Monthly Archives: October 2013


BERTSCH AND HEWES OBTAIN DISMISSAL IN ALLEGED PRODUCT DEFECT CASE

Partner James Bertsch and associate Todd Hewes successfully obtained the dismissal of their client in a recent products liability case.  They represented an out of state bar stool manufacturer in a case pending in Dallas County.  Plaintiff fell off of the stool he was sitting on while at a home improvement store and asserted a case against the manufacturer. After the case was investigated and a limited amount of discovery was conducted, attorneys Bertsch and Hewes filed a motion for summary judgment and prior to the hearing, Plaintiff agreed to dismiss his claims against our client. 

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GROCERY STORE HAS NO LIABILITY FOR SLIP AND FALL

Associate attorney Heather Bocell obtained summary judgment in favor of a grocery store in a premises liability lawsuit pending in Tarrant County. Plaintiff claimed that she slipped and fell on a large spill of soda, resulting in significant injuries to her knees, back and shoulders. Plaintiff argued that the grocery store should have discovered the spill because an employee had been in the area one minute prior to the Plaintiff’s fall. However, the trial court disagreed and determined that such facts in and of itself did not establish that the store had constructive notice of the soda on the floor prior to the time of the slip and fall.

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SEVERE HEAD INJURY CASE SUCCESSFULLY RESOLVED

Partner Wayne Gordon and associates Amie Fordan and Andrew Johnson recently obtained a summary judgment on a premises liability case involving a severe head injury  in Dallas County. The motion wasbased on no”unreasonably dangerous” condition as a matter of law and no “foreseeability” as a matter of law. The case involved a pedestrian-vehicle accident in a parking lot and the allegation was that the parking lot configuration created an obstruction for vehicles entering the parking lot which constituted an unreasonably dangerous condition which contributed to the accident and severe injury to the plaintiff.

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BERTSCH NEGOTIATES ANOTHER SUCCESSFUL MEDIATION

After being appointed as the mediator by Judge Cortez of the 44th District Court in Dallas, James Bertsch successfully helped the corporate parties resolve a commercial breach of contract lawsuit involving a commercial real estate loan.  

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APARTMENT COMPLEXES WELL DEFENDED

Partner Mike Tanner and associate Matt Foust achieved a take nothing verdict in favor of their client, the owner of an apartment complex.  Plaintiff alleged personal injuries and damages arising out of an infestation of bed bugs.  In a separate case, Partner Mike Tanner and associate Amie Fordan successfully overturned a default judgment.  Tanner and Fordan represented owners of an apartment complex in this premises liability personal injury case.

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