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Opinions/Verdicts

  1. Cause No. 96-59549; Steven A. Wolfson, et al vs. BIC Corporation; In the 269th Judicial District Court of Harris County, Texas, -- Mr. Wolfson came home to find his wife lying dead on the kitchen floor with all of her clothes burned off of her body and a partially melted BIC lighter nearby. The firm defended BIC and, after extensive discovery, filed Motions for Summary Judgment and motions challenging the expert testimony against BIC. BIC's Motions were granted with the result that BIC was fully discharged by the Court, paying no money to the Plaintiffs.

  2. Cause No. 164487-V; Carol Turner, et al vs. Lely Development Corp., et al.; In the 146th Judicial District Court of Bell County, Texas -- This was a multiple death railroad crossing case in which the firm defended Lely Development, the owner of the private railroad crossing where the double death occurred. It was alleged that Lely was negligent in failing to have proper warning devices and for failing to have the track cleared in such a way as to permit a clear view of oncoming trains. Following an aggressive deposition of Plaintiffs' "railroad/railway" expert, the firm appeared for trial at the appointed time whereupon the families of the two deceased people agreed to settle for a total amount of $1,799.92. The firm subsequently successfully defended a contractual indemnity claim from a co-defendant.

  3. Cause No. 98-48824; Abdul Rahman U. Andang v. Najmuddin K. Karimjee, M.D., et al.; In the 11th Judicial District Court of Harris County, Texas -- This case involved a small commercial dispute between A.R. Andang and N. K. Karimjee. After a trial involving principally the intent of the contract and forensic accounting, the jury returned a verdict in favor of the firm's client in the amount of $44,700.00.

  4. Cause No. 98-614000; Estate of Evangelina Zamora Avila, et al. vs. Cy-Fair Voluntary Fire Department, et al; In the 189th Judicial District Court of Harris County, Texas -- In this multi-party wrongful death case, the firm's client, CyFair Volunteer Fire Dept., transported Ms. Rodriguez from a small medical/surgical clinic to CyFair Hospital. While in route, Ms. Rodriguez went into cardiac arrest and the onboard Emergency Medical Technician was unable to operate the defibrillator and resuscitate Ms. Rodriguez. Following extensive discovery and aggressive depositions of Plaintiffs' experts, a Motion for Summary Judgment was filed as to the firm's client and granted by the Court with the result that the client paid nothing and was discharged entirely from the case.

  5. Cause No. 1999-28656; All-Tex Roofing, Inc. vs. Greenwood Insurance Group, Inc., et al.; In the 152nd Judicial District Court of Harris County, Texas -- The firm's client, M. D. Jensvold & Co., Inc., was sued by one of his former clients for breach of contract in securing insurance for the former client. Jensvold was sued because the insurance company he placed his former client with became insolvent and the client did not have insurance when it was sued successfully for $1,500,000.00 by an injured worker. Following investigation and discovery, it was learned that Jensvold's former client had taken inconsistent positions in the earlier lawsuit in which it lost $1,500,000.00, and by using the inconsistent positions against the former client, the firm obtained summary judgment for M. D. Jensvold & Co., Inc. with the result that M. D. Jensvold & Co., Inc. will pay nothing in this lawsuit.

  6. No. 04-97-00179-CV; Trial Court Case No. 9609; Traylor Brothers, Inc. v. Simona R. Garcia, et al.; In the Court of Appeals for the Fourth Judicial District of Texas at San Antonio -- This case is at the end stages of the appellate process, following a lengthy trial in the most liberal, plaintiff-oriented county in Texas. McKinney was assigned this case 90 days out from trial when a major Texas firm seemed reluctant to go to trial and, instead, aggressively counseled the client to settle. McKinney accepted the trial assignment, with full knowledge that the liberal jury would return a multi-million dollar verdict. It was McKinney's assignment to reverse and render the jury's verdict on appeal, if at all possible. Cooper, while an associate with McKinney at another law firm, handled the majority of the appellate court briefing, and since forming their own law firm, a decision was issued by the San Antonio Court of Appeals, sitting en banc, which reversed and rendered judgment in favor of the firm's client. The Supreme Court of Texas denied the appellees' petition for review.

  7. No. 99-12081; Relinda Sue Estes v. Andrew Lee Petty, et al; In the 334th District Court of Harris County, Texas -- This was a difficult case going in, and the fact of this difficulty was well understood by the client. The client ran a red light, striking a school bus loaded with children and giving the school bus driver a herniated disc and a concussion with closed head injury. The client was a volunteer fireman responding to an apparent emergency, and the hope was that a jury could be persuaded that, notwithstanding running a red light at 65 mph, the apparent emergency excused the volunteer fireman's conduct. Unfortunately, the jury did not accept the argument and a verdict was returned for a relatively modest $103,000.00. The case recently settled for $90,000.00 due to appellate points preserved by the firm.

  8. Cause No. 304,258-401; Luisa de la Torre, Individually and As Personal Representative of the Estate of Francisco de la Torre, and Isidro Jesse Banda vs. Tribble & Stephens Co., Postel-Smith, Inc. and Vulcraft Division, Nucor Corporation; In the Probate Court No. Two of Harris County, Texas -- This matter involved the death of a worker during the construction of the Edwards Cinema located on Weslayan in Houston, Texas. Tribble & Stephens, the general contractor, was defended by the firm and sued for negligently permitting various allegedly dangerous activities to occur on the premises resulting in the death of Francisco de la Torre. The firm successfully sued other parties on behalf of Tribble & Stephens and arranged for a settlement to the decedent's family of $1.7 million dollars, of which Tribble & Stephens and its insurance carrier paid -0- dollars. This is known in personal injury litigation as "risk transfer."

  9. Cause No. 97-52347; Abram Salinas v. Borden, Inc., et al.; In the 133rd Judicial District Court of Harris County, Texas -- The firm was privileged to represent Borden, Inc. in a case where a milk truck and a small foreign vehicle collided at an intersection where differing witnesses gave differing parties the green light. Abram Salinas was so badly injured at the scene that the police officer suspected he would die and therefore did not issue him a citation. Salinas recovered, more or less, and was able to go to trial. His medical expenses alone were over $110,000.00. After 3 hours of deliberation, the jury returned a verdict that Salinas ran the red light and was therefore 100% guilty of negligence. Judgment has been entered completely discharging Borden, Inc.

  10. Cause No. 98-35120; Erickson Transport Corporation v. Houston Chemical Distributors, L.L.C.; In the 152nd Judicial District Court of Harris County, Texas -- This was a commercial dispute in which the firm's client, Erickson Transport Corporation, had a 4-year, non-cancelable trucking contract with Houston Chemical Distributors. Approximately one year into the contract, Houston Chemical canceled the agreement claiming various and sundry breaches and defects in performance by Erickson Transport. Following a 6-day trial, judgment was rendered that none of Houston Chemical's reasons for canceling the contract were valid. The firm's client was awarded a judgment of $739,000.00.

  11. Cause No. 2000-36842; Daniel Swanson vs. GLE Enterprises, Inc., et al.; In the 113th Judicial District Court of Harris County, Texas - In this commercial dispute by a terminated, disgruntled former employee who claimed an ownership interest in a business sold by his former employer, McKinney was hired two weeks prior to trial as lead trial counsel for the defendant employer. The case, involving some $280,000 in exposure, had been defended by a young attorney and friend of the family who remained as co-counsel. Trial was to the court and judgment was rendered for the defendant.

  12. Cause No. 1999-25394; Barrie Brooks Jackson, Jr. vs. Milton E. Richards, et al.; In the 127th Judicial District Court of Harris County, Texas - this case perfectly illustrates perfectly how an unreasonable claimant and an intemperate judge can force an institutional defendant to win a case in spite of its every effort to buy its peace. The firm's client, GE Capital, paid a minor, through his court-appointed Managing Conservator, some $31,000 in annuity benefits (the minor was the beneficiary under the annuities). Although the better practice is to tender a minor's funds into the Court's registry when no Guardian of the Estate is appointed, the payment was nonetheless proper. The minor-now-adult later sued GE Capital, claiming the Managing Conservator misappropriated the money. Despite the propriety of its payment, and largely in view of the anticipated cost of defense, the client made every reasonable effort to settle the case. Kelley Hammond was lead counsel in discovery and co-lead at trial. In discovery, Ms. Hammond established, in addition to the validity of the client's payment, that the minor actually received the annuity benefits after reaching his majority. The minor-now-adult plaintiff inexplicably refused to settle and the judge, for reasons no person could ever understand, granted a series of summary judgments and directed verdicts against GE Capital and its co-defendant Bank One to the end that the only issue for the jury was the minor-now-adult's attorney's fees. Hammond and McKinney were successful in reducing the attorney's fee claim by nearly half and the balance of the case will be won on appeal.

  13. Cause No. 9763; Judy Squier v. Shepherd EMS; In the 411th Judicial District Court of San Jacinto County, Texas - This wrongful death case arose out of Shephard EMS being temporarily understaffed and unable to respond to a cardiac incident in its service area. Marc Squier, decendent, died while in route to a hospital in a private auto. Attacking causation and raising other affirmative defenses, the firm obtained a summary judgment for its client. The matter is now on appeal.

  14. Cause No. 2000-28357; Estate of Amelia Ruth Patterson vs. North Channel EMS, Inc.; In the District Court of Harris County, Texas, 127th Judicial District - Amelia Patterson died of multiple causes, including possible drug and alcohol abuse. Her estate sued North Channel EMS alleging a failure to properly render care at Ms. Patterson's home and a failure to transport her to an appropriate treatment facility. The firm obtained summary judgment for North Channel based on statutory immunities and the absence of evidence of negligence.

  15. Cause No. 146,365-A; Travelers Casualty & Surety Company, formerly d/b/a The Aetna Casualty & Surety Company vs. United States Fidelity & Guaranty Company; In the 30th Judicial District Court of Wichita County, Texas -- In this subrogation case, Travelers alleged its insured was an additional insured under a policy of insurance issued by USF&G. A demand for defense and indemnity in the underlying litigation was made. Not only did Ms. Cooper obtain summary judgment in her client's favor on the coverage issues, she obtained an award of attorney's fees as well.


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