Month: June 2023

Dallas, TX, June 26, 2023 — Hartline Barger LLP’s New Mexico team (attorney Don DeCandia, paralegal Maria Padilla and secretary Carla Bond) together with counsel from Yoka Smith, LLP, recently secured a defense judgment for tire manufacturer Continental Tire the Americas, LLC (CTA) following a two-week bench trial in New Mexico Federal Court. The claim involved a tire disablement followed by a rollover accident in which one person died and three were injured. The plaintiffs, represented by Randi McGinn of McGinn, Montoya, Love & Curry, alleged that the tire was defectively manufactured and/or designed.  The Honorable Kea Riggs, however, rejected all of the Plaintiffs’ claims and entered a defense judgment in favor of CTA.  Judge Riggs found that the tire was not defective, that CTA was not negligent, and that actions/omissions by the driver and the company that owned the work truck caused and/or contributed to the crash.

Dallas, Texas – Hartline Barger LLP In February of 2023, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully obtained a summary judgment victory in Harris County, Texas that dismissed all claims against one of their restaurant clients.  The lawsuit arose from an assault on a patron by three unknown individuals in a restaurant bathroom.  The plaintiff claimed as a result of the assault, he suffered from a traumatic brain injury, right orbital fracture, nasal bone fracture, post-traumatic headaches, sleep disorder, and post-concussion syndrome.  The plaintiff alleged that the restaurant was negligent for failing to provide adequate security and sought damages of over $1,000,000.  State District Judge Kyle Carter granted summary judgment and dismissed all claims with prejudice against the restaurant.

Fort Worth, TX, June 21, 2023 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, and Stephen Elkind prevailed on a Motion for Summary Judgment before the United States District Court for the Northern District of Texas, Fort Worth Division.  A privacy and security officer for a state’s employee insurance agency called a hospital in Texas in an effort to locate and speak with the Plaintiff doctor regarding an investigation the officer was conducting.  As a result of this contact with Plaintiff’s employer, Plaintiff alleged she was forced to resign her employment and forego the remainder of her contract with the hospital.  Plaintiff filed suit against the privacy and security officer, the state’s employee insurance agency, and the state’s department of administration, asserting claims of defamation and tortious interference with a contract.  Hartline Barger LLP filed a Motion for Summary Judgment on behalf of the privacy and security officer, arguing that (1) the statute of limitations barred Plaintiff’s claims, (2) the claims against the privacy and security officer in his official capacity were barred by sovereign immunity under the 11th Amendment to the United States Constitution, (3) the claims against the privacy and security officer in his individual capacity were barred by official immunity under Texas law, and (4) the privacy and security officer’s communications were absolutely privileged because they were made in anticipation of judicial or quasi-judicial proceedings.  The district court agreed and granted the privacy and security officer’s motion for summary judgment, dismissing all claims against him with prejudice.