Editor’s Comment:07/18/2018. Ripoff Report believes in transparency and the more information the better. In this instance, there has been court action regarding this subject Report. We believe it important to note that not all Court Orders are alike. Many court orders are absolutely legitimate and we make no representations about this court order situation. However, we want our users to be aware that sometimes courts enter orders based upon default which typically means that the defendant didn’t show up. Sometimes a defendant won’t show up because they didn’t even get notice of the case proceedings in the first place and other times defendants may not show up because they don’t necessarily have the knowledge and/or the financial resources to fight. Still, in other instances, a defendant may simply appear only to stipulate (settle) the case by agreeing to stipulate to a court order because they are being bullied by the plaintiff and whether what they said was true or not, they just want the matter to go away so they can move on with life and make the plaintiff go away. Again, we make no representations about this particular court order situation. We are simply providing you with additional information so that you may be more informed and, coupled with any additional research you feel is necessary, may make your own informed decision regarding the validity of this Report. As always, we encourage our readers to do their homework and not just rely on one single source for information. Google, through the Lumen Database, has provided the following document relating to this subject Report:
http://lumendatabase.org/notices/16901659
Rad Law Firm, P.C. v. L. Tornatore Aka Lindatoto - Agreed Final Judgment and Permanent Injunction by Ripoff Report on Scribd
END OF EDITOR’S COMMENT
THE ORIGINAL REPORT IS UNDER THE LINE IMMEDIATELY BELOW
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My daughter, Shirley, was killed, along with her husband, on July 15, 2003. She was 29 years old and left three babies. I tried to sue the city of Dallas as well as the Omega company that was doing road work for the city of Dallas. According to witnesses, there were no flagmen at the site and you could not see if on coming traffic was coming. My son-in-law, Fredrick, pulled in front of a speeding truck and was killed as well as my daughter. The city charged Fredrick with the murder of my daughter, claiming he was at fault. How can a dead man tell his side of the story. He has a charge of murder on his record. Rad Law Firm took my case as well as the rest of our family's and after a long drawn out ordeal, we settled on July 14, 2006. I was discouraged from going to court. Adam Hardison told me if I went to court that the rest of my family would have to wait on me for their money. I signed papers for a settlement of around $8,000 dollars. $6,000 from Omega, and $2,000 from Progressive Insurance. I was not given a copy of the settlement papers on July 14,2006 nor did I know to ask for one. I was notified September 10, by "Phil" Bally that my settlement was now $4,749.87 and that if I didn't agree with the amount to take it up with Mr. Rad knowing I didn't have any way of proving I was owed more. I have yet to be paid. I really believe that he was afraid to sue the city of Dallas, took a payoff from the Omega company, and spent my part of the settlement. I reported the Rad Law Firm to the Attorney General but they (being lawyers themselves) said they had dismissed my complaint finding no wrong doing on their part. My only baby girl is worth $4,749.87. Does anyone believe that the Omega company or the city of Dallas even took notice of a sweet, beautiful baby girl that died wrongfully on July 15, 2003? Do you think that anybody thought of the three children that would have to be raised by family at the family's expense? All the money to be paid to the children is in a trust. Do you believe that the city of Dallas or the Omega company will not let this happen again? Lindatoto Kemah, Texas
U.S.A.
Adam R. Hardison
Dallas,#2REBUTTAL Individual responds
Fri, February 06, 2009
My name is Adam Hardison, and I have just learned that Lindatoto has posted serious allegations against me and Rad Law Firm concerning the outcome of her case. While Linda is certainly entitled to be upset over the tragic death of her daughter, she is wrong to fault me or Rad Law Firm for the outcome of what was an extremely difficult case. I am writing to set the facts straight. The Facts Shirley and her husband were both killed when Shirley's husband failed to yield the right of way and turned left into the path of an oncoming pickup truck. A construction crew had blocked off the outside lane of the two lane road on which the approaching truck was traveling, and Shirley's husband turned left just as the truck moved from the outside to the inside lane and entered the intersection. The police report reflected that the construction crew had placed two warning cones and a flagman in the road to caution approaching motorists to slow down. Liability There were three possible defendants against whom we could make a claim: 1) Shirley's husband; 2) the driver of the pickup truck; and 3) the construction company who was pouring a sidewalk at the corner of the intersection where the collision occurred. 1. Shirley's husband was clearly liable for this collision, and we were able to quickly secure a policy limits offer of $25,000 from his liability insurance policy. However, we were not able to officially accept this offer until we could determine whether others might also be liable. 2. The driver of the pickup truck that collided into Shirley's vehicle was clearly liable, but unfortunately, he was also uninsured. 3. This case was about trying to uncover facts showing that the construction company was also liable for this collision. I felt that the construction company's equipment was probably in the road obstructing visibility and that the construction company had not followed various rules concerning placement of cones and signs. The construction company's witnesses said they did follow these rules, but I uncovered some evidence that showed they did not. Damages In trying to settle this case, I was concerned that a Jury would place the majority of the liability on Shirley's husband and/or the uninsured driver of the pickup truck. The other serious problem was that there was only one client Shirley's young daughter who had had any real relationship with Shirley. In a wrongful death case, the damages are based primarily on the loss of the relationship between the survivors and the deceased. In this case, however, the facts established that Shirley had not had the type of relationship with Linda, her father, or her two sons that would persuade a Jury to render a sizeable verdict to them. The Settlement When we went to mediation, we were able to negotiate a settlement from the construction company in the gross amount of $100,000, with $80,000 being offered to Shirley's daughter and $20,000 being offered to Shirley's parents and her two sons. Assuming that the construction company was found to be 10% at fault, this settlement represented a $1,000,000 verdict, an unlikely outcome given the facts. Ultimately, all the clients agreed to accept this settlement with the understanding that the majority of the money would be used to take care of Shirley's daughter, who had lost both of her parents in this collision and who is now being raised by her grandfather, Shirley's father-in-law. They agreed that it was better to provide for the welfare of Shirley's daughter than to risk going to trial. The daughter's money was placed into an annuity, and when she reaches 18 years of age, it will have grown sufficiently to put her through college. After the clients accepted the settlement, we still had to have a Minor Prove-up Hearing for the Court to approve the settlement before any of the money could be disbursed. This process involved having the Court appoint a guardian ad litem to meet with the clients, finding an annuity company, and having a hearing to approve the settlement as being in the minor children's best interest. This was a lengthy process. We also had to address a variety issues with a competing probate action that further delayed the hearing. Eventually the Court heard the case, it approved the settlement, and all monies were disbursed to the clients. A Note About Me I graduated from Baylor Law School in 1990, I am a board-certified personal injury trial lawyer, and I have represented thousands of clients in the Dallas/Fort Worth area. I have worked hard to maintain an excellent reputation with my clients and my peers. I regret that Linda is unsatisfied with the outcome of her case, but I know that because of the excellent work that I did, Shirley's daughter received a recovery that she would not otherwise have received. Because of that, she will have the opportunity to complete her education and live a successful life. Adam R. Hardison
Lindatoto
Kemah,#3Author of original report
Fri, May 02, 2008
Everybody that thinks Russ is a lawyer, raise your hand!
Lindatoto
Kemah,#4Author of original report
Mon, October 08, 2007
I've been told that since I am reporting about LAWYERS that I have to declare that everything I say about THEM is alleged because I can't PROVE any off this except for public records that THEY file!!! I can prove this-it's October 8th 2007. Shirley Dawn died July 15th 2003. I have not received any kind of settlement although I signed settlement papers July 14 2006. I also want to add that "Phil" Bally really seems to be trying to help me. I guess he may be one of those ethical people trapped in an unethical job.
Russ
Brandon,#5Consumer Comment
Mon, October 01, 2007
Read the attorney contract which, undoubtably, you signed. No attorney would proceed without one. Standard is 33.3% if the case settles before a suit is filed, 40% is settlement occurs before trial, and 50% of the settlement after trial. In addition, attorneys have the right to reimburse themselves for reasonable expenses while litigating the case. As I see it, the attorney settled for 40% plus expenses. The Bar Association was correct, there was no worngdoing.