SUMMER 2007 NEWSLETTER

SUCCESSES AND VICTORIES

GEORGE LANKFORD obtained a 12 - 0 jury verdict for the Defendant in Lamson Construction Company v. Evanston Insurance Company, in the 56th District Court, in Galveston, Texas, before Judge Lonnie Cox. The Plaintiff sued under their liability insurance policy for their damaging of a third party's forklift. The carrier denied coverage, and defended fewer than three exclusions: care, custody and control; property occupied; and property loaned. The Plaintiff argued that an ambiguous endorsement deleted the exclusions in their entirety. The court submitted a charge which included an ambiguity question. The Galveston jury took less than an hour and a half to find in favor of the insurance company.

THOMAS BRANDT, ROBERT FUGATE, and JOSHUA SKINNER obtained an appellate victory for the CITY OF ARLINGTON in Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006). The case involved four sexually oriented businesses that challenged the City's sexually oriented business ordinance. The businesses argued the ordinance was an unconstitutional restriction on their "expressive liberties." The Fifth Circuit Court of Appeals disagreed. In a published opinion, the Court held the City's ordinance was constitutional.

THOMAS BRANDT and ROBERT FUGATE obtained an appellate victory for HUNT COUNTY in Dallas, Garland & Northeastern R.R. v. Hunt County, 195 S.W.3d 818 (Tex. App.--Dallas 2006, no pet.) The railroad brought suit against the County, alleging the County was liable for a train derailment. FHM asserted the defense of governmental immunity on behalf of the County. The Dallas Court of Appeals, in a published opinion, affirmed the trial court's grant of summary judgment obtained by FHM in favor of the County.

ROBERT FUGATE has been certified in Civil Appellate Law by the Texas Board of Legal Specialization. Robert obtained certification after completing the State Bar requirements for specialization and passing the State Bar examination in Austin. While at Fanning, Harper & Martinson, Robert has served as counsel on appeals to the Texas Supreme Court, the Federal Fifth Circuit Court of Appeals in New Orleans, and many of the Texas intermediate courts of appeals.

ROBERT FUGATE's article SURVEY OF TEXAS ANIMAL TORTS has been published by the South Texas Law Review. The article is comprehensive and addresses liability theories and defenses for animal attacks (such as dog bites), open range and other liability issues when vehicles collide with livestock on roadways, injuries from equine activities, and standards governing injuries to livestock and pets. The paper was previously presented at the firm's 4th Annual Texas Legal Update for the Claims Professional (2005).

JOSH KUTCHIN tried a commercial trucking case to a favorable verdict in Kaufman County. In a clear-liability rear end collision involving a large commercial vehicle, the plaintiff (a medical technician with a hospital job and a good work history) underwent a lumbar fusion involving approximately $50,000 in bills. The defendant argued that the plaintiff needed to be reasonably and fairly compensated-- but that his attorney just wanted an unreasonable and unfair amount of money. $90,000 had been offered before trial, but the plaintiff's demand never got below $130,000. The jury agreed that the defendant's evaluation was the better one, finding total damages of only $65,000.

AMOS PETTIS obtained a SUMMARY JUDGMENT in Peters v. Universal Transport, Inc. in the 101st District Court in Dallas County before Judge Marty Lowy. Plaintiff rear-ended FH&M's client's tractor-trailer temporarily parked on the access road to I35 after the driver pulled off the Interstate to make a cell phone call. Mr. Pettis successfully argued the Plaintiff driver's own negligence was an intervening and superseding cause of the collision.

AMOS PETTIS obtained a SUMMARY JUDGMENT in Sheffield v. Breckenridge IGA in the 90th District Court in Stephens County before Judge Stephen Crawford. Two intoxicated teenagers drove a pick-up off the road into a tree, killing one boy and injuring the other. The deceased's family sued FH&M's client, the local grocery store, under the Texas Dram Shop Act for allegedly selling the alcohol consumed by the minors. Mr. Pettis successfully argued there was no evidence the grocery store provided any alcohol to the minors causing the fatal accident.

REBECCA RAPER was selected as a Pegasus Scholar for 2007 by the American Inns of Court. As a Pegasus Scholar, Rebecca represented the American Inns of Court by traveling to London, England to learn first-hand about the English legal system. While in England, Rebecca spent a weekend at Cumberland Lodge, a former royal residence at Windsor, for a legal retreat and seminar with English judges and barristers.

BARRY FANNING, GEORGE LANKFORD and ROCKY LITTLE were invited to present a 2-hour continuing education program to guests attending the Insurance Claims Adjusters, Inc. (ICA) annual conference at the Gaylord Resort in April. Their presentation included such topics as Ethical Negotiation and Ethics Concerns for Claims Professionals.

BARRY FANNING and ROBERT FUGATE presented a 2-hour continuing education program at the annual conference of the National Association of Insurance Women of Dallas (the NAIW), held in May at the Royal Oaks Country Club. Presentations included Liability Issues for Voluntary Firefighters and Good Samaritans, Construction Defect Claims Issues and Trucking Verdicts.

AMOS PETTIS and GREG KINSKEY were recently promoted from Associate to Director at FHM, P.C.

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