Fall 2004 News and Success Stories

DEAN FOSTER won a DEFENSE VERDICT on behalf of Fiesta Mart in a case filed in Dallas County JP Court.   The plaintiff alleged he was injured by a foreign object contained within a package of hamburger meat purchased at a Fiesta Mart.   Because plaintiff could not prove the object was in the meat at the time of purchase the court granted a verdict in favor of the Defendant.   

NELLIE HOOPER won an unemployment benefits appeal before the Texas Workforce Commission for our client against an employee who had been terminated for suspicion of theft. 

Stephanie Ingalls v. American Recreational Markets; Appeal of Texas Workforce Commission Tribunal decision to pay unemployment benefits to terminated employee; Appeal No. 545006-1; On appeal, the TWC held that the employee was terminated for misconduct and was disqualified to receive unemployment benefits.

AMOS PETTIS obtained a DIRECTED VERDICT in Sherrie Lowe v. Unitrin Specialty Lines Insurance Company, 134th DISTRICT COURT, DALLAS COUNTY, before Judge Anne Ashby.  The Plaintiff alleged she was involved in a hit-and-run rear-end collision and sustained bodily injuries.  She then filed suit against Unitrin SLI seeking $10 million for breach of contract, bad faith, and various extra-contractual duties when she was dissatisfied with Unitrin SLI's initial offer under her uninsured motorist policy.  The court granted a directed verdict after the Plaintiff rested as Amos successfully argued that the Plaintiff had no evidence to support her claims.

TOM BRANDT and JOHN ROEHM obtained a SUMMARY JUDGMENT in the Poteet v. Chin, et. al. case.  The Poteet case involves a civil standby conducted by the Flower Mound Police Department.  This procedure is to provide protection to a victim of family violence. The Police Department was requested by the ex-fiancé of Phillip Poteet to conduct a civil standby so that she could return to the house she and Mr. Poteet lived in for 18 months to remove her personal property.  Two police officers conducted the civil standby.  The ex-fiancé had her parents and several friends with her to assist her at the civil standby.  Mr. Poteet sued everyone at the civil standby.  Mr. Poteet alleged that the two officers violated his constitutional rights at the civil standby-unreasonable search and seizure and deprivation of liberty/property rights without due process of law.  FHM filed a motion for summary judgment for the two officers on the basis of qualified immunity, which was granted by the Court. Mr. Poteet has amended his lawsuit to include the Town of Flower Mound and the officer who authorized the civil standby.  Motions for summary judgment have been prepared for them. 

TOM BRANDT, STEPHEN HENNINGER, and ROBERT FUGATE obtained an APPELLATE VICTORY before the DALLAS COURT OF APPEALS in Hunt County v. Dallas, Garland & Northeastern Railroad.   The Railroad brought suit against the County contending that the County’s road maintenance activities caused a train derailment.   The trial court denied the County’s plea to the jurisdiction based on governmental immunity.  The Dallas Court of Appeals reversed, in part, and found that the County was immune from the Railroad’s nuisance claims and was not liable for damages to the derailed train under the Railroad’s negligence claim. 

MARK J. DYER and ROBERT FUGATE obtained an APPELLATE VICTORY before the SAN ANTONIO COURT OF APPEALS in Willowbrook Foods, Inc. et al v. Grinnell Corporation, et al. FHM represented Badger Fire Protection, Inc. in this products liability suit.   The commercial litigation case involved a multi-million dollar fire damage claim.  The fire originated in a commercial turkey fryer.  The trial court granted summary judgment in favor of FHM’s client and the San Antonio Court of Appeals affirmed.

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