During a four day jury trial in February 2014, Partner Bart Ridley and Associate Heather Bocell convinced a jury in Parker County, Texas that multiple large cans of soup that were allegedly stacked improperly and fell from the top shelf of a grocery store display striking a customer were not due to the negligence of the store. The plaintiff customer alleged that the cans struck her head and body resulting in serious life altering injuries, including a traumatic brain injury, and prevented her from continuing her employment as a waitress and ultimately caused the loss of her home. The plaintiff underwent shoulder surgery, and neck surgery following the incident, and claimed that future back surgery and ongoing treatment from a neurologist would also be necessary. The plaintiff also alleged that her spinal injuries caused her to suffer permanent and irreversible urinary incontinence, and in addition to her significant medical expenses incurred, asked the jury to award significant damages for mental anguish, and physical pain and suffering. The grocery store was cleared of all liability.
Partner Wayne Gordon and associate Amie Fordan successfully defended a HOA in a suit for damages in Denton County. The suit was brought by plaintiff against the HOA and several other upstream developers and property owners alleging such upstream developments increased the velocity and flow of water onto plaintiff’s property causing significant flooding, erosion and damage. Plaintiff alleged negligence, water code violations, and trespass, among other liability theories. A Motion for Summary Judgment was filed on behalf of the client and just prior to the scheduled hearing on such Motion, plaintiff non-suited the claim against the client. The statute of limitations has expired so the non-suit was the equivalent of a dismissal with prejudice. Associates Andrew Johnson and Amie Fordan recently obtained a summary judgment on behalf of an HOA and several board members in Dallas County. The plaintiff was a resident in the condominium project in question and filed a slander/defamation suit against the HOA and board members alleging various slanderous and defamatory statements made by the president and board members of the HOA, … Continue reading
Touchstone partner James Bertsch attended the annual Construction Law Conference of the Texas State Bar in San Antonio, Texas on February 26to February 29, 2014. The Construction Law Section of the State Bar of Texas has over 2,500 members consisting of legal professionals from public and private sectors involved in the practice of construction law. Mr. Bertsch has an active practice in construction law and is also developing an active mediation practice for construction law claims and issues, as well as other tort cases. To that end, James also participated in the Texas Association of Mediators Annual Conference on February 20th and 22st in Austin. Please contact James if he can be of service to you at 214-672-8232 or firstname.lastname@example.org.