Pundits and pols on the left and right are expressing outrage over a new ad from Democratic candidate Wendy Davis in the Texas governor race. The ad points out that even though her opponent, Attorney General Greg Abbott, sued and won a settlement after an accident left him paralyzed from the waist down, he has spent his career fighting against personal-injury settlements for others who’ve found themselves in similar circumstances.
If everything in the ad is true, how can it be an “attack ad?”
Here’s the script and explication from the Davis campaign:
Click [HERE] for more.
| SCRIPT | FACTS |
| VO: A tree fell on Greg Abbott. He sued and got millions. Since then, he’s spent his career working against other victims.SUPER: Abbott Could Receive as Much as $10.7 Million from Settlement. Associated Press, 10/08/02 | 1984: Abbott Was Jogging When A Tree Fell On Him & Leaving Him Paralyzed; Abbott Sued The Homeowner & A Tree Company. In April 2002, The Associated Press reported, “Abbott was jogging in the posh Houston neighborhood of River Oaks in July 1984 when a 75-foot oak tree broke at its base and struck Abbott in the back. The resulting injuries left Abbott partially paralyzed, and he now uses a wheelchair. Abbott, then 24, had recently completed law school and was uninsured. He sued the homeowner and a tree company that had inspected the oak.” [AP, 4/27/02]
AP: Abbott Could Receive As Much As $10.7 Million From Settlement. In October 2002, The Associated Press reported, “He has never said how much he received in the settlement. But court documents show Abbott received nearly $3 million in escalating monthly payments from his settlement and could gain as much as $10.7 million.” [AP, 10/08/02] |
| VO: Abbott argued a woman whose leg was amputated was not disabled because she had an artificial limb.
SUPER: Abbott’s Argument: woman whose leg was amputated was not disabled because she had an artificial limb. Dallas News, 2/15/14
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Abbott Fought To Block Disabled Woman With An Amputated Leg From Suing The State. In February 2014, The Dallas Morning News reported, “Attorney General Greg Abbott, who has said he supports the Americans with Disabilities Act, has tenaciously battled to block the courthouse door to disabled Texans who sue the state. In a series of legal cases in his three terms, Abbott’s office has fought a blind pharmacy professor in Amarillo who wanted reflective tape on the stairs to her office; two deaf defendants in Laredo who asked for a qualified sign language interpreter in their courtroom; and a woman with an amputated leg. In that case, the state argued she was not disabled because she had a prosthetic limb.” [The Dallas Morning News, 2/15/14]
The Dallas Morning News: Abbott’s Argument: Woman “Was Not Disabled Because The Prosthesis Solved Her Disability.” In February 2014, The Dallas Morning News reported that Abbott has fought numerous lawsuits that disabled people have brought against the state, including “a woman with an amputated leg. In that case, the state argued she was not disabled because she had a prosthetic limb.” According to the paper, “Evelyn Little, who had her left leg amputated at the knee, used a prosthetic and was able to complete long work shifts. She had worked as a food manager at nationally recognized restaurants. She applied for state jobs as a food manager on more than 14 occasions between 1995 and 1999 but was never hired. She sued for employment discrimination. Abbott’s argument: Little was not disabled because the prosthesis solved her disability.” [The Dallas Morning News, 2/15/14] |
| VO: He ruled against a rape victim who sued a corporation for failing to do a background check on a sexual predator.
SUPER: Abbott ruled against a rape victim who sued a corporation for failing to do a background check on a sexual predator. Texas Supreme Court, 12/31/98
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March 1993: Kirby Vacuum Salesman, Mickey Carter, Raped Woman After Being Allowed Into Her Home To Perform A Demonstration. According to the Opinion issued in Kirby by the Texas Court of Appeals, Third District, “In March 1993, after having been allowed into [the victim’s] home to perform a Kirby demonstration, [Mickey] Carter sexually assaulted [the victim] while her children were taking an afternoon nap.” [No. 03-95-00544-CV, Opinion, Texas Court of Appeals, Third District, 5/01/97] Kirby Distributor Who Hired Mickey Carter Did Nothing To Check Carter’s Background Or Any Of The Information On His Application, Did Not Even Call His References Or Prior Employers. According to the Opinion issued in Kirby by the Texas Court of Appeals, Third District, “In 1992, Leonard Sena, a long-time Kirby distributor, hired Mickey Carter to be a dealer. On his application, Carter listed three prior places of employment and three personal references. Sena did not call Carter’s references or prior employers. In fact, Sena did nothing to check Carter’s background or any of the information on his application.” [No. 03-95-00544-CV, Opinion, Texas Court of Appeals, Third District, 5/01/97] Texas Supreme Court Held That The Kirby Company Was Liable For The Injuries To A Woman Who Was Raped By Their Door-To-Door Salesman. In December 1998, The Associated Press reported, “The Texas Supreme Court has held the employer of a door-to-door vacuum cleaner salesman liable for injuries to a woman he is alleged to have raped. By a split vote, the court ruled Thursday that The Kirby Co. should have required its distributor to do a background check before hiring salesman Mickey Carter, which would have revealed previous complaints of sexual misconduct.” [AP, 12/31/98] Greg Abbott Sided With The Kirby Company. In December 1998, The Associated Press reported the Texas Supreme Court ruled that The Kirby Company was liable for a victim’s injuries after one of their door-to-door salesman raped her in her home. “Justice Greg Abbott, writing a dissenting opinion, sided with Kirby. ‘Kirby retained control over where the work was to be performed, not over who was to perform that work,’ Justice Abbott wrote.” [AP, 12/31/98] Abbott: “Kirby Owed No Duty…” In December 1998, in a 6-3 Opinion in Kirby, the Texas Supreme Court held that The Kirby Company was liable for a victim’s injuries after one of their door-to-door salesman raped her in her home. Greg Abbott sided with The Kirby Company and authored a dissent. “[The victim] claims that her injury is related to the selection of Carter as a dealer without a background check. This injury is specifically related to the control that Kirby abrogated – control over the selection of dealers. In essence, the Court rewrites Kirby’s Distributor Agreement and Independent Dealer Agreement to require Kirby to assume control over dealer selection. Because the injury is not related to the control retained by Kirby, the Tidwell test is not met and Kirby owed no duty to [the victim] under the circumstances of this case.” Abbott’s dissent was joined by Justice Owen. Justice Hecht filed a separate dissent. [No. 97-0707, Dissent, Supreme Court of Texas, 12/31/98] |
| VO: He sided with a hospital that failed to stop a dangerous surgeon who paralyzed patients.
SUPER: Abbott Sides With Hospital in Lawsuit. The Dallas Morning News, 3/26/14
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The Dallas Morning News: “Abbott sides with hospital in lawsuit” [Headline, The Dallas Morning News, 3/26/14]
“The Baylor Regional Medical Center At Plano, Accused Of Protecting A Neurosurgeon Who Allegedly Killed & Maimed Patients, Gained An Ally This Week In Texas Attorney General Greg Abbott.” In March 2014, The Dallas Morning News reported, “The Baylor Regional Medical Center at Plano, accused of protecting a neurosurgeon who allegedly killed and maimed patients, gained an ally this week in Texas Attorney General Greg Abbott.” [The Dallas Morning News, 3/26/14] The Dallas Morning News: “Abbott Didn’t Need To Intervene But Chose To, Disregarding The Many Opportunities Baylor Had To Yank The Doctor’s Privileges…” An editorial in The Dallas Morning News stated, “Texas Attorney General Greg Abbott has discretion when it comes to taking sides in controversial cases. He made a bad decision in coming to the defense of Baylor Regional Medical Center at Plano as it faces three lawsuits in federal court for allowing a neurosurgeon to operate despite allegations the doctor had maimed patients. Baylor invoked a Texas law, now under challenge, that requires plaintiffs to prove that the hospital intentionally inflicted harm when it allowed neurosurgeon Christopher Duntsch to conduct surgeries. Abbott didn’t need to intervene but chose to, disregarding the many opportunities Baylor had to yank the doctor’s privileges as documented complaints against him mounted.” [Editorial, The Dallas Morning News, 3/29/14] The Dallas Morning News: “If Abbott’s Position Is Upheld, The Patients Would Have A Much Harder Time Winning A Suit Against Baylor.” According to The Dallas Morning News, “If Abbott’s position is upheld, the patients would have a much harder time winning a suit against Baylor.” [The Dallas Morning News, 3/26/14] NBC: A Dozen Patients “Allege Duntsch Botched Their Surgeries…Turning Some Into Paraplegics & Others Into Quadriplegics, Confining Them To Wheelchairs.” In June 2013,NBC reported, “A dozen other patients allege Duntsch botched their surgeries, too, turning some into paraplegics and others into quadriplegics, confining them to wheelchairs.” [Today Show, NBC, 6/16/13] |
| VO: Greg Abbott. He’s not for you.SUPER: Greg Abbott. He’s not for you. |
