| Some Recent Victories In January of 2010, I won a victory in a "slip and fall" suit in the Second Court of Appeals against a governmental entity claiming immunity under the Texas Tort Claims Act. My opponent was represented by the author and speaker at a 2008 seminar entitled Governmental Liability Under the Texas Tort Claims Act. The written opinion and oral arguments in this Case # 02-09-00176-CV are available at: http://www.2ndcoa.courts.state.tx.us/ In December of 2009, I won a victory in a 3 day jury trial Marilyn Fontaine and Jimmy Fontaine v. Perry Lemmons, Cause No. CA-08-011 in the County Court at Law No. 2 of Parker County, Texas. I represented the Defendant, Perry Lemmons. The Rio Brazos Property Owners’ Association hired an attorney and intervened and aligned with the Plaintiffs. Plaintiffs' attorney brought ‘breach of deed restrictions’ and nuisance causes of action. On behalf of the Defendant, I brought counterclaims for malicious civil prosecution and defamation. The jury found no liability on Plaintiffs’ causes of action and found Plaintiffs were liable to my client on my client’s malicious civil prosecution and defamation counterclaims, and awarded actual and exemplary damages to my client totaling $25,000.00. Plaintiffs are appealing the verdict my client won against them, so my client has not received payment on his counterclaims yet. In November of 2009 I negotiated a $63,000.00 settlement, plus attorney fees, for my client in a breach of contract lawsuit (payment is pending post judgment collection proceedings). In July of 2009 I negotiated two substantial settlements for my clients in personal injury claims arising from car wrecks in Dallas County. In June of 2009 I negotiated a substantial settlement for my client on an employment discrimination claim in the U.S. District Court for the Eastern District of Texas (Sherman Division). In May of 2008, I persuaded a MccLennan County court to deny my opponent's motion to exclude my client's expert witness. My predecessor, a lawyer with 29 years' experience, had withdrawn from the case at the last minute because he believed this critical hearing was unwinnable. I ultimately negotiated a very favorable settlement for my client. In May of 2008, I prevailed on a petition for writ of possession and won attorney's fees for my client in a Dallas County court. In June of 2008, I prevailed against a writ of possession in a Dallas County court and stopped the eviction of a local church. In April of 2008, I persuaded a Dallas County court to grant my client a new trial in a case that had been fully litigated to its conclusion and lost by my predecessor. I then brought claims on my client's behalf, and my client ultimately received a settlement that included a monetary payment to my client and dismissal of the previous claims against him. In December 2007, I obtained a summary judgment in my client's favor on a personal injury claim. I have navigated several IRS matters, including audit defenses, to successful resolution. |
