Jim Walker's Answers

Non-compete agreement

Mr. Heyrich makes valid points. I will now address Texas state law specifically for you. Note that the enforceability of the Covenant Not to Compete (CNC) is a question of law for the court (i.e., it does not go to the jury). Section 15.50(a) of the Texas Business & Commerce Code provides that a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time,...

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Warranty coverage

Yes. Depending upon the state where the repairs occurred, you may also have a negligent'fraudulent insurance action and/or a deceptive trade practices action. Again, depending on the state, such actions often provide for treble and/or exemplary damages.

Injury on school property during the school day.

If you enter into any such agreement, I strongly urge you to memorialize it in writing. You would be best to seek the advice of an attorney experienced in drafting settlement agreements. That said, some essential elements in the agreement would include the following: a clause stating that by paying you are not admitting guilt, a clause granting you a full and final release from any and all future claims arising from the incident. I would also suggest that you include a clause with an upward...