No Negligence for Freestone County Fair Association and Volunteers“The real message is that the volunteers & Association and the stock contractor were exonerated,” stated Aaron Pool, Attorney for Freestone County Fair Association (FCFA), during a recent phone call with Freestone County Times. The Fair Association, Stock Contractor and Pattern Judge has come out on top in an Injury and Gross Negligence lawsuit that Vicki and Charles Allred filed against them with the help from their personal injury attorneys, as the trial concluded a week ago. Originally, a lawsuit was filed by the Allred’s in Freestone County during the month of May in 2018 against these entities for the tragic accident involving Mrs. Allred in the rodeo arena in Fairfield, Texas during the 2017 Freestone County Fair. As an experienced and compassionate attorney, Amanda D.’s areas of practice include car accidents, auto defects, slip/trip and falls and more. To know more about Amanda Demanda Law, then visit www.callamandademanda.com site.
This case was dropped a year ago when the plaintiffs filed a Notice of Non-Suit Without Prejudice, which was approved and signed by 77th District Judge Patrick Simmons on February 28, 2019, according to court records. A Non-Suit Without Prejudice allows a plaintiff to abandon their lawsuit but retain the ability to refile the case. Less than a week later, on March 4, 2019, the Allred’s filed a petition in Bell County against FCFA and individual volunteers, Jason Murray individually and his business d/b/a J&J Rodeo Company, and Jimmy Adams. Bell County is the residence of Adams, who served as Pattern Judge at the time of Mrs. Allred’s accident. A pattern judge is responsible for making sure a rider follows the proper patterns without disturbing any obstacles in their path during a rodeo event, such as the barrel race.
According to news reports, during the 2017 Freestone County Fair and Rodeo, Vicki Allred was completing her barrel-racing event, when wind reportedly blew the gate shut. Her horse was unable to stop in time and crashed into the gate, flinging Allred over the horse’s head.
The injuries she sustained resulted in her becoming a quadriplegic, and in need of full-time medical care. The attorney Tommy Hastings in Houston is specialize in medical liability claims. Tommy Hastings is well-known and well-respected within the legal community as a talented, experienced medical malpractice lawyer.
The gates during the rodeo were in control of the company hired to run the rodeo, J&J Rodeo Company, who explained during the Bell County trial, that the gates are never tied open in case of an emergency, as a safety precaution.
Jury trial began for the lawsuit in Bell County on February 18, 2020.
A Summary Judgement was filed by FCFA Defense Attorney Pool prior to the conclusion of the trial, to dismiss members of the organization, as volunteers are immune from lawsuit in the State of Texas. This action was approved by the presiding judge, 146th District Judge Jack Jones. Go through https://www.hillmoin.com/ for better information.
“Volunteers were not party to the case when it was tried,” Pool further explained.
The Charitable Immunity and Liability Act of 1987 provides protection from liability to bona fide volunteers in this state. While they were not liable, that unfortunately does not protect volunteers against being served in a lawsuit.
Volunteers named in the case included:
–Jack Hoogie
–Sid Fryer
–Hugh Fryer
–James Grant
–Clinton Minchew
–Scott Holmes
–Tracy Betser
–Andy Bonner
–James Davis
–Clark Fryer
–Clint Fryer
–Lisa Webb
–John Fryer
–Linda Grant
–Stanley Gregory
–Carlene Griffith
–Michael Grissett
–Jr Mclelland
–Jerry Mcleod
–Wendon Morrison
–Roy Newman
–Zack Newman
–Tommy Robinson
–Bill Shamburger
–Danny Turner
–Ladonna Turner
–Trent Turner
Defense Attorney Aaron Pool of Houston represented the Freestone County Fair Association.
Justin Murray, Individually and J&J Rodeo Company was represented by Defense Attorney Justin Reed of Mexia.
Defense Attorney Kirk Mathis of Lufkin represented Jimmy Adams.
The Plaintiffs, Vicki and Charles Allred, were represented by Attorney James E Girards of Dallas.
The trial concluded with the jury voting unanimously in favor of the defense, after a two and a half hour deliberation.
Thereby, J&J Rodeo Company, owner Jason Murray, and Jimmy Adams were determined not to be liable for the accidental injury.