The legal controversy surrounding the polygamist sect in Eldorado, Texas continues to swirl with new allegations. Tx/Up! has just learned through its confidential sources that lawyers are now planning a class action against the hairdressers of female sect members alleging that they have been subjected to perennial bad hair.
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CHAMBERLAIN . MCHANEY SCORES MAJOR APPELLATE VICTORY IN PREMISES LIABILITY CASE; CLARIFIES LAW: Winning successive victories in the trial court and the court of appeals, the firm obtained judgment for its client, a prominent Texas homebuilder, against a substantial personal injury claim arising from a construction site accident.
The plaintiff fell from a second floor landing while carrying drywall. He sued the builder for premises liability because there were no guardrails on the landing. On behalf of the builder, the firm argued in a pre-trial dispositive motion that the condition was open and obvious and the builder owed no duty to warn the worker of the dangerous condition. The trial court agreed and dismissed the claims against the builder. The injured plaintiff appealed, asserting that the Texas Supreme Court had abolished the defenses of .open and obvious. and .no duty. in 1978. However, the court of appeals agreed with our client (the builder) that .open and obvious. and .no duty. remain viable defenses. While the 1978 Supreme Court decision relieved the plaintiff of the burden to negate his own knowledge of a dangerous condition, the plaintiff still carries the burden to prove the defendant owed and breached a duty. The appellate court agreed that our client owed no duty because the condition was open and obvious. The appellate court also rejected the worker.s alternative contention that a subjective test is used to determine whether a condition is open and obvious. The court held that the evidence established the condition was objectively open and obvious, even though the worker testified he did not see it. The court of appeals affirmed the judgment of the court that the worker take nothing. David Chamberlain and Tim Poteet handled this case for our firm. Martin v Gehan Homes, (Tex. App.-Austin 2008).
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We will cover this and other notable cases at our full day, fully accredited Ultimate Claims Handling Seminar on October 10, 2008 at CityPlace Conference Center, in Dallas Texas. Registration applications will be sent in August. Mark your calendar now.