CHAMBERLAIN♦McHANEY SCORES A SUMMARY JUDGMENT FOR BUILDING CONTRACTOR IN CONSTRUCTION CASE: On February 26, 2009, a Travis County district judge granted summary judgment in favor of our client (a building contractor) in a property damage case. The plaintiffs filed suit against their neighboring property owner and its general contractor, claiming that the discharge end of a storm water drain pipe had been completely filled in with debris during construction, leaving storm water nowhere to go but into the Plaintiffs’ backyard and through their home, causing extensive water damage. The defendant general contractor filed a third party petition against yet another neighboring property owner, claiming that it was that third party defendant’s actions while constructing improvements to their home that caused the storm drain to be filled in. Subsequently, the third party defendant home owners filed an action against their own contractor (our client). The trial judge granted our summary judgment motion when we were able to show by conclusive evidence that our client did not fill in the storm drain. The plaintiffs’ case is still pending against the other defendants in the case. David Chamberlain and Erin Westendorf handled the case for the firm. Chan v. Flint Estate Builders.
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Tx/Up! Legal (Off) Beat: As we reported last month, the inventor of something called the “Slanket” has filed a patent infringement suit claiming that the makers of the “Snuggie” stole its idea. Tx/Up! has now learned that a person named Poncho has intervened in the suit.
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CHAMBERLAIN♦McHANEY OBTAINS a SUMMARY JUDGMENT FOR DEVELOPER IN PERSONAL INJURY CASE: Last week, Travis County District Judge Scott Ozmun granted our motion for summary judgment in a personal injury/premises liability case. Plaintiff was seriously injured (essentially clothes-lined) while operating a waverunner on Lake Travis when he struck one of several steel cables anchoring floating marina boat docks to the shore. Our client was the developer and owner of the marina. The plaintiff brought suit against numerous defendants, including parties who designed and constructed the docks, maintained the docks and owned the docks. On behalf of our client, we presented summary judgment evidence and argued that this was a premises case, and not a case of negligence, as there was no proof of contemporaneous negligent activity. Furthermore, we presented summary judgment evidence that the plaintiff was a trespasser, and that the plaintiff had not met his burden of proving that our client injured him willfully, wantonly or through gross negligence, especially in light of plaintiff’s own testimony acknowledging the commonality of steel cables anchoring docks on Lake Travis. David Chamberlain and Erin Westendorf handled the case for the firm. Somoza v. Rough Hollow Yacht Club.