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4th and 5

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Posts posted by 4th and 5

  1. 4 hours ago, ShowmeyourTDs said:

    After our morning workout this morning a stray kitten came and watched.  When The workout was over, it came over to the group to join in the group photo.  The little guy came right up to me and sat anxiously waiting for me to turn around.  When I acknowledged it, the cute little smokey gray fur ball looked up with it’s green eyes it gave a commanding meow.  He was saying that we got this.  I reached down and said hello Bru.  It instinctively jumped up into my hands.  The trainer said we can’t leave it in the parking lot.  With four kids, a guinea pig, and a dog my wife would not appreciate me bringing home another animal, the substitute trainer decided to take it home and post pictures on Facebook of the lost animal.  I’ll just take it as a sign.  Bru will be a Longhorn ... believe it.  True story.

    giphy.gif

  2. 1 hour ago, longhornmatt said:

    What is aggy about celebrating a close loss in which you know you were classier and more dignified than the people who beat you?  

    What are you going to say next? Is it aggy to take a girl’s sweater to the dry cleaners to get her boyfriend’s jizz stain out of it when she asks you because she’s too busy to do it herself, or does it just mean all your hard work wooing her has paid off and now you’re a valued friend that she trusts with intimate matters and you’ll be right there in the mix when she finally comes around?  Some of you people are so glass half empty.

    if the jizz came from a jar, and the sweater is made of wool, and the wool came from a sheep, then yes, indeed, it is aggy

  3. 12 hours ago, Machinator said:

    Roschon Johnson is going to be very easy to root for.

     

    Sneaky Pete in the shotgun, takes the snap.....flips it to Radical Larry, he turns the corner.....wait!.....no, it’s a pass....he fires the pigskin deep to the Living Ham for the touchdown!!!

    • Like 2
  4. 1 hour ago, 4th and 5 said:

    Is use or fail to use a seatbelt admissible in a civil trial? I know it used to be inadmissible. Not sure if it still is.

    if the kid chose to drove home to attend to some business of his own, and others decided to go with him, causation is going to be pretty weak. Even more so if the driver was not intoxicated. 

    well, allow me to retort.....

     

    456 S.W.3d 553 (2015)

    NABORS WELL SERVICES, LTD. f/k/a Pool Company Texas, Ltd. and Lauro Bernal Garcia, Petitioners,
    v.
    Asuncion ROMERO, Individually and as Representative of the Estate of Aydee Romero, Deceased, and as Next Friend of Edgar Romero and Saul Romero; Esperanza Soto, Individually and as Next Friend of Esperanza Soto, Guadalupe Soto, Maria Elena Soto; and Martin Soto, Respondents.

    No. 13-0136.

    Supreme Court of Texas.

    Argued October 9, 2014.
    OPINION DELIVERED: February 13, 2015.

    Mauro Fernando Ruiz, Ruiz Law Firm, McAllen, TX, for Respondent Martin Soto.

    Richard J. Plezia, Richard J. Plezia & Associates, Houston, TX, Peter M. Kelly, Kelly, Durham & Pittard, L.L.P., Houston, TX, Jeffrey R. Vaughan, Clark, Love & Hutson, Houston, TX, for Respondent Asuncion Romero.

    Anna Meredith Baker, Amy Warr, Alexander Dubose Jefferson & Townsend LLP, Austin, TX, Roger D. Townsend, Alexander Dubose Jefferson & Townsend, Houston, TX, David Wayne Lauritzen, W. Bruce Williams, Cotton Bledsoe Tighe & Dawson PC, Midland, TX, for Petitioner Nabors Well Services, Ltd.

    John Blaise Gsanger, The Edwards Law Firm, Corpus Christi, TX, for Amicus Curiae Texas Trial Lawyers Association.

    Scott Alan James, Shook Hardy & Bacon LLP, Houston, TX, for Amicus Curiae Alliance of Automobile Manufacturers.

    Ruth G. Malinas, Plunkett & Griesenbeck, Inc., San Antonio, TX, for Amicus Curiae Texas Association of Defense Counsel.

    Justice Brown delivered the opinion of the Court.

    For more than forty years evidence of a plaintiff's failure to use a seat belt has been inadmissible in car-accident cases. That rule, which this Court first announced in 1974, offered plaintiffs safe harbor from the harshness of an all-or-nothing scheme that barred recovery for even the slightest contributory negligence. Moreover, the Court reasoned that although a plaintiff's failure to use a seat belt may exacerbate his injuries, it cannot cause a car accident, and therefore should not affect a plaintiff's recovery.

    In 1985 the Legislature jumped in to statutorily prohibit evidence of use or non-use of seat belts in all civil cases. It repealed that law in 2003, leaving our rule to again stand alone. But much has changed in the past four decades. The Legislature has overhauled Texas's system for apportioning fault in negligence cases—a plaintiff's negligence can now be apportioned alongside a defendant's without entirely barring the plaintiff's recovery. And unlike in 1974, seat belts are now required by law and have become an unquestioned part of daily life for the vast majority of drivers and passengers.

    These changes have rendered our prohibition on seat-belt evidence an anachronism. The rule may have been appropriate in its time, but today it is a vestige of a bygone legal system and an oddity in light of modern societal norms. Today we overrule it and hold that relevant evidence of use or nonuse of seat belts is admissible for the purpose of apportioning responsibility in civil lawsuits.

  5. 1 hour ago, miguelito said:

    Not a lawyer (thank God), but I've always thought that "not guilty by reason of insanity" is bullshit.  Shouldn't it be "guilty by reason of insanity"?  You can still send the guy to a mental hospital if he needs it.  But why can't someone be insane and guilty?

     
    The insanity defense negates the ability of the actor to formulate the required intent to commit the criminal act.
     
    Is there deterrence, or is retribution justified, when you punish a person who cannot make rational decisions or control their conduct?
  6. Uncle Chris's seasoning, French dressing marinade, extremely hot fire, medium rare, slice diagonally. 

    Not fajitas but damn good.

    Also a great was to prepare an axis backstrap.

  7. 8 minutes ago, ClubWhatever said:

    So Caleb Johnson was the shhh.

    And that's the first time I've ever seen Waco referred to as an "intriguing destination".  I guess if you like anti-authoritarian gun battles.

     

    Or you like rape, or murder, or a new Papasito’s or just standing there while loud music is playing

  8. 8 hours ago, Angry Gorilla said:

    My wife owns a small women's clothing boutique.  She is constantly bringing home clothes from the store that she either has to mail out, get altered or dry cleaned, or return to the designer.  Every time she takes all the hangers in the closet to hang them on her little hanging rack she uses.  Now, every time I take my laundry into the closet to fold, I have maybe 2 hangers left.  

    I've asked her calmly and politely many times and offered to buy her as many hangers as she needs from Amazon.  Yet every week I have no hangers.  Now when I confront her about it, instead of asking nicely I tell her (without raising my voice) to stop taking my hangers and to buy some if she needs them.  She then starts acting like I'm OJ with some uncontrollable temper and am about to snap at any second.  That makes me 10X more ragey than the hangers.  I would rather her look me in the eye and say "fuck you, I'll use  your hangers whenever I damn well please" than start trying to reverse the situation and act like the victim.

    how many hangers - no matter how many I throw out -  do we have in our closet?

     

    tenor.gif?itemid=10135114

     

    PM me your address and I'll send you a box full 

     

     

  9. 39 minutes ago, BearCountry11 said:

    Wife and I decided yesterday that we would go to a sports bar to watch Horns play VCU today.  I’m excited because this woman rarely wants to watch sports.  

    I get home from work and she immediately tells me she wants to go to this wine bar because she is in the mood for wine and not beer.  I’m pissed because I want to watch the game and this wine bar doesn’t have a tv (wine selection at sports bar is lacking).  After a brief argument we go to the wine bar.  We get our table and my wife orders a fucking Stella Artois.  I stare in disbelief.  

    Wife:  “well you were talking about drinking beer so much it made me want a beer!”

     

    Would you do me a favor? 

    Drag your taint across her face while she is sleeping, and then confirm the same here.

    it would make me feel better about your post.

    • Like 4
  10. 21 minutes ago, pepper brooks said:

    Good call.  I do believe I want to get him an auto.  

    A Rem 1187 can be had for 500+, but you can't beat an 1100 in a 20, and your kid will love you for it forever. Or if money grows on trees why not an A5 or an M2 maybe even an SBE3. They are all lifetime firearms.

  11. On 12/4/2018 at 2:49 PM, pepper brooks said:

    Anyone got a good recommendation on a shot gun (probably 20 gauge) for a soon to be 11 year old?  Need something he can shoot now, but also something he won't outgrow in a year.  

    if you are in the Austin area:

    I've got a used youth Rem 870 wood stock in 20 gauge. $225 and proven time and time again to scare the piss out of the dove. And we can work out a favorable deal on a shitload of 20ga ammo in #6 and #7.5

    Or a brand new in box never fired Rem 870 black synthetic 12 gauge 28" barrel, he'll grow into it faster than you think. $275

    • Like 1
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