Mr. Staley claimed he was distracted by something in the cab of his 18-wheeler before veering across the center median and striking the team’s van in the southbound lane on Interstate 35 south of Oklahoma City.
“This lawsuit was filed to provide relief and support for this young woman and to make sure the public knows exactly how this tragedy occurred,” says attorney Frank L. Branson, founder of The Law Offices of Frank L. Branson. “This was a preventable crash, and we are committed to making sure that Quickway takes responsibility for the safety shortcomings that have now affected so many lives.”
The lawsuit demands that Quickway immediately preserve and disclose evidence related to the fatal crash, including Mr. Staley’s employment and safety records, drug and alcohol test results, driving records, and internal investigations. The case filed in Tarrant County District Court is Rachel Hitt v. Quickway Transportation Inc. and Russell Wayne Staley, No. 067-274841-14.
The Law Offices of Frank L. Branson maintains a reputation for courtroom excellence based on significant verdicts and settlements for clients in high-stakes personal injury cases and business disputes. The firm’s record verdicts and recoveries stem from cases involving trucking and transportation injuries, product liability, construction accidents, commercial plane crashes, explosions and burns caused by gas and electric power utilities, medical negligence, workplace catastrophes and professional negligence and business torts. Visit https://flbranson.com to learn more.
For more information on the lawsuit, please contact Robert Tharp at 800-559-4534 or robert@androvett.com.
Firm founder Frank L. Branson is the 2014 recipient of one of the Southern Trial Lawyers Association’s highest honors. Mr. Branson received the “Tommy Malone Great American Eagle Award” during the STLA’s annual meeting in New Orleans in February. The annual award recognizes individuals who are known for helping and inspiring others and are a “powerful example of the bold pursuit of excellence and justice. Such an individual is one who inspires others and is a living symbol of integrity, strength, bravery, justice, freedom, pride, devotion, excellence, and friendship and to many a hero.”
Debbie Dudley Branson has been named one of four recipients of the 2014 Maura Women Helping Women awards, recognizing women for their achievements in leadership and improvement of the lives of women and girls in Dallas-Fort Worth. The Dallas Women’s Foundation established the Maura Award in 1978 to recognize women who achieve success and create paths of opportunity for others to follow.
A recent in-depth profile published by The Texas Lawbook set out to uncover the secrets behind Frank and Debbie Branson’s success in both marriage and business.
The article, “Partners in Life, the Law,” reveals a system that the two acclaimed attorneys developed in their marriage while simultaneously working alongside each other in high-stakes litigation at The Law Offices of Frank L. Branson in Dallas. The common themes, the newspaper reports, include mutual respect, a strong work ethic and two strong personalities who have learned to capitalize on each other’s complementary strengths.
“We enjoy working together,” Debbie tells The Texas Lawbook. “We started out doing what would work for us as lawyers and as a family. We can work together and also pursue separate interests at the same time.”
The Law Offices of Frank L. Branson has grown while the Bransons’ marriage has thrived for more than three decades. The profile story details how the firm established a reputation for large catastrophic injury verdicts and settlements while successfully maintaining its reputation for handling complex business litigation. Recently, Debbie has served in a critically important leadership role as the chair of the Parkland Health & Hospital System Board of Managers.
Just don’t call them a “power couple,” the story continues.
“If we have any power, it comes from both of us working hard,” Debbie says. “The truth is we have fun, whether we’re working or playing. We’re lucky.”
Click here to view the entire article.