SPRING 2003 RECENT SUCCESSES:

GERALD LOTZER and ROBERT FUGATE obtained an APPELLATE VICTORY in Landrum v. Thunderbird Speedway, Inc.; in the FIFTH DISTRICT COURT OF APPEALS in DALLAS; Cause No. 05-02-00458-CV. In this wrongful death case, the decedent was killed by a wheel which separated from a race car. FHM obtained a summary judgment for Thunderbird Speedway, Inc. because the corporation was dissolved before the accident and, therefore, could not be liable. The Dallas court of appeals affirmed the grant of summary judgment in a published opinion.

JOSH KUTCHIN obtained an early summary judgment on behalf of the City of Denton and two of its paramedics, in a negligence case involving a patient who died following a severe allergic reaction to multiple bee stings. The summary judgment, on all issues, was granted by retired judge Phillip Vick in Morris, et. al., v. The City of Denton, et. al., Cause No. 2001-30138-211 in the 211th District Court of DENTON COUNTY, Texas. The Defendants argued that the claims were barred by the doctrine of governmental immunity, buttressed by some recent favorable case law, and also that the plaintiff had produced "no evidence" to support any allegation that would have potentially rendered inapplicable the immunity defense.

RON IHLE obtained a summary judgment in the 353rd district court in TRAVIS COUNTY. The plaintiff insurer filed a subrogation suit to recover more than $60,000 paid in workers compensation benefits. The plaintiff originally filed the case in arbitration. After a hearing, the arbitration panel awarded the plaintiff nothing. The plaintiff then filed suit in district court, but the Court granted FHM’s motion for summary judgment.

GEORGE L. LANKFORD and DON D. MARTINSON obtained a transfer of venue of a large environmental insurance coverage case from a BEAUMONT district court to HOUSTON district court in Kellogg Brown & Root v. AIU Insurance Co., et al. , in the 172nd District Court of Jefferson County, Texas, before Judge Donald J. Floyd. Kellogg Brown & Root sued over 100 insurers for liability coverage of over 42,259 asbestos related bodily injury claims. Kellogg Brown & Root is a subsidiary of Halliburton.

ROBERT FUGATE co-authored an article on recent decisions from the federal Fifth Circuit Court of Appeals. The article was published in the Winter 2003 edition of The Appellate Advocate, a publication of the State Bar of Texas. Robert’s practice at FHM focuses on preparing and arguing civil appeals.

AMOS PETTIS obtained a DEFENSE VERDICT in Roy Wilcox v. Gilbert Castro, Justice of the Peace Court, HUNT COUNTY, before Judge Erwin. FHM's client turned left in front of the Plaintiff in Greenville, Texas, causing a motor vehicle accident. The sun was shining in FHM’s client’s eyes, and liability was stipulated. FHM successfully excluded the Plaintiff's proffered evidence and obtained a take nothing verdict on Plaintiff’s bodily injury claims.

AMOS PETTIS obtained a DIRECTED VERDICT at trial in Munir Ahmad v. Lora Flewelling, Justice of the Peace Court, DALLAS COUNTY, before Judge Gerry Cooper. Plaintiff filed suit after driving his car into the open door of our clients parked car as she was exiting the vehicle. FHM established there was no negligence on the part of our client.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © by Fanning Harper & Martinson P.C.. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.