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allegorical oracle

(2,357 posts)
Wed May 25, 2022, 08:04 PM May 2022

Can someone help me understand something about Abbott's disability? Would never make light of

anyone who is disabled, but can't figure out what happened in his case. The Texas Tribune in Aug. 2, 2013 explained that Abbott was "paralyzed by a falling oak tree in 1984...". Then Wikipedia explains:

On July 14, 1984, at age 26, Abbott was paralyzed below the waist when an oak tree fell on him while he was jogging following a storm.[6][250] He had two steel rods implanted in his spine, underwent extensive rehabilitation at TIRR Memorial Hermann in Houston and has used a wheelchair ever since.[251][252] He sued the homeowner and a tree service company, resulting in an insurance settlement that provides him with lump sum payments every three years until 2022 along with monthly payments for life; both are adjusted for inflation.[253] As of August 2013, the monthly payment amount was US$14,000 and the three-year lump sum payment was US$400,000, all tax-free. Abbott said he had relied on the money to help him pay for nearly three decades of medical expenses and other costs.[253]

Oak trees don't keel over quickly. It would've had to be falling as he jogged up to it and it would seem a runner would be past the tree by the time it fell. Even if he paused, it would be apparent that the tree was falling over. They make noise -- creaking and cracking as they fall. Just pondering how it could've happen.

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Can someone help me understand something about Abbott's disability? Would never make light of (Original Post) allegorical oracle May 2022 OP
He was listening to his Sony Walkman. Frasier Balzov May 2022 #1
Considered that, too. Then wasn't he at least somewhat as negligent as the tree owner? allegorical oracle May 2022 #4
Premises liability tort law can look like strict liability given the circumstances. Frasier Balzov May 2022 #11
And Abbott is an attorney, but maybe not at the time of his accident. nt allegorical oracle May 2022 #17
Didn't realize that sort of reward is tax free. nt DURHAM D May 2022 #2
The theory is that it isn't income. Frasier Balzov May 2022 #12
It depends unblock May 2022 #15
If someone totals your car..settlement money replaces.value of your car Demovictory9 May 2022 #23
Texas Monthly has a long article on Greg LetMyPeopleVote May 2022 #3
Fascinating! Thank you muchly. Now I don't feel sorry for the homeowner, either...lol allegorical oracle May 2022 #6
Are you actually suggesting someone would want a tree to fall on them? Treefrog May 2022 #5
No one would. Just pondering the timing odds of a large tree falling on someone jogging by it. allegorical oracle May 2022 #7
Take a read on this also Beachnutt May 2022 #8
Why am I not surprised that Abbott is the type to climb a few rungs crickets May 2022 #30
What makes you think getting out of the way of a falling tree is easy? unblock May 2022 #9
Good point. I have about 200 oaks on my property and they're fairly amiable, so far. But they allegorical oracle May 2022 #16
We have a ton of trees here too. Come time think of it, unblock May 2022 #19
See my post #24. I have not seen or heard of a branch giving warning. Hekate May 2022 #26
I understand that he later signed legislation to make sure Crunchy Frog May 2022 #10
That is what this explains Beachnutt May 2022 #13
Hearing that years ago was the first inkling I had that he was a piece of shit. Patterson May 2022 #20
How did I guess? Hassin Bin Sober May 2022 #21
he was proably drunk gopiscrap May 2022 #14
Bizarre question. Scrivener7 May 2022 #18
Years ago my ex and I were on a lunch time walk at work on a windy CentralMass May 2022 #22
The house next door has a California Live Oak that dropped a branch before we moved in... Hekate May 2022 #24
the article you quoted explains what happened Takket May 2022 #25
He was too stupid rownesheck May 2022 #27
People get hit by falling trees branches while walking or running onenote May 2022 #28
a progressive pushed the Americans with Disabilities Act (ADA) by Tom Harkin (D) Shellback Squid May 2022 #29

Frasier Balzov

(2,654 posts)
11. Premises liability tort law can look like strict liability given the circumstances.
Wed May 25, 2022, 08:29 PM
May 2022

He was in the public way.

You can rest assured that if the insurance company entered into a settlement agreement like that, they knew they would lose if the case went to judgment.

unblock

(52,247 posts)
15. It depends
Wed May 25, 2022, 08:40 PM
May 2022

If it's to cover medical expenses or damage to property, it's not taxable.

If it's for pain and suffering, punitive damages, or lost wages, it probably is taxable.

I am not a lawyer, but I did "win" a (much much smaller) settlement from a car accident a long time ago.


In this particular case, I have a very very tough time believing that 100% of a multi-million dollar settlement was solely for medical expenses.

If he really spent that much on medical bills, he'd have a slam dunk case for even more based on pain and suffering and lost wages and such.

Demovictory9

(32,457 posts)
23. If someone totals your car..settlement money replaces.value of your car
Wed May 25, 2022, 10:05 PM
May 2022

You lost something..get $$ in trade

Same with settlements related to injury

LetMyPeopleVote

(145,293 posts)
3. Texas Monthly has a long article on Greg
Wed May 25, 2022, 08:14 PM
May 2022

It is written by a person who was a paralegal at the firm Greg started at. That firm had issues and fell apart in the early 1990s. There used to be a joke that Butler & Binion hired as many attorneys as Vinson & Elkins but few stayed with the firm.

There are some good details on the settlement Greg got due to a falling tree.



https://www.texasmonthly.com/news-politics/who-is-greg-abbott/
One of the higher-ups at Butler & Binion was a canny litigator named Pearson Grimes. (Disclosure: I worked as a paralegal at Butler & Binion from 1976 to 1979, before Abbott arrived.) Grimes persuaded Don Riddle, who was then considered one of the best personal injury lawyers in Houston, to represent his young associate in a potential lawsuit. Abbott had been hurt during the heyday of the plaintiffs’ bar in Texas, with wily lawyers regularly winning jury awards and settlements in the seven figures for injured clients. Riddle knew, however, that a tree falling did not necessarily indicate negligence on someone’s part—and negligence had to be shown in order to recover damages. But Abbott made for a sympathetic plaintiff, struck down just as his professional life was beginning. And the owner of the property where the accident occurred was a wealthy divorce lawyer, Roy W. Moore. (He died in 2018.) According to one person who heard the story from Moore, he visited Abbott in the hospital and promised that he would insist that his insurance carrier pay Abbott the highest amount the policy would allow, negligence or no negligence.

Moore was covered for $1 million or so in his homeowners policy, Riddle recalled. “A million dollars didn’t stretch that far if you were damaged for life,” he said. But he discovered that Moore had paid a tree company that was part of a large national chain to do some work on the oak. Riddle could then assert that the repairs might have been done improperly—that more attention had been paid to caring for the tree’s canopy than to protecting and stabilizing the roots. Now Riddle had not one but two deep-pocketed defendants. Through what was then known as joint and several liability, a plaintiff could recover damages from multiple parties so long as some responsibility was established.

By 1986, Abbott had completed his rehab. He wasn’t walking, but he was moving forward in other ways. Riddle had negotiated an impressive settlement that would support his client for the rest of his life. The estimated total of $3 million (about $8 million today) began with an initial lump-sum payment of $300,000 (about $770,000 in today’s dollars), followed by another lump sum of $100,000 in 1989. Abbott would continue to get lump-sum payments every three years, with the last payment of $740,020 scheduled for November 1, 2022—a nice supplement to his $153,750 annual governor’s salary. Additionally, in 1986 Abbott started receiving $5,000 a month (almost $13,000 today) with a built-in annual increase of 4 percent for the remainder of his lifetime. It was all tax-free.

I have never been impressed with Greg's intelligence and I am hopeful that Greg will continue to push homophobic policies that will help Beto.

I hope that this helps

crickets

(25,981 posts)
30. Why am I not surprised that Abbott is the type to climb a few rungs
Wed May 25, 2022, 11:05 PM
May 2022

and then pull up the ladder behind him? It's a shame what happened to him, but what a piece of work that he has so little regard for others in similar situations.

unblock

(52,247 posts)
9. What makes you think getting out of the way of a falling tree is easy?
Wed May 25, 2022, 08:28 PM
May 2022

Tree have branches too you know. And if they fall from something other than having been cut down by experts, they can twist or change direction mid-fall, say if they fall into another tree.

Never mind the time to become aware of what's going on and realize you have to make a split-second decision.

allegorical oracle

(2,357 posts)
16. Good point. I have about 200 oaks on my property and they're fairly amiable, so far. But they
Wed May 25, 2022, 08:45 PM
May 2022

don't fall like dominoes. Even the big branches signal they're coming down. And the roots can trip someone.

unblock

(52,247 posts)
19. We have a ton of trees here too. Come time think of it,
Wed May 25, 2022, 08:57 PM
May 2022

the acoustics in the forest here can be tricky. Not always easy to tell which direction a sound is coming from. Plus, if a tree is falling to the side, it's easy to see if you're looking at it. But if you're looking a a tree falling straight towards you, it might not be obvious what's going on at first

Crunchy Frog

(26,587 posts)
10. I understand that he later signed legislation to make sure
Wed May 25, 2022, 08:29 PM
May 2022

that nobody else who was similarly injured would ever be able to win the kind of financial settlement that he got for himself.

Hassin Bin Sober

(26,330 posts)
21. How did I guess?
Wed May 25, 2022, 09:08 PM
May 2022

As I was reading the story posted above I bet myself 10 bucks this clown was no doubt in favor of “tort reform” — just like every other right wing douche bag who is not shy about cashing in when it comes to their own injuries.

Tom Delay sued the maker of some ball bearing that failed on his father’s home made Rube Goldberg trolley that sent his father head-first into a tree. Massive brain trauma ensued. He sued for amounts way in excess of what he later wanted to limit other litigants to.

Same with Rick “frothy mixture” Santorum. Sued his wife’s chiropractor (in addition to her claims) fir loss of companionship for a supposed back injury. Again, collecting larger amounts than what he later supported as a cap.

CentralMass

(15,265 posts)
22. Years ago my ex and I were on a lunch time walk at work on a windy
Wed May 25, 2022, 09:54 PM
May 2022

day and a rotted tree suddenly fell somewhat vertically and hit the side walk just behind us.
Some of the debis as it struck the side walk and went into the road hit us in the back of the legs.. Had we been just a step or two slower we probably would have been severely injured.

Hekate

(90,714 posts)
24. The house next door has a California Live Oak that dropped a branch before we moved in...
Wed May 25, 2022, 10:21 PM
May 2022

No particular reason. It was found to be healthy enough — 6 years later it’s still beautiful. The tree was subsequently pruned, of course, as needed every handful of years.

Anyhow, given the size of all the remaining branches, and given the size of the trail it left through their yard and our fence, it had to have weighed several hundred pounds.

Eucalyptus are notorious for abruptly giving up the ghost. When I was working for County Public Works, I had a frantic phone call one morning from a man trapped in his house by a street tree across the road that fell into his front yard and blocked his front door and driveway — on what was supposed to be his first day at a new job.

Another time I drove past Burger King and saw a new pickup truck in their lot crushed end to end by a fallen eucalyptus. All four tires flattened, windows blown out.

My in-laws had some nameless backyard tree that dropped a major branch one night, probably 200 pounds. They ultimately had the tree removed.

Like you, I don’t know the particulars of Abbott’s accident, if a whole tree fell on him or “just” a branch. I just know something like that has the capacity to kill you — or leave you crippled.

Takket

(21,575 posts)
25. the article you quoted explains what happened
Wed May 25, 2022, 10:24 PM
May 2022

nothing else to it other than that. no need to look for some conspiracy theory from 40 years ago.

rownesheck

(2,343 posts)
27. He was too stupid
Wed May 25, 2022, 10:34 PM
May 2022

to dodge a tree that was falling. Fuckin dumbass.

Of course later on, he changed the law so that no one else would be able to sue and get as much money as he got in his settlement

Fucking piece of shit. After trump, he is the second person I hope to live long enough to see die. That way I can piss all over his fucking grave

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