Monthly Archives: May 2012

Meg Johnson recently attended the 27th Annual National Conference on Equine Law in Lexington, KY.  A highlight of the 2012 conference included a discussion of the recent Texas Supreme Court decision in Lofton v. Lee, which essentially expanded the definition of inherent risk as it relates to cases involving equine activities in Texas. Plaintiff Lee filed a lawsuit alleging personal injuries resulting from a fall during a trail ride.  She alleged that the guide was negligent in leading the ride through an overgrown trail on which her rented horse bolted after becoming entangled in a vine.  Lofton v. Lee, 341 S.W.3d 352 (Tex. 2011).  In an extensive analysis of the Texas Equine Activity Limitation of Liability Act (re-named the Texas Farm Animal Limitation of Liability Act as of June 2011) the Court of Appeals determined that inherent risk, as it applies to a trial ride, is an issue of fact, and that summary judgment was not appropriate.  On review, the Texas Supreme Court reversed the Court of Appeals and held that “inherent risk” should be … Continue reading →

Partner, Darrell Calvin, and associate, Tarin Holcomb, recently negotiated a very favorable settlement on behalf of the client, a commercial property owner of a Houston apartment complex, in a wrongful death suit filed by the family of a 37 year old woman who drowned in the swimming pool at the complex. Although Plaintiffs alleged numerous negligent acts, the primary allegation centered around the lack of a lifeguard, non-functioning emergency phone at the pool, and malfunctioning gates at the complex which delayed emergency personnel from getting to the victim in a timely manner. These allegations were vigorously denied by the complex and through the hard work and diligence of Calvin and Holcomb, significant evidence was uncovered and developed to refute the allegations. As a result, when the case approached trial, the family accepted a settlement well below six figures rather than risk a no liability finding by the jury.