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Richard L. Armstrong
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Richard Armstrong’s Answers

18 total


  • Should i file a lawsuit

    My 7 yr old was three ateps from the top of a two story apartment stairway outside and there was a missing saftey rail. He fell throigh down to the. concrete and injured himself

    Richard’s Answer

    Yes. Although such a claim is never open and shut, the fact that there was a child involved and a clearly missing safety rail loom as large factors. It is especially important that your attorney move quickly to preserve the evidence, including attempts to obtain prior complaints by residents of the complex. Often, filing a suit is the only way to get such records. The apartment owes the greatest duty to its own tenants and their invited guests, and secondarily to other people legally there. Juries are particularly sympathetic to children. Seek counsel immediately.

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  • Does herein set forth in a document mean everything in the document or only those things that are listed in the document?

    I have an agreement with a partner and within the document it indicates that the agreement is for 5 years unless sooner terminated as set forth herein. Following that statement is a list of things that indicate why the agreement may be terminated...

    Richard’s Answer

    Generally speaking, the language you cite in your first sentence indicates that there are specified ways to terminate the agreement sooner that are specifically referred to within the four corners of the contract. As a point of clarification, I suspect (but don't know) that your statement "...why the agreement should be terminated" should say "how the agreement may be terminated." If so, you would generally be limited to those methods of earlier termination set out in the agreement. With that said, definitive legal advice on all of the grounds for termination of an agreement cannot be given without a review of the entire agreement.

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  • Should I sue? Do I have a case? I was staying at the Golden Nugget in Las Vegas,Nevada 4/3/15- 4/7/15 & my son had a head injury

    My 5 year old son was walking to the restroom & he slipped & felt & busted his head open there was no lifeguard when the accident happen & he did end up getting 4 staples on the left side of his head

    Richard’s Answer

    This may be actionable, if there is a defect in the deck that contributed. Merely slipping on a wet deck does not mean the facility was negligent, and they can happen even if a lifeguard is present. Check to see if there were any witnesses, and get their contact information. If you haven't yet, you should file report the incident to the facility where this occurred, making sure to note that no life guard was on duty. Make sure he was tested for traumatic brain injury, which should have been done while at the hospital. Take plenty of pictures and video of your son, including his recovery process. Take note of any negative dreams or behaviors (including fear of swimming), and have him at least visit a child psychologist for an assessment. Consult with a personal injury attorney after all the facts are in to see if the claim has merit. Do not talk to any insurance claims adjusters without your attorney present.

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  • Question regarding non-compete agreement with previous employer.

    I started working for a pest control company in my home town in May of 2013. Conditions of employment included signing a Non-Compete Agreement for a period of 5 years which states that I agree not to contact any customers, do any work in the pest...

    Richard’s Answer

    The answer to your question hinges on the wording of the Non-Compete Agreement, including whether or not it is part of an otherwise enforceable agreement, and meets certain other criteria set out in the Covenants Not to Compete Act and case law construing that statute. You need to have your employment agreement, including the covenant, reviewed by competent business counsel. I will comment that 5 years is and extremely long period for an at will employment agreement. If yours is at will (meaning you may leave when you choose and your employer can fire you when he chooses) 5 years would be considered an unreasonably long period by the majority of Texas courts.

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  • Hey i need help with a personal injury do to boating accident because of negligence on the owner behalf. Need help asap.

    Drunk driver, got pushed off boat and cut my arm in june 23rd of 2014. They dont care and now i cant work or anything, going through treatment. Got proof and pictures. Need help with my case have all info you need.

    Richard’s Answer

    You have already taken a positive step by gathering pictorial evidence. At the very least, I would get a copy of any report filed with the police or lake authorities. Keep a journal of your bodily injury treatment and healing process. Most of all, if you haven't retained competent legal counsel, do so. It is well worth the contingent fee to have someone pulling together the evidence, making timely demand, and if necessary, prosecuting a lawsuit on your behalf.

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  • My husband's former dentist (extortionist) in NJ (we now reside in VA) has filed a Civil Action Complaint for excessive charges

    not reimbursed by insurance and not disclosed nor or agreed to by my husband. My spouse explicitly told the dentist that he did not want anything done that would not be covered in full due to my unrelated and concurrent major medical bills. Upon...

    Richard’s Answer

    Although members of the dentist's staff may be regarded as his agents, they have no authority to speak for your insurance company on what will, or will not, be covered by your insurance plan. Therefore, the responsibility is on you to check with the plan in advance to see what will be covered. Also, check the documentation you signed at the dentist's office. Often, doctors or dentists will have contractual language they ask you to agree to that holds you responsible for any charges not covered by insurance. In the absence of such an agreement, you will have a stronger position, and may be able to argue a consumer remedy, depending on the statutes in effect in Virginia at the time of the transaction. Also, if he sued you in a Virginia court, make sure you don't file an answer in that court without contesting jurisdiction first. If you take any other action before contesting jurisdiction, you will probably be deemed to have waived that argument.

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  • Saturday acquired loan for used car in Texas from private business. Have not picked up car yet

    Found a used 2012 Ford Fusion for sell by a private auto merchant. They found financing for me, I signed the papers, but car needed inspection and other items before they could deliver car. When we got home, we pulled a Car Fax on vehicl...

    Richard’s Answer

    The Texas Deceptive Trade Practice Consumer Protection Act (DTPA) provides remedies for both overt and covert non-disclosures that are fundamental to the transaction, such as here. In truth, the Dealer's Disclosure will be a defense and something you will have to reckon with, but if you refuse delivery now and state that this was concealed from you till the deal was done (or that you were pressured into signing the documents without full opportunity for review), they may back down rather than run the risk you will sue them or file a complaint with the Attorney General consumer complaints division. Failing all else, you could write them a demand letter under the statute and see if they will settle during the 60 day demand period.

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  • Is making statement like this against the law?

    PTI’s Dallas chapter is consisting on corrupt and malicious workers and it is not hidden from the Dallas community. PTI wants to throw out all their honest and hard worker members of the party so that the “malicious” party workers can perform all ...

    Richard’s Answer

    It is difficult to answer your question in its present form, because you don' t specify who PTI is. A legal entity can be libeled the same as an individual in Texas. However, it is not clear what the email author meant by "is consisting on corrupt and malicious workers...". If PTI elected to sue for libel, it would bear the burden of showing that (a) the meaning was clear; (b) that the allegation of corrupt and malicious workers was false (difficult to do because such workers are not named) Nd (c) that such a falsehood, if proven, redounded against the organization as a whole. As for "...wants to throw out..." this is not a statement, but an imputation of a state of mind and therefore not actionable as libel.

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  • While dining at Red Robin Restaurant on April first, I bit down on something hard and broke a tooth. I talked with an assistant

    Asst. Mgr. took a picture of my tooth that had broken off. I asked Red Robin to pay my dental bill. They accepted no responsibility at all and refused. I am suing them in small claims court to recover my losses. I ate at Red Robin in Hurst. Te...

    Richard’s Answer

    In the strict sense, as a private business owner he can deny you entry for any number of reasons; however, he would be foolish to do so. You should reenter and seek service like any other patron, and then if he denies you service, I would contact the corporate headquarters and explain the situation. I would be willing to bet that they would overrule him. If they do not, I suggest you contact the local news media and they would gladly run a story on this, which would make the restaurant rue the day they acted this way.

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  • Any chance to win a personal injury suite involving a pedestrian struck by a train on a bridge.

    Train was a capital metro electric railway going 40 miles an hour

    Richard’s Answer

    Of course, there is always a "chance to win" such a suit; however, the key is to know the factual details surrounding the accident. Was the person already on the bridge when the train approached? How far away was the train when the pedestrian saw it? What efforts were made to stop the train and when? A litany of other questions will need to be answered before the relative strength of the claim can be evaluated.

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