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We just spent 6,000.00 dollars to pave the entrance to our…

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We just spent 6,000.00 dollars...
We just spent 6,000.00 dollars to pave the entrance to our driveway, we even paved the easement that Tx is responsible for. The contractors put cones up...hense, DO NOT DRIVE here, Texas public works were mowing ( bad, bad luck) and caused significant damage to the driveway. We have called public works. A Inspector is suppose to look. That was 3 days ago.
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/17/2010
Lawyer: P. Simmons, Attorney replied 8 years ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,673
Experience: 16 yrs. of trial experience
Verified
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psimmons :

Can you tell me your question please?

Customer:

We had our driveway paved with asphalt. Cones were put up, indicating do not drive on . State mowers came and mowed, they went over the asphalt with their huge mowers and caused significant damage. We have called public works. Nothing is being done

Customer:

No, it did cost us 6,000.00 to pave. The contractor came to pick up his cones and said "how stupid can they be" Then told us we did our part, you have to take it up with the State of Texas.

psimmons :

OK...so at this point what is the cost/harm to you?

Customer:

Well, the contractor did tell us (very reputable contractor) that area we paved is in a flood zone so it is very critical that there is no seams, for water to enter. So, I would say.....6,000.00

psimmons :

If the city was responsible for this you can sue the city for the damage they caused. You will need to prove your damages...so you will need a contractor that can testify that it must be fixed (and what it will cost to fix).

psimmons :

But you will need to sue under the TX Tort Claims Act. More info here

Customer:

This is the State, the contractor saw the damage, he was floored. He will testify, no doubt. Will this Tx claims tort act be the same for the state?

Customer:

What type of lawyer would I go to for that?

psimmons :

State of TX, correct?


 

Customer:

correct

psimmons :

Yea, that is the ONLY way to sue the state. Because of the doctrine of Sovereign Immunity the government gets to say when you can sue them an, more important HOW you can sue. What you describe IS grounds for suit, PROVIDED you can prove damages...you have to show their mess up caused you damages (time/cost/effort)...if you can show this, you can collect

Customer:

Yes, I can prove all of the above. What type of lawyer would handle this? More importantly, could it be on a contingency basis?

psimmons :

Yes, it can be contingency...and you need an attorney with experience in government suits AND tort claims. This is a rare breed of case where its a tort claim (think personal injury) but it involves the government.

psimmons :

SO find an attorney with experience with TX tort claims first

psimmons :

that is the most important skill

psimmons :

then you can worry about the tort part...most all lawyers understand this

Customer:

so, I should look for "tort" correct? I want experienced...

psimmons :

What county are you in?

Customer:

I am in Texas...it's a whole "nother" country....haha.... that's our motto.......I am in trouble.

psimmons :

sorry, ment county...county in tx

Customer:

Bexar

psimmons :

I just did a search on mardindale and found 3 that came straight up...I can not post the link, but will paste the contact info

psimmons :

Name: Thomas A. Mailloux, II
Peer Review Rated
Client Review Rated
Documents
Job Title: Associate
Organization: Brock, Person, Guerra, Reyna, A Professional Corporation
Practice Areas: Insurance; Insurance Defense; Litigation; Civil Litigation; Defense Litigation; Torts; Tort Defense; Civil Liability; Toxic Torts; Mold Litigation; Toxic Tort Defense; Construction Law; Construction Defects; Construction Litigation
Office: San Antonio, Texas (Bexar Co.)
Peer Review Rating: BV® Distinguished™ 4.4 out of 5

psimmons :

Timothy BXXXXX XXXXX
Peer Review Rated
Client Review Rated
Documents
Job Title: Member
Organization: The Law Office of XXXXX XXXXX, P.C.
Practice Areas: Torts; Civil Liability; Intentional Torts; Mass Torts; Common Carrier Liability Law; Motor Carrier Liability; Truck Accidents; Trucking Liability; Recreational Boating Law; False Advertising; Dram Shop Liability; Liquor Liability;...
Office: San Antonio, Texas (Bexar Co.)
Peer Review Rating: AV® Preeminent™ 5.0 out of 5

psimmons :

Don W. Doyle
Peer Review Rated
Client Review Rated
Documents
Job Title: Associate
Organization: Brock, Person, Guerra, Reyna, A Professional Corporation
Practice Areas: Insurance Defense; Insurance; Debtor and Creditor; Creditors Rights; Fair Debt Collection Practices Act; Litigation; Defense Litigation; Personal Injury; Products Liability; Torts; Civil Liability; Tort Defense; Toxic Torts; Asbestos...
Office: San Antonio, Texas (Bexar Co.)

Customer:

Thank-you.....u have been very helpful. I got all that I need.

psimmons :

Welcome

Customer:

:)

Customer:

Good night

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Lawyer: P. Simmons, Attorney replied 8 years ago
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Lawyer: P. Simmons, Attorney replied 8 years ago
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