RECENT NEWS and SUCCESSES:

DON MARTINSON, MARK DYER, and ROBERT FUGATE obtained an APPELLATE VICTORY in Coburn Supply Company, Inc. v. Kohler Co.  A plumbing supply distributor alleged Kohler breached a distributing contract and negligently misrepresented its intentions to terminate the distributor.  A Beaumont jury returned a verdict favorable to the distributor.  On appeal, the Fifth Circuit Court of Appeals held no evidence supported the breach of contract claim and that “Texas law does not recognize a duty to avoid negligent misrepresentations arising from an arms-length, at will relationship.”  Accordingly, the Fifth Circuit reversed and rendered the 2.6 million dollar judgment entered by the Beaumont district court.

MARC FANNING received a favorable ruling from the 191st District Court in a BILL OF REVIEW hearing to set aside a default judgment granted by the Court over four years ago in the case of George Rubio, Rubio Trucking v. Michael Spaulding.     The Court overturned its previous judgment against FHM’s client after Marc demonstrated the personal service indicated on the constable's return never occurred.   The ruling put a stop to the "execution" proceedings, which had already begun. 

Thomas P. Brandt, Stephen Henninger and Nellie Hooper obtained an appellate victory in Choctaw Properties, L.L.C. v. Aledo ISD and Allen Norman 2003 WL 22976196.    In this case, we successfully represented Aledo ISD and its former superintendent, Allen Norman.  The suit arose out of a dispute about whether a new home was located in Aledo ISD or in Granbury ISD.  The real estate developer, Choctaw Properties, sued Aledo ISD and Allen Norman alleging that the Defendants were stopped from claiming that the new home was located in Granbury ISD and alleging that the Defendants breach a contract with Choctaw regarding the location of the new home.  The Court of Appeals in Waco agreed with our arguments and ruled in our favor.

AMOS PETTIS obtained a DEFENSE VERDICT at a jury trial in Adam Stark v. Jeffrey Brown, JUSTICE OF THE PEACE COURT, Prct. 3-2, DALLAS COUNTY, before Judge Sandra Ellis.   FH&M's client rear-ended the plaintiff's car at a red light.   The Plaintiff sued claiming low-back and neck injuries.  Although liability was stipulated, Mr. Pettis successfully argued that the Plaintiff had sustained no damages.

THOMAS BRANDT and AMANDA BIGBEE were granted a MOTION TO DISMISS in Ashley Simpson v. Hood County, et al., in the 355th Judicial District Court in Hood County. 

BARRY FANNING, GERALD LOTZER, and ROBERT FUGATE obtained a SUMMARY JUDGMENT on behalf of McNeilus Truck and Manufacturing, Inc. in a products liability suit.  McNeilus was sued as a third-party defendant, although it did not manufacture the cab or chassis of the allegedly defective truck.  McNeilus obtained a summary judgment in the indemnity suit because the Plaintiff’s allegations did not assert that McNeilus’s front loading garbage packer system caused the fire which destroyed the truck.

GEORGE L. LANKFORD and DON D. MARTINSON obtained SUMMARY JUDGMENT in Chickasha Cotton Oil Co. v. AMICO, et al., in the 196th DISTRICT COURT, Hunt County, before Judge Joe Leonard, against Anderson, Kill & Olick, P.C. This is an insurance coverage and bad faith case for the duty to defend and indemnify the insured cotton gin company from third party bodily injury and property damage suits contending they polluted the environment in Commerce, Texas, with arsenic. The Court held the events were not covered under our client's policy and there was no bad faith liability exposure, but ordered the remaining carriers to trial. The case recently settled the week before trial.

GEORGE L. LANKFORD obtained a PARTIAL SUMMARY JUDGMENT in Wyndham International v. ACE, et al., in the 14th DISTRICT COURT, Dallas County, before Judge Mary Murphy, against Anderson, Kill & Olick, P.C. This is a property insurance coverage dispute concerning alleged business interruption losses suffered by Wyndham's hotels across North America and the Caribbean because of the closure of the air ways by the US government due to the events of 9/11. The Court held there was no coverage under the extensions of coverage section for business interruption losses caused by orders of civil authorities.  

THOMAS BRANDT and STEPHEN HENNINGER obtained a summary judgment dismissing the case Doe v. Slocum ISD and Fred Fulton.   This was a section 1983 and Title IX case in which Plaintiffs sued the school district and the superintendent alleging they were liable for failing to prevent the sexual abuse of their 4 year old son by another student at the school.  FHM received a summary judgment dismissing all claims against all defendants, with the Court finding there was no evidence of any wrongdoing on their part.

THOMAS BRANDT was recognized by State Representative Bill Zedler, District 96, for his dedication and excellent work on behalf of the city of Arlington in the Baby Dolls appeal case in district court.

GEORGE L. LANKFORD was recently appointed Chairman of the Membership Committee for the North Trail District of the Boy Scouts of America. The North Trail District covers North Dallas, Plano, Richardson, Highland Park and Lake Highlands. It includes approximately 5,000 scouts.    GEORGE also received the "Your Extraordinary Service" Award from North Trail District at the annual banquet in January.

BARRY FANNING has been invited to chair the annual Dallas Baptist University banquet in the fall.

FHM’s nurse paralegal, CHERYL FISHER, was recently named President-elect of the Dallas Area Paralegals Association.

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.

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