Bastrop News

Tuck & Kizer to file additional lawsuit related to 2011 fire

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A local law firm is alerting those who had property loss during the 2011 Bastrop Complex fires that there is one last chance to seek recovery.

Joe Grady Tuck and Robert Kizer, (partners) with Tuck & Kizer Law Group, with offices at 906 Main St. and 1128 Hwy 21 E. at FM 1441, have been alerting the public that they are preparing to file a lawsuit against Asplundh Expert Tree Company. Asplundh was the contractor hired by Bluebonnet Electric Cooperative Inc. in the period before the 2011 Bastrop fire for tree and vegetation mitigation.

Tuck said a ruling on March 3 (Tuesday) by the Bastrop County District Court (visiting) judge Terry Flenniken has extended the statute of limitations for persons whose Central Appraisal District land evaluations decreased by 25 percent or more, between 2011 and 2012 (The Bastrop County Complex Fires occurred mainly on September 4-5 for 2011). Basically, the ruling by Judge Flenniken opens the window for property owners whose individual property insurance payments did not cover the true value of their home/property, to obtain compensation more closely aligned to fair market value, Tuck explained.

“Our firm is now representing residents who have suffered property damages in the fire and meet the criteria of the class,” Tuck said. Tuck & Kizer previously represented individual plaintiffs that brought suit against both Asplundh and Bluebonnet Electric. These cases were settled last year, with the Tuck & Kizer clients receiving the largest share of the proceeds. The present litigation will be brought only against Asplundh, Tuck said.

A contract entered into by property owners with Tuck & Kizer Law Group provides that the firm would receive 35 percent of any recovery monies for the planned lawsuit. “If there is no recovery, you will not be responsible for any attorney’s fees, court costs or litigation expenses,” Tuck emphasized.

Tuck & Kizer Law Group have also recently opened a second office in the fire zone, at 1128 Hwy 21 E. The redesigned office, in the fire zones, occupies the space that was formerly the VFW post at the intersection of Hwy. 21 East and FM 1444.

“Let us help you in this last chance to seek recovery from Asplundh Tree Expert Company only,” Tuck said. He said those affected property owners should contact the firm – the sooner the better – in order to be part of the suit. (Call 512-321-4944 for the Main St. office; and 512-581-4100 for the office on Hwy. 21 East. Emails are and

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