Monthly Archives: February 2013


JURY AGREES WARNINGS WERE ADEQUATE

In December 2012, Partner Bart Ridley and Associate Tiffany Cravey obtained a total defense verdict from a jury in Navarro County, Texas, in favor of a retail grocery store.    This premises liability case arose from a slip and fall that occurred after a refrigeration drain became clogged causing a significant amount of water to accumulate on the sales floor of the store. Plaintiff asserted that the lack of adequate warnings about the water caused her to fall and suffer injury. Plaintiff, an employee of the local candy factory, claimed an aggravation of a previous cervical fusion surgery, and on-going problems with severe headaches, and sought the recovery of damages for medical expenses, pain and suffering, mental anguish and lost wages. The jury found Plaintiff solely responsible for the fall, and refused to award any monetary damages.

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NO PAY DIRT

Partners Wayne Gordon and James Bertsch obtained a dismissal of a dirt subcontractor in a large dollar construction defect arbitration proceeding. Gordon and Bertsch, after all discovery had been completed, including all designated experts, filed a Motion for Summary Judgment and a Motion to Exclude Certain Expert Testimony, challenging the reliability of certain expert opinions.  The Touchstone partners were successful in convincing the general contractor to voluntarily dismiss its joinder of the dirt subcontractor shortly before the arbitration was to begin.  Gordon and Bertsch have successfully handled numerous large dollar construction defect claims, both in arbitration proceedings and suits, and have represented the interests of owners and developers, design professionals, general contractors, and subcontractors in these disputes.

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TWO DAYS OF TRIAL CONVINCE PLAINTIFF THAT PRE-TRIAL OFFER REALLY WAS FAIR

After two days of trial, partner Rocky Feemster and associates Meg Johnson and Marc Tolliver obtained a favorable settlement on behalf of their client, a local sod delivery company, in an accident case arising out of a 2010 weather related rear-end collision. Plaintiff originally brought claims of negligence, gross negligence, negligent entrustment, and negligent hiring/retention, and claimed damages relating to abdominal surgery, and a claimed exacerbation of a previous traumatic brain injury. The Plaintiff had been involved in an earlier accident which had caused a TBI, and claimed that the subject accident, approximately 4 years later, worsened his memory and concentration problems. Additionally, he had an abdominal surgery for a cecal volvulus (strangulated bowel) approximately 9 weeks following the subject accident, and claimed a correlation between the two. Mediation had failed in March 2012, with the parties substantially apart in valuation. The Dallas County jury heard testimony from the Plaintiff, company driver, investigating officer and Plaintiff’s treating surgeon. Defendant vigorously denied liability, causation and damages, and two days into a trial which was anticipated to … Continue reading

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