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Dallas, Texas; February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson, Roy McKay, and Stephen Elkind were successful on summary judgment while defending a construction company in an 18-wheeler accident case.
The case arose from a July 2018 auto-accident in Dallas, Texas. The two plaintiffs were driver and passenger in an automobile and allegedly ran over a metal part that fell off an 18-wheeler, causing them injuries. They filed suit against the construction company, arguing that it employed the driver of the 18-wheeler and was negligent in doing so.
Hartline Barger LLP responded with a summary judgment motion, arguing that the plaintiffs had sued the wrong company because the defendant did not employ the driver nor have any other relevant relationship with either the driver or the 18-wheeler.
On November 6, 2020, District Judge Aiesha Redmond in the 160th District Court in Dallas County, Texas granted the summary judgment motion and dismissed the plaintiffs’ claims with prejudice.
CAUSE/CASE NO: DC-19-12966
Judge: Aiesha Redmond
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Dallas, Texas; February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson, Tyler Stuart, and Courtney Kenisky were successful in obtaining a full dismissal for their client in an overservice of alcohol case in Austin, Texas.
This lawsuit arises out of an automobile accident that occurred on June 22, 2018, in Bastrop County, Texas, when a vehicle driven by Brandon Casey Lee Gonzales crossed onto the wrong side of US-290 and struck another vehicle head-on. Plaintiff, age 21, was a passenger in Gonzales’ Ford F-150 at the time of the accident and was trapped in the vehicle when it rolled over and caught fire. Plaintiff sustained third-degree burns on her left arm and left side, a broken foot, and cuts and bruises. Plaintiff received stitches on her chin, thigh, the back of both of her legs, and the bottom of her leg. She had surgery to insert a plate into her left foot. Plaintiff also underwent a skin graft procedure during which half of the skin was taken from her back to cover the areas that were burned on her left side and stomach.
Prior to the subject accident, Gonzales had been a patron at Hartline Barger’s client’s establishment, which was a BYOB club, where he allegedly consumed alcohol that he brought to the club. Plaintiff left the club with Gonzales. The subject accident occurred approximately 25 minutes after Gonzales and Plaintiff left the club together. Blood tests revealed that Gonzales’ blood alcohol content was found to be 0.17 g/dl, a little over two times the legal limit to drive in Texas. Plaintiff, who was represented by plaintiffs’ attorney Thomas J. Henry, sued the club for negligence, negligence per se, and gross negligence. They were seeking over $2 million for her alleged injuries and damages.
Hartline Barger filed a motion for summary judgment arguing that Plaintiff’s negligence claim fails 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 under the Texas Dram Shop Act, 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. On October 6, 2020, Judge Dustin Howell of the 419th Judicial District Court in Travis County agreed with Hartline Barger, finding no duty for a BYOB establishment to monitor, regulate, or prevent a patron from overconsuming alcohol on its premises and then driving, and granted full summary judgment, which dismissed Hartline Barger’s client from the case.
CAUSE/CASE NO: D-1-GN-18-003747
Judge: Dustin Howell
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Dallas, Texas; February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson and Roy McKay were successful in getting a Harris County premises liability death case dismissed against the Houston Country Club.
This lawsuit arises from an alleged fall that occurred in the early morning hours of December 12, 2018 at the Houston Country Club. Plaintiff alleges that he was working as part of an overnight cleaning crew at the club when he allegedly fell and hit his head on two pipes that were on the kitchen floor, which resulted in his death later at the hospital. Plaintiff’s wife brought suit individually and as the representative of her husband’s estate against the Houston Country Club under theories of premises liability, negligence, wrongful death, and survival causes of action. She was seeking over $1 million in damages.
Hartline Barger was successful in obtaining a complete dismissal of the Houston Country Club from this case on July 23, 2020, after it had filed a motion for summary judgment.
CAUSE/CASE NO: 2019-24685
Judge: Tanya Garrison
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Houston, Texas, February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson, Tyler Stuart, and Roy McKay were successful on a summary judgment while defending a commercial landlord in a premises liability case brought by a man who was shot while visiting the landlord’s property.
The case arose from a July 2018 shooting at a Houston nightclub. The plaintiff was a patron at the club when he was shot in the abdomen by an unknown person. He filed suit against the landlord in October 2018, seeking over $1 million in damages.
Hartline Barger LLP responded with a summary judgment motion, arguing that under Texas law, a landlord is not liable for injuries suffered by invitees of its tenants, and that none of the narrow exceptions to the general no-duty rule, such as injury sustained in an area still under the landlord’s control, applied.
On June 30, 2020, Harris County District Judge Rabeea Collier granted the motion for summary judgment and dismissed the plaintiff’s claims entirely with prejudice.
CAUSE/CASE NO: 2018-72545
Judge: Rabeea Collier
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Dallas, Texas, February 1, 2021 — Hartline Barger LLP announced a summary judgment victory today. Attorneys Brian Rawson, Roy McKay, and Stephen Elkind successfully obtained summary judgment in favor of a commercial property manager in a premises liability case brought by a patron who claimed she tripped and fell due to a dangerous condition on the sidewalk of the property.
The plaintiff was a patron at a popular shopping center in Dallas, Texas and broke her wrist as a result of her fall. The plaintiff filed suit against the property manager and affiliated companies in September 2018, seeking over $100,000 in damages.
Hartline Barger LLP responded with a summary judgment motion, arguing that (1) the condition of the side-walk was open and obvious and not unreasonably dangerous and (2) Plaintiff lacked essential evidence to meet her burden of proof to show the property manager knew or should have known of the allegedly dangerous condition.
On June 26, 2020, Dallas County District Judge Mark Greenberg granted the motion for summary judgment in full and dismissed the all the plaintiff’s claims with prejudice.
CAUSE/CASE NO: CC-18-05182-E
Judge: Mark Greenberg
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Charlotte, North Carolina; February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson, Tyler Stuart, and Roy McKay were successful on a summary judgment while defending a nightclub operator in a premises liability case by a patron who was shot on the property.
The case arose from an October 2014 shooting at a Charlotte, North Carolina nightclub. The plaintiff was a patron at the club watching the rap group Migos when he was shot in the left side by an unknown person. He filed suit against the club operator in October 2017, seeking compensatory and punitive damages.
Hartline Barger LLP responded with a summary judgment motion, arguing that under North Carolina law, the operator owed no relevant duty to the patron and that the shooting was unforeseeable.
On June 24, 2020, Mecklenburg County Superior Court Judge Carla Archie granted the Motion for Summary Judgment and dismissed the plaintiff’s claims entirely with prejudice.
CAUSE/CASE NO: 19 CVS 10596
Judge: Carla Archie
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Houston, Texas, February 1, 2021 —Hartline Barger LLP today announced a summary judgment victory after attorneys Brian Rawson, Roy McKay, and Neil Stockbridge were successful on a summary judgment while defending a Houston restaurant in a premises liability case filed in Harris County, Texas.
The case arose from a November 2017 incident at a popular Houston restaurant and bar in which the Plaintiff alleged he slipped and fell on a slippery substance in the men’s restroom. The Plaintiff filed suit seeking up to $1 million in damages.
Hartline Barger argued there was no evidence that the business operator knew or reasonably should have known of the allegedly dangerous condition on the floor of the restroom, a critical element of the Plaintiff’s premises liability claim. Hartline Barger also challenged the Plaintiff to identify a cognizable legal theory on which the parent company could be liable for the alleged torts of a subsidiary company and identify any evidence that might support such a theory. The Plaintiff dropped his lawsuit against the parent company; and on June 3, 2020, Harris County District Judge Donna Roth granted the Motion for Summary Judgment, dismissing with prejudice all of Plaintiff’s remaining claims against the restaurant.
CAUSE/CASE NO: 2019-32057
Judge: Donna Roth
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Houston, Texas, February 1, 2021 — Hartline Barger LLP today announced a summary judgment victory after attorneys Brian Rawson, Tyler Stuart, and Roy McKay were successful on a summary judgment while defending a commercial landlord in a premises liability case brought by a security guard who was shot while providing security on the landlord’s property.
The case arose from a July 2018 shooting at a Houston nightclub. The plaintiff was working as a security guard for the club when he was shot in the lower abdomen by an unknown person. The security guard filed suit against the landlord in August 2019, seeking over $1 million in damages.
Hartline Barger LLP responded with a summary judgment motion, arguing that under Texas law, a landlord is not liable for injuries suffered by invitees of its tenants, and that none of the narrow exceptions to the general no-duty rule, such as injury sustained in an area still under the landlord’s control, applied.
On May 28, 2020, Harris County District Judge Donna Roth granted the motion for summary judgment and dismissed the man’s claims entirely with prejudice.
CAUSE/CASE NO: 2019-61872
Judge: Donna Roth
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Dallas, Texas; February 1, 2021 — Hartline Barger LLP today announced a victory after attorneys Brian Rawson, Stephanie Roark, and Roy McKay were successful in getting a San Antonio Dram Shop case dismissed against Twin Peaks Restaurant.
This lawsuit arises from an automobile accident that occurred in the early morning hours of October 20, 2018, in San Antonio, Texas. Plaintiff, who was represented by plaintiffs’ attorney Thomas J. Henry, alleged that she was traveling southbound on the Loop 410 access road when Devin Lopez, traveling northbound (the wrong way) on the access road, struck Plaintiff’s car head-on. Lopez admitted to San Antonio police officers at the scene that he had been drinking and was arrested for driving while intoxicated. Plaintiff claimed she suffered from severe injuries in the subject crash.
Plaintiff brought several negligence-based claims against Lopez and Dram Shop claims against the establishments where Lopez had allegedly consumed alcohol that night, including Twin Peaks. Plaintiff was seeking monetary relief of over $1,000,000. Hartline Barger was successful in obtaining a complete dismissal of Twin Peaks from this case on March 24, 2020, after it had filed a motion for summary judgment.
CAUSE/CASE NO: 19-CI-06503
Judge: Aaron Haas
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Houston, Texas, February 1, 2021 — Hartline Barger LLP today announced a summary judgment victory after attorneys Brian Rawson and Roy McKay were successful on 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 provide notice to insureds concerning the termination of their flood insurance policy. Plaintiffs alleged that the insurance agent and agency should have forwarded the insurance carrier’s termination notices regarding Plaintiffs’ flood insurance. Damage occurred to Plaintiffs’ property after Hurricane Harvey flooded Plaintiffs’ residence.
Hartline Barger argued, among other grounds, that the claims were time-barred because Plaintiffs knew or should have known of the termination of their flood insurance policy from other sources more than two years before filing suit. Plaintiffs argued that the “discovery rule” should apply to prevent their claims from being time-barred and that Plaintiffs did not acquire knowledge of the termination through the means shown by Hartline Barger’s motion. Plaintiffs sought over $1 million dollars in damages.
On March 13, 2020, Harris County District Judge Larry Weiman granted Hartline Barger’s summary judgment motion and rejected the Plaintiffs’ arguments that the “discovery rule” should apply to their claims. Accordingly, the Court dismissed all of the Plaintiffs’ claims against the insurance agent and agency.
CAUSE/CASE NO: 2018-15037
Judge: Larry Weiman
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
Brownsville, Texas, February 1, 2021 — Hartline Barger LLP today announced another victory after attorneys Brian Rawson, Roy McKay, and Neil Stockbridge were successful on summary judgment while defending a children’s medical charity against personal injury claims by participants of a charity run. Four plaintiffs and two intervenors argued that a temporary archway set up at the charity race’s starting line fell on top of and injured them, and they sued Hartline Barger LLP’s client in the 138th District Court of Texas in Brownsville, Texas, alleging the entity improperly secured or supervised the race.
The charitable entity filed motions for summary judgment on the Intervenors’ claims, arguing the claims failed because the entity was not sufficiently involved with race security or supervision to render it responsible for personal injury suffered by race participants. Cameron County District Judge Arturo Cisneros Nelson agreed and dismissed both Intervenors’ claims against the entity on January 14, 2020.
CAUSE/CASE NO: 2018-DCL-07231
Judge: Arturo Cisneros Nelson
Contact:
Brian Rawson
Partner
Hartline Barger LLP
214-369-2100
brawson@hartlinebarger.com
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