While we have physically closed our doors in the wake of current events, Hartline Barger is still up and running remotely. Our attorneys and staff have the tools to connect with our clients and colleagues, including videoconferencing, phone conferencing, and WebEx. Please view the links below for a list of current court closures in the states of Texas and New Mexico. We encourage everyone to stay safe, practice healthy habits, and stay positive! We’re here when you need us, especially in times of crisis.
Month: March 2020
HARTLINE BARGER ATTORNEY ANDREW PETERSEN OBTAINS APPELLATE VICTORY IN THE U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT IN PRODUCTS LIABILITY CASE
The United States Court of Appeals for the Fifth Circuit recently upheld a Motion for Summary Judgment granted in favor of the Defendant by Judge Sam R. Cummings of the Northern District of Texas. The underlying case involved an accident were a welder’s uniform shirt caught fire while he was working resulting in second degree burns. The Plaintiff asserted a strict liability-failure to warn and negligence cause of action based upon the claim that the company to supply the uniform, had a duty to clearly warn him that the uniform was in fact flammable. The District Court agreed with the Defendant’s argument that there was no duty to warn Plaintiff in this instance because it is common knowledge that a non-flame retardant uniform suffers from the danger of catching fire when exposed to sparks derived from welding. The District Court held Plaintiff’s remaining negligence claims were subsumed within his strict liability claim and dismissed the case in its entirety. On appeal, Plaintiff attempted to assert a claim for negligent undertaking for the first time in addition to arguing for preservation of his original claims. The Fifth Circuit agreed with the Defendant’s argument that the negligent undertaking claim was forfeited as it was not asserted and held that the negligence and strict liability claims were defeated by the common knowledge defense presented by the Defendant. The Fifth Circuit further agreed with the District Court that, as a matter of law, it is common knowledge that a cotton shirt is flammable.
Hartline Barger is a Southwest-based law firm founded in 1994, Hartline Barger LLP serves clients throughout the state and across the country, with offices in Dallas, Houston, Corpus Christi, Waco, Santa Fe, and Albuquerque. The firm is nationally recognized for its work in product liability litigation and a broad spectrum of practice areas—from personal injury defense, commercial litigation and toxic torts to warranty and deceptive trade practice litigation. For more information, visit hartlinebarger.com.
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Hartline Barger Attorneys Win Defense Verdict in a Dram Shop Trial for a Dallas Restaurant/Bar
DALLAS, Texas, March 6, 2020 – Hartline Barger LLP today announced a jury trial victory after attorneys Darrell Barger, Brian Rawson, and Stephanie Roark successfully defended their client in a three-week Dram Shop liability trial in Dallas County Court of Law No. 1, before Judge D’Metria Benson.
The case involved an automobile-pedestrian accident that resulted in the death of a 26-year-old man in 2015. Earlier in the night, that man was watching sporting events on TV with friends at a Bombshells Restaurant and Bar, where he consumed at least 10 alcoholic beverages over a four hour period. Towards the end of his visit, the man became aggressive with another table of patrons and slammed his hands down on a table. Within 10 seconds, a Bombshells security guard escorted the man outside, took his car keys, and called him a cab. The security guard told the cab driver to take the intoxicated individual home, but unexpectedly, the man was dropped off at a gas station a mile from the restaurant. One hour later, he was hit by a car and killed while walking across a street. At the time of his death, the intoxicated individual had a blood-alcohol level of three times the legal limit.
The parents of the victim filed suit against Bombshells, alleging the restaurant/bar was negligent in continuing to serve alcohol to their son when he was obviously intoxicated and that negligence was the proximate cause of their son’s death. Plaintiffs’ counsel asked the jury to award nearly $5 million to the parents of the victim.
Defense counsel argued that their client had safeguards in place to prevent serving alcohol to someone showing signs of intoxication. The defense also emphasized that within 10 seconds of the intoxicated patron displaying signs of intoxication by slamming his hands on a table, restaurant staff reacted quickly and correctly took his car keys and arranged for a cab ride home.
After approximately two weeks of trial testimony and one week of deliberations, the Dallas County jury returned a complete defense verdict on December 20, 2019.
Hartline Barger Wins Summary Judgment in Dallas County
On February 28, 2020, Judge Gena Slaughter of the 191st District Court of Dallas County, Texas, granted Hartline Barger’s summary judgment dismissing all claims against a food services company in a personal injury case.
The case arose from an alleged December 26, 2015 accident on Texas Christian University’s Fort Worth, Texas campus. Plaintiff, a man employed in transporting dishware in connection with a TCU football game, was injured when an automated loading ramp lowered and shifted a small vehicle onto Plaintiff’s foot, which caused Plaintiff to suffer a ruptured Achilles tendon. Plaintiff alleged that Hartline Barger’s client was negligent because it instructed Plaintiff to use a smaller vehicle to move the dishware instead of a full-size truck. Hartline Barger countered by arguing that even assuming its client asked Plaintiff to use the smaller vehicle, they did not tell him to use the ramp in combination with that vehicle, and therefore Plaintiff was responsible for his own injuries.
Defendants were represented by Hartline Barger’s Brian Rawson, Roy McKay, and Stephen Elkind.
Hartline Barger Wins Summary Judgment for Restaurant and Server in Dram Shop Case
On February 11, 2020, Judge Jason Cashon of the 266th District Court of Erath County, Texas, granted Hartline Barger’s summary judgment for a Stephenville, Texas restaurant and its bartender in a Dram Shop death case.
The lawsuit centered on Dram Shop claims by the wife of a man who consumed one beer and two shots at the restaurant in under an hour between 11:00 a.m. and noon on July 19, 2016. The man then left the restaurant, and approximately four hours later was found dead sitting in his parked truck in his driveway. His postmortem blood-alcohol concentration was .346. The wife sued for Dram Shop Act violations (among other claims), and the Defendants successfully moved for summary judgment, arguing that the evidence conclusively established the man was not obviously intoxicated when Defendants served him, and that Defendants’ provision of alcohol was not the proximate cause of the man’s death.
Defendants were represented by Hartline Barger’s Brian Rawson, Stephanie Roark, Roy McKay, and Stephen Elkind.
Hartline Barger LLP today announced a summary judgment victory after attorneys Brian Rawson and Roy McKay were successful on a summary judgment while defending an insurance agent and agency in a professional liability lawsuit filed in Houston, Texas.
HOUSTON, Texas, March 6, 2020 — Hartline Barger LLP today announced a summary judgment victory after attorneys Brian Rawson and Roy McKay were successful on a summary judgment while defending an insurance agent and agency in a professional liability lawsuit filed in Houston, Texas. The case involved allegations that Hartline Barger’s client failed to obtain coverage for an alleged additional insured under an insurance policy.
The Third-Party Plaintiff was an entity that alleged it should have been an additional insured under a general liability policy because it was listed as an additional insured on the policy declarations page. However, it was not afforded additional insured status under the policy.
Rawson and McKay argued, among other grounds, that the claims were time-barred and that the declaration page clearly and conspicuously includes a disclaimer providing that the declarations page does not confer any rights that are not conferred within the underlying policy. The Third-Party Plaintiff’s cross motion for summary judgment argued that it proved all the elements of its causes of action as a matter of law and its claims were not defeated by the statute of limitations.
The Third-Party Plaintiff sought over $1 million dollars in damages. On October 9, 2019, the Court granted Hartline Barger’s summary judgment motion and rejected the Third-Party Plaintiff’s arguments. Accordingly, the Court dismissed all of the Third-Party Plaintiff’s claims against the insurance agent and agency.
SOURCE: Official court documents and attorneys for the defense from Hartline Barger LLP
CAUSE/CASE NO: 17-09-11698
Judge: Jennifer Robin
Hartline Barger Wins Summary Judgment in Dram Shop Case in Dallas, Co.
On October 7, 2019, Judge Sally Montgomery, of Dallas County Court at Law No. 3, granted Hartline Barger’s summary judgment dismissing all of Plaintiffs’ Dram Shop liability and negligence claims against a Dallas nightclub and its parent company.
The case arose from a January 15, 2017, multi-vehicle auto accident at approximately 3:00 am, which resulted in the death of two passengers, ages 27 and 19. The two drivers involved in the accident received minor injuries and were arrested at the scene for DWI and intoxication manslaughter.
Parents of the deceased filed a lawsuit against the nightclub where one of the drivers had been earlier in the night, claiming the club was negligent and violated the Texas Dram Shop Act by allowing that driver to be served when it was apparent that he was obviously intoxicated to the extent he presented a clear danger to himself and others.
Hartline Barger argued at the summary judgment hearing that Plaintiffs’ claims based on violations of the Texas Dram Shop Act fail because the club was not a provider of alcohol, as defined by the Dram Shop Act. The club was a “bring-your-own-bottle” (“BYOB”) establishment, and considering the Texas Dram Shop Act only applies against a provider of alcohol, which the club was not, any claim based on same should be dismissed with prejudice. Further, Hartline Barger argued that Plaintiffs’ negligence claims fail because (i) under Texas law there is no duty to control the conduct of a third party, absent the existence of a special relationship or some other unusual fact pattern not found here, and (ii) in light of the onerous burden to recover against a commercial alcohol provider for alcohol provision, over and above that required to prove negligence, it would be improper to allow recovery on the less demanding negligence standard against a commercial BYOB enterprise for simply allowing alcohol consumption on its premises. The Court agreed with these arguments and granted summary judgment on Plaintiffs’ Dram Shop and negligence claims.
Defendants were represented by Hartline Barger’s Dallas attorneys Brian Rawson, Stephanie Roark, and Tyler Stuart.
Hartline Barger LLP today announced another victory after attorneys Brian Rawson and Roy McKay were successful on summary judgment while defending an apartment complex owner in a premises liability lawsuit filed in Travis County, Texas.
Austin, Texas (March 6, 2020) — Hartline Barger LLP today announced another victory after attorneys Brian Rawson and Roy McKay were successful on summary judgment while defending an apartment complex owner in a premises liability lawsuit filed in Travis County, Texas. The case involved allegations that the apartment complex knew or reasonably should have known of a dangerous condition in the landscaping on its premises, which caused Plaintiff to fall and injure herself.
Plaintiff was a resident of an apartment complex owned and operated by Hartline Barger’s client. She alleged that as she was walking her dogs, she fell on the premises, which caused her to suffer a fracture to her ankle. Plaintiff sought over $200,000.00 from the premises owner.
On August 27, 2019, after a hearing on Defendant’s Motion for Summary Judgment, the Court found that Plaintiff had not presented any evidence of a dangerous condition on the premises that Hartline Barger’s client knew or reasonably should have known existed. Accordingly, the Court dismissed all of Plaintiff’s claims against the premises owner.
SOURCE: Official court documents and attorneys for the defense from Hartline Barger LLP
CAUSE/CASE NO: D-1-GN-19-000193
Judge: Tim Sulak
Hartline Barger LLP today announced attorneys Brian Rawson, Roy McKay, and Neil Stockbridge were successful through summary judgment in defending a premises owner on a premises liability claim filed in Montgomery County, Texas.
HOUSTON, Texas (March 6, 2020) — Hartline Barger LLP today announced attorneys Brian Rawson, Roy McKay, and Neil Stockbridge were successful through summary judgment in defending a premises owner on a premises liability claim filed in Montgomery County, Texas. The case involved allegations that the premises owner knew or reasonably should have known of a dangerous condition on the premises, which caused Plaintiff’s injury.
Plaintiff was a resident of a multi-family residential property. He alleged that while exiting his residence debris from construction work above allegedly fell on him causing injury. Plaintiff sought over $200,000.00 in damages.
Rawson, McKay, and Stockbridge filed a motion for summary judgment arguing that neither the premises, nor the work, were under the control of their client, and as a result, Plaintiff’s claims should fail. On April 11, 2019, the Court granted Hartline Barger’s motion for summary judgment, dismissing all of Plaintiff’s claims against Hartline Barger’s client.
SOURCE: Official court documents and attorneys for the defense from Hartline Barger LLP
CAUSE/CASE NO: 18-03-03061
Judge: K. Michael Mayes
Twelve Attorneys from Hartline Barger LLP Selected for the 2020 Texas Super Lawyers® List of Rising Stars℠
Twelve Attorneys from Hartline Barger LLP Selected for the 2020 Texas Super Lawyers® List of Rising Stars℠
DALLAS, Texas, March 6, 2020— Hartline Barger is pleased to announce a dozen of the firm’s young attorneys have been selected for inclusion in the Texas Super Lawyers® list of Rising Stars℠.
Awarded to fewer than 2.5% of lawyers statewide, the Rising Stars℠ designation recognizes attorneys who are under the age of 40, or who have been in practice for no more than 10 years. These annual selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. Twelve of the firm’s attorneys received this recognition, including two of the firm’s newest partners Roy McKay and Stephanie Roark.
Other attorneys chosen for the list again this year include Matt Brower, Dale Fresch, Andrew Petersen, Colin Powell, Jake Ramsey, Allison Reppond, Brian Sawyer, Reid Simpson, Luke Spencer, and Laura Vega.
“We are very proud of the accomplishments of this group of attorneys,” said Managing Partner Larry Grayson. “It is nice to see each of them receive the recognition they deserve.”
Hartline Barger LLP is a Southwest-based law firm specializing in civil litigation and trials, with offices in Dallas, Corpus Christi, Houston, Waco, Albuquerque, and Santa Fe. The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, intellectual property, personal-injury defense, premises liability, labor and employment, insurance coverage, healthcare, construction, and dealer/franchise litigation. For more information about Hartline Barger, visit www.hartlinebarger.com.
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