CHAMBERLAIN♦MCHANEY SCORES ANOTHER VICTORY IN A PRODUCTS LIABILITY DEATH CASE: The plaintiff’s daughter suffered fatal injuries when the car she was driving was struck by a pick-up truck equipped with an after market front bumper replacement, commonly known as a “brush guard.” Plaintiff brought a products liability suit against our client (the brush guard manufacturer), alleging that the brush guard was defectively designed in that it made the pick-up “overly stiff” and less crashworthy (since it negated the pick-up’s front end crumple zones). We filed a summary judgment motion, rebutting each claim and argued that the plaintiff had not produced any reliable evidence that the brush guard was defectively designed. The court agreed and granted summary judgment. David Chamberlain and Dennis Postiglione handled the case for the firm. Leek v Kaspar Ranchhand, Inc. (May 8, 2009, Parker County, Texas).
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LEGISLATIVE UPDATE: Texas has no state income tax, but does impose an “occupation tax” on some select occupations. For example, each Texas lawyer pays an annual occupation tax. Now, facing a state budget crunch, a “stripper tax” bill has been proposed in the legislature which would impose an occupation tax on each exotic dancer. But the bill has run into opposition from the late-night entertainment folks. Under intense pressure from the lobby, and who knows what else, the legislature appears to be ready to retreat and instead impose a “voluntary tax” on “gentlemen’s clubs.” We do not make this stuff up.
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DEFENSE TAKES BITE OUT OF PLAINTIFF’S CLAIM: Chamberlain♦McHaney successfully defended a couple of pet owners whose German Shepherd bit a 13-year old boy in the face when the boy approached the dog in its kennel. The boy’s mother filed suit, alleging negligence and significant damages. After discovery, we filed a motion for summary judgment contending there was no evidence that our clients knew or should have known of the dog’s allegedly dangerous propensities as the dog had never previously bitten or attacked anyone. However, just prior to the hearing, the plaintiff amended her suit to include a claim of general negligence requiring us to file a second motion. The court granted the second motion agreeing there was no evidence that the dog owners were negligent in handling their dog or in failing to instruct the boy’s father and stepmother on how to control the dog while the boy’s father kept the dog over a weekend. Gordon McHaney and Dick Ellis handled this matter for the firm. Mary Gustafson, Individually and as Next Friend of Andrew Gustafson, a Minor v. Brian Whipple and Wendy LaBarra (May 13, 2009, Williamson County, Texas).
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On May 7, David Chamberlain was elected Secretary of the Austin Bar Association. The Austin Bar has over 4,000 lawyer members.
Ranelle Meroney has been tapped by both the University of Houston Law School and the State Bar of Texas to speak in three Texas cities on critical case law and legislative developments affecting coverage under the Texas Standard Automobile Policy. Ranelle is board certified in personal injury trial law and is a member of the invitation-only American Board of Trial Advocates.
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FROM THE TEXAS UPDATE! MAILBAG:
Dear Tx/Up: Now that U. S. Supreme Court Justice David Souter plans to retire, what’s he going to do all day? Just wondering, Howard C., Dallas, Texas.
Dear Howard: We predict he will sit around in a robe all day and act judgmental. He has experience, you know.
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SUMMARY JUDGMENT MOTIONS RESULT IN DISMISSAL AND NON-SUIT IN TWO RELATED CASES: In May of 2006, a central Texas storm with winds of over 75 mph blew the roof vents off of a newly constructed warehouse that was used for storing expensive computer component parts, causing water damage to the inventory. In two separate cases, the parts owners filed suit against the storage company leasing the warehouse, numerous purported owners of the warehouse, and the roof vent installers, seeking hundreds of thousands of dollars in damages. We filed a summary judgment motion in both cases, contending our client had no effective control over the warehouse nor a duty to maintain it. Prior to the hearings on the summary judgment motions, the plaintiffs dismissed all claims against our client. David Chamberlain and Erin Westendorf handled the defense. Lite-On, Inc v APL, Inc (April 29, 2009, Travis County, Texas).
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We will cover all the notable 2009 cases and new legislation at our full day, fully accredited 2009 Ultimate Claims Handling Seminar on October 16, 2009 at CityPlace Conference Center in Dallas, Texas. Save the date.