VOL 9 No. 9
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FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, MARCH 2, 2016
P. O.BOX 623, SUGAR LAND, TX 77487-0623
Official newspaper of Fort Bend County, Missouri City & Sugar Land
Controversy clouds county’s claim against family of deputy killed on duty By SESHADRI KUMAR Conflicting statements, claims and counterclaims are clouding the litigation in the payment of compensation to the family of Fort Bend County Deputy J.D. Norsworthy. John Norsworthy was fatally injured on Dec. 27, 2010 when he swerved to avoid road debris on FM 762, that had fallen from a flatbed truck. Norsworthy was responding to a call to assist another deputy. He swerved because of the debris, went off the road, hit a tree. He died from the injuries on Jan. 4, 2011. Subsequently, Fort Bend County, under the workers’ compensation plan has paid about $173,000 in medical claims and about $121,000 in death benefits to the family including Norsworthy’s widow Melissa, son Jacob and daughter Katlyn. Further, the county continues to pay the benefit at the rate of $383 per week to Melissa and $191.50 each to the son and daughter. Recently, the county filed a petition intervening in the lawsuit filed by Jacob Norsworthy, seeking to recover about $300,000 the county had paid to the family. The county had to file the lawsuit against the family and their attorneys to enforce its subrogation claim, which means that whenever the family received a settlement from a third party, the county’s payments should be reimbursed. The intention of the County in this case, and any other subrogation case, is only to recover the portion of its payouts provided by worker’s comp from the third party deemed responsible, according to County Judge Bob Hebert. Fort Bend County has a statutory responsibility to be reimbursed from the responsible third parties for the tax payer money paid to beneficiaries.
These responsibilities are established by Texas law as an obligation on claimants, beneficiaries, responsible third parties and their attorneys to protect the County’s right to reimbursement, rather than allow any double recovery by beneficiaries, Hebert said. The attorney for a family member notified the County of a possible settlement in a lawsuit against a third party and asked what amount would be owed to the County under its statutory lien rights. Prior to that notification, the County was not aware of any settlement a beneficiary made with any responsible third party. “Our intervention is an attempt to seek reimbursement of our tax payers’ cost from the party that caused the accident. “First responders are the lifeline of the community, spending days and nights protecting the lives and property of its citizens. “The loss of a deputy in the line of duty is a great loss to the county, its citizens and more importantly, their families. “In this case the county is looking to responsible parties for reimbursement of benefits paid to the family. “Given the deep respect I hold for all county employees, and especially our law enforcement officers and other first responders, I am distressed that our action is being styled by some as an attempt to take money that rightfully belongs to widows and orphans. Nothing could be further from the truth,” Hebert said. “The timing of notice that negotiations were underway and the very short fuse given by the court to enter a pleading required the unusual step of naming the beneficiaries as well as the plaintiff’s attorneys and the responsible third party. Our goal, as stated above, remains to be reimbursed by the responsible third party,” Hebert said. The Fort Bend County Depu-
ty Sheriff’s Association (FBCDSA) in a statement said, “We at the FBCDSA recognize the fine line that is often traversed during a legal battle where money is at stake. “The FBCDSA also understands that Fort Bend County may hold certain legal rights to attempt to regain monies spent in this case. Unfortunately, however, this case involves the death of a father, son, husband, brother, and friend to many of us. Nothing will bring JD back to patrol another shift, tell another joke, or hug another kid in need of his comfort,” association president Ben Simpson said. Simpson said, “By targeting JD’s family, rather than the culpable company at the time of settlement from whom the family received compensation, Fort Bend County is sending a message to all its law enforcement officers. “The FBCDSA appreciates Fort Bend County attempting to be fiscally minded, but we believe this approach serves as a very poor recruiting message for future county employees, more especially law enforcement officers” Simpson said. Attorney Amy Mitchell of the lawfirm Mitchell & Duff, representing Melissa and Katlyn, said “they are devastated. They are horrified that the County has sued them. This absolutely is not the correct action. If anything, the county had already intervened in Jacob’s suit. Jacob filed for wrongful death and survival. While I believe all of the County’s claims are time barred, there was no reason to bring JD Norsworthy’s widow and daughter into Jacob’s law suit.” Wrongful death (the family’s claims for the loss), survival (the deceased person’s claims for damages up til the time of death) and bystander claims
Legacy Ford sponsors AccessHealth’s Annual Community Challenge
Ron Ewer, left, Carol Edwards & Patrick Sexton Legacy Ford has stepped up include kickball in addition to AccessHealth meets otherwise as a “Grand Slam” Sponsor of softball and volleyball. Attrac- unmet health care needs, offering the 2016 Community Challenge tions will also include food trucks, continuity of care throughout all Tournament to be held Saturday, raffles and children’s activities. life cycle stages. AccessHealth serves patients at Event proceeds will help provide April 9. The Community Challenge health care to families and in- four clinics – in Richmond, StafTournament, hosted by Ac- dividuals who would otherwise ford, Missouri City and BrookcessHealth, will be a fun-filled likely go without the medical care shire. Ninety-nine percent of Acfamily event held at Missouri that they need. Other “Grand Slam” Sponsors cessHealth’s patients have a famCity’s Community Park – 1700 Glenn Lakes Lane, from 8 a.m. include OakBend Medical Center, ily income at or below 200% of to 8 p.m. “We are proud to once Houston Methodist Sugar Land the federal poverty level. Acagain sponsor AccessHealth’s and the City of Missouri City. The cessHealth is a United Way agenCommunity Challenge Tourna- Johnson Development Corp. is a cy. ment,” said Legacy Ford General “Dugout” Sponsor. For information on becoming AccessHealth is a private, not- a Community Challenge sponsor, Manager Patrick Sexton. “Legacy Ford has been involved as a spon- for-profit organization providing or to register a softball, volleysor of this event since its incep- primary health care services for ball or kickball team to compete tion, and we are looking forward the low-income and uninsured in in the tournament, contact ShaFort Bend and Waller Counties. ronda DeBose at (281) 633-3144 to another great tournament!” This year the tournament will Serving a vulnerable population, or sdebose@myaccesshealth.org.
H-E-B Excellence in Education Award
What she thought would be a typical school day – allowing her time to teach math lessons, applaud students for correct answers and enjoy a working lunch – turned into a day of surprises for Michelle NelsonArcher, who was greeted by a “prize patrol” on Wednesday, Feb. 24. The Sartartia Middle School math teacher had no idea she was being honored as a finalist for the 2016 H-E-B Excellence in Education Awards. See story on Page 3.
See LAWSUIT, Page 3
Commuter rail plan resurfaces By BARBARA FULENWIDER Commuter rail down U.S. 90A has been languishing for some time but at least three highly involved public leaders believe now is their best shot at seeing it happen. Missouri City Mayor Allen Owen and Stafford Mayor Leonard Scarcella have spent more than 14 years working to get commuter rail on track to their towns and so has Stafford Councilman Cecil Willis. The councilman feels so confident that now is the time to go from push to shove that he made it one of the goals for Stafford this year. While few advances were made this past year, Scarcella and Willis feel this is the time and the year. “Maybe it’s just
feelings but the stars are aligned now where they haven’t been in a long time,” Scarcella said. “I think the political forces that need to be in play and haven’t been since 2004 can make a difference.” He believes they are because Houston’s new mayor, “Sylvester Turner, and those around him are all big commuter rail advocates.” Even though Union Pacific (UP) is talking about building a third track down 90A, according to Scarcella, he said, “Turner and the people who supported him are going to be encouraging UP to be receptive to this and try to be accommodating and work with them.” Recently 14 people, including Scarcella, met to discuss
90A commuter rail and all were advocates. “Turner will appoint people to the Metro board that he’s sure will support the 90A rail corridor,” Scarcella said. U.S. Rep. “Al Green has been a mover on this and he is a big supporter of Sylvester Turner. Rep. John Culberson is also in a strong position now and wants to be sure any federal funds to Metro will be for U.S. 90A commuter rail,” the Stafford mayor said. Another proponent is the current U.S. Transportation Secretary Anthony Foxx, who has heard the plans for rail down 90A, and said, “just get me something,” according to Scarcella.
See RAIL, Page 6