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Scott Bennet Frenkel
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Scott Frenkel’s Answers

35 total

  • My husband was killed by a train at a private railroad crossing, do I have a WD claim?

    The crossing is private The railroad company said that any lawsuit would be preempted by federal law

    Scott’s Answer

    So sorry to hear of your loss. Preemption happens but it is very fact specific. Call an attorney who has done this. Best wishes and pray you find peace. SBF

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  • My husband has be summed by a court due to an estate foreclosure what does he need to do?

    My husband isn't related to either of the parties. The lady that passed away, her daughter inherited the house that was her mothers and there is debts that is against the estate. The court has documentation that shows that my husband in the past ...

    Scott’s Answer

    You should hire an attorney immediately to enter an appearance for you. You could do it pro se (meaning represent yourself) but I would discourage that route. Failure to timely appear could have disastrous consequences.

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  • Heart failure patient. Doctor would not listen to anything I had to say about health problems. Malpractice?

    When the Dr. entered the room, the first thing out of his mouth was "If your here to get hydrocodone, this interview is over". After that every time I tried to tell him what has been going on with me in the last week concerning my heart failure, ...

    Scott’s Answer

    No, it is not malpractice. But, it is very worthy of you filing a formal complaint. Here is a link:
    http://www.tmb.state.tx.us/page/place-a-complaint

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  • I had an drug court 'arraignment' on 8/15 and was put into a 12 month program. Who has the authority to take me out.

    May, I was arrested for the horrible mistake of putting someones bag inside my car unaware that it was over 20grams of cannabis 893.03(1)(c)7 and cntained paraphe. Talking to the officers writing the report, they believed I was set up into a trap ...

    Scott’s Answer

    I do not know where you are in the criminal process, but you need to hire an experienced criminal defense lawyer in your area ASAP.

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  • Who has authority within a business to appeal a court's decision?

    Business was sued for breach of contract in small claims in Texas. Court ruled in favor of plaintiff. President of business (defendant) appealed without approval of its board which is required within its own written policy. I am familiar with T...

    Scott’s Answer

    Rule 13 is designed for frivolous pleadings (what is written and submitted to Court). Whether your prez had authority or not to engage your attorney and file the appeal is a matter for the Board to determine and take separate legal action if necessary. This should be controlled by your corporate documents (I am assuming you are a corporation).

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  • Can a federal court in a civil action hear a state court case on a probate matter if the parties are the same.???

    If the plaintiffs and defendants in the probate matter are also plaintiff and defendants in the civil/federal matter matter can the federal court transfer the case to fed court.??

    Scott’s Answer

    I am not sure what you mean by "can the federal court transfer the case to fed court". Do you mean to a different federal court? But, you need specific requirements to invoke federal jurisdiction. There must be complete diversity of the parties (lives in different States) or there must be a federal question. There are some other ones, but those are the most common.

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  • This is the 3rd time I've asked this question, I'm Pro Se on my pending lawsuit my former attorney was dismissed by the judge.

    I had to file an "amended complaint " the defense attorney filed a"Verified answer to Amended Complaint! My question is, how much time do I have to respond to their Verified answer? Thank- you

    Scott’s Answer

    Generally, you do not have to respond (some Answer components need to be sworn to by the rules and that is "verified"). Start gathering evidence. Serve discovery. Good luck.

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  • Do I have a case

    Hi I had went to the obgyn doctor to receive medical attention for in infection. Before I left I told the nurse I am allergic to Diflucan. Plus it's in my medical records. The doctor prescribe me still medicine with Diflucan in it. I had to call t...

    Scott’s Answer

    The answer depends on what your full damages are. Medical malpractice is a breach of the standard of care + damages. Usually (at least in Texas), you need a fairly high level of damages to pursue a medmal. In your case, there certainly was a departure from the standard of care. Contact a medmal specialist in your area and go over your damages to see if the case can be pursued economically. Incidentally, I really can empathize with you. I am allergic to sulfa products and a doctor gave me antibiotics containing sulfa after foot surgery. No fun. Best wishes – SBF

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  • While my truck was being towed, drive shaft broke. Is a tow company responsible for damages will they have possesion

    My truck is a 2010F150 4x4. Truck was being repoed. Tow truck driver backed up in driveway and hooked back portion of truck & pulled it out of driveway. (We have cameras outside house and all this is recorded). Driver knocks on door and is given k...

    Scott’s Answer

    It cannot damage your property. You do have the ability to sue them. If the damage value

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  • Litigation. small claims, etc. What is the best way to convert text messages on my phone into usable evidence for court, etc.?

    How do I save my text messages in such as way as to make them be appropriately usable as evidence?

    Scott’s Answer

    There is a program called iExplorer that can do this for you. It exports text messages into a nice format that can then be printed or turned into a pdf. If you do not have an iPhone, I am sure there is a comparable product for other platforms.

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