Author: Lauren Collazo

Dallas, TX, August 31, 2023 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, and Brandon Thomas recently filed a motion to dismiss Plaintiff’s claims with prejudice, and it was granted by a Dallas County judge today.

This lawsuit arose out of an accident that occurred at a Texas gun range. Plaintiff arrived at the gun range and was assigned to a lane. Plaintiff proceeded to her lane where she began to shoot her firearm. According to Plaintiff, while she was in her lane shooting her firearm, she was struck by a ricocheting bullet. Plaintiff filed suit against the gun range.

Because Plaintiff filed suit against a defendant gun range, her claims were governed by Chapter 128 of the Texas Civil Practice and Remedies Code. Pursuant to Chapter 128 of the Texas Civil Practice and Remedies Code, Plaintiff was required to serve an expert report for each defendant against whom a claim is asserted not later than 90 days after filing her original petition. Plaintiff failed to serve an expert report as required and therefore, Defendant filed a motion to dismiss Plaintiff’s claims with prejudice. A Dallas County judge agreed with Defendant and ultimately dismissed Plaintiff’s claims against Defendant with prejudice.

CAUSE/CASE NO: DC-23-05266

Judge: Martin Hoffman

Dallas, TX, August 28, 2023 — Earlier this year, Hartline Barger attorneys Darrell Barger, Pryce Tucker, Anna Dodds, and paralegal Michael Barrera obtained a defense verdict after a two-week trial in San Antonio, Texas. The case involved a shooting that occurred in the parking lot of a major national retailer in which one person was killed and another injured. Plaintiffs argued the retailer should have foreseen future criminal activity on the premises and failed to provide adequate security to protect against future matters. After two weeks of testimony, the jury found that the retailer was not negligent and entered a complete defense verdict. The jury agreed that the incident was not foreseeable, and the retailer did not fail to exercise ordinary care in providing security services on the premises.

Dallas, TX, August 1, 2023 — Earlier this year, Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, Dale Fresch, and Alex McLean prevailed on an appeal before the Eleventh Court of Appeals.  A third-party security guard working at a restaurant got into an altercation with a customer in the restaurant’s parking lot and shot the customer in the back.  The restaurant had a contract with a separate company to provide security services, and the security guard was an employee of that security company.  The customer sued the security guard, the security company, and a parent company above the company that operated the restaurant. Hartline Barger LLP filed a motion for summary judgment on behalf of the parent company, arguing that it was not a proper party to the case because it did not operate the subject restaurant.  The trial court granted the parent company’s motion for summary judgment and dismissed the claims against it with prejudice, and the court of appeals affirmed.

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.

Dallas, TX, April 26, 2023 — Hartline Barger LLP secured a trial victory in Dallas County after attorneys Darrell Barger and Anna Dodds successfully defended their client—Bigge Crane and Rigging Co.—in a two-week wrongful death trial.  The case arose from a June 2019 incident when severe weather in Dallas caused a crane to collapse on an apartment building, resulting in one death and injuries to several others.  During the trial, Barger and Dodds established that the crane operator provided by Bigge was working as a borrowed employee of the co-defendant Greystar Development and Construction LLC, and the accident was not caused by anything their client did.  Greystar denied that the crane operator was its borrowed employee and contended that it was not responsible at all for the incident that occurred on its worksite.  Plaintiffs argued that the crane operator was negligent for failing to weathervane the crane before the storm, which would have allowed it to swing with the wind.  Instead, the greater than 70 mph winds caused the crane to collapse and kill their 29-year-old daughter.  After two weeks of testimony, the jury ultimately agreed with Bigge and cleared it of any wrongdoing.  Co-defendant Greystar was found 100% responsible and was ordered to pay $860 million.

Harris County, TX, April 17, 2023 — In April of 2023, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully obtained a summary judgment victory in Harris County, Texas that dismissed all claims against a parent corporation of one of their nightclub clients.  The lawsuit arose from a motor vehicle accident that resulted in injuries to the plaintiffs.  The plaintiffs alleged that the parent corporation was liable under the Texas Dram Shop Act because it controlled the nightclub which allegedly overserved the third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  The parent corporation filed a summary judgment motion asserting that the corporation had no connection to the nightclub.  State District Judge Michael Gomez granted summary judgment and dismissed all claims with prejudice.

Harris County, TX, April 13, 2023 — In April of 2023, Brian Rawson, Roy McKay, and Kristina Everhart successfully had all claims dismissed against a nightclub client after filing a summary judgment motion.  The Harris County wrongful death lawsuit arose from a multi-vehicle accident in which two passengers of a vehicle passed away after being hit by a third-party driver.  The decedents’ family alleged that the nightclub was liable under the Texas Dram Shop Act for overserving the third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  The nightclub filed a summary judgment asserting that the third-party driver was not present at the nightclub.  State District Judge Donna Roth continued the summary judgment to allow the plaintiffs an opportunity to depose the nightclub’s corporate representative.  After deposing the corporate representative, the plaintiffs dismissed their claims.

Harris County, TX, February 10, 2023 — 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.

Harris County, TX, February 06, 2023 — In February of 2023, Brian Rawson, Roy McKay, and Kristina Everhart successfully had all claims dismissed against a restaurant client.  The Harris County wrongful death lawsuit arose from a multi-vehicle accident in which a passenger of a vehicle passed away.  The decedent’s family alleged that the restaurant was liable under the Texas Dram Shop Act for overserving a third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  After conducting written discovery, there was no evidence that the driver was served at the restaurant and the plaintiffs dismissed their claims.

Tarrant County, TX, February 02, 2023 — Hartline Barger successfully obtained a dismissal for their client. In this case, Plaintiff Lura Puryear was a passenger in a vehicle driven by a man working as an independent contractor for a rideshare company.  The vehicle was involved in an accident, and Plaintiff sued the driver, the rideshare company, its parent entity, and another driver involved in the accident.  The rideshare company and its parent moved for traditional and no-evidence summary judgment, arguing, among other things, no negligence by either entity and no control by either entity over the driver.  Rather than address the motions, Plaintiff voluntarily dismissed her claims against the two companies.  Representing the companies were Brian Rawson, Roy McKay, and Stephen Elkind.

Bexar County, TX, January 13, 2023 — In January of 2023, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully had all claims dismissed against a nightclub client after filing a summary judgment motion.  The Bexar County wrongful death lawsuit arose from a shooting incident on the freeway between an ex-boyfriend of an entertainer and a third-party security guard who was driving the entertainer home.  The decedent’s family claimed that the security guard was negligently hired by the nightclub and was acting under the course and scope of his employment when the shooting occurred.  The nightclub filed a summary judgment asserting there was no connection between the shooting incident and the hiring of the security guard because it occurred after-hours and off-premises.  Rather than respond to the summary judgment motion, the plaintiffs dismissed their claims.

Dallas, TX, December 16, 2022 — Hartline Barger LLP Partner Sarah Jones and Of Counsel Jim McInerny had a successful bench trial before Judge Donna Roth in the 295^th District Court in Harris County.  The case was brought by a group of property owners against the homeowner’s association for their subdivision.  Prior to trial, the Court dismissed some of the Plaintiffs’ claims on summary judgment.  Sarah and Jim also secured a pretrial dismissal of the Plaintiffs’ claims for attorney’s fees and economic damages based upon improper disclosure and other discovery deficiencies.  Sarah and Jim were successful in having the Court deny the Plaintiffs’ request for declaratory judgment on two of the four remaining issues.  A special thanks to those who helped along the way, including associate attorney Anna Dodds and staff members Shelly Scarbrough, Julian Rodriguez, Veronika Schiebler, and Belinda Johnson.

Dallas, TX, November 28, 2022 — Hartline Barger today announced a victory after attorneys Brian Rawson, Tyler Stuart, and Jacob Damrill were successful in obtaining a full dismissal for their client in a case involving an alleged assault in Dallas, Texas.

Plaintiff, Austin Peterson, alleged that he was tased and tackled by security guards at XTC Cabaret in Dallas, Texas on February 29, 2020.  Plaintiff alleged that he sustained serious injuries as a result of the incident.  He sued XTC Cabaret as well as its’ third-party security company for negligence, negligent hiring, training, supervision, and retention, as well as gross negligence.

Prior to the incident, Peterson had been a patron at XTC Cabaret, which is a BYOB club.  After closing, Plaintiff was loitering outside and using racial slurs to other patrons.  When asked to leave the premises, Plaintiff became hostile and was tased and detained until Dallas Police could arrive.  Plaintiff was ultimately cited and convicted for public intoxication in connection with the incident.

Hartline Barger filed a motion for summary judgment arguing that (1) Plaintiffs claims were barred under Chapter 86 of the Texas Civil Practice and Remedies Code due to Plaintiff’s public intoxication conviction; (2) that XTC Cabaret was not responsible for the conduct of its’ independent contractor/ third-party security company; (3) XTC Cabaret had no duty to hire, train, or supervise the security guards involved in the incident; (4) that Plaintiff’s gross negligence claim was barred by Chapter 41 of the Texas Civil Practice and Remedies Code because it was predicated on the criminal conduct of someone other than XTC Cabaret; and (5) that Plaintiff had no evidence to support his claims.  On November 28, 2022, Judge Marciela Moore, formerly of the 162nd Judicial District Court, agreed with Hartline Barger and granted XTC Cabaret’s, finding that Plaintiff had not provided sufficient evidence to support his claims. In doing so, the Court dismissed all claims against XTC Cabaret as well as all other Defendants in the case.

CAUSE/CASE NO: DC-21-10253

Judge: Marciela Moore

Harris County, TX, November 23, 2022 — In November 2022, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully had all claims dismissed against one of their restaurant clients after filing a summary judgment motion.  The Harris County premises liability lawsuit arose from a slip and fall incident in which the plaintiff alleged that the restaurant failed to warn or make safe liquid on the floor.  The plaintiff claimed as a result of the accident, she suffered from soft tissue hand, knee, and spinal injuries.  The restaurant filed a summary judgment motion asserting there was no evidence that the restaurant knew or should have known of the liquid on the floor.  Rather than respond to the summary judgment motion, the plaintiff dismissed her claims.

Dallas, TX, November 18, 2022 — Congratulations to Hartline Barger Partners Angela Gordon and David Estes, who recently obtained an appellate victory for a major trucking client in a slip-and-fault suit.

Harris County, TX, October 11, 2022 — In October 2022, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully had all claims dismissed against one of their restaurant clients after filing a no-evidence dispositive motion.  The Harris County lawsuit arose from a motor vehicle accident in which a driver hit the plaintiff who was parked on the shoulder of the roadway.  The plaintiff alleged that the restaurant was liable under the Texas Dram Shop Act for overserving the driver when he was obviously intoxicated and a clear danger to himself and others.  The plaintiff claimed as a result of the accident, he suffered from leg, hip, and spinal injuries.  The restaurant filed a summary judgment motion asserting the plaintiff’s claims were barred by the Safe Harbor Act because all employees were certified by the Texas Alcoholic Beverage Commission, and there was no evidence that the driver was obviously intoxicated when he was served by the restaurant.  Rather than respond to the summary judgment motion, the plaintiff dismissed her claims.

Dallas, Texas, July 12, 2022 – Hartline Barger LLP The wins just keep coming for the Hartline Barger Navistar team! The United States District Court for the Northern District of Iowa granted summary judgment in favor of Navistar and an authorized dealer. This lawsuit was a part of pattern litigation related to Navistar’s MaxxForce engine. In Adrian Trucking, the Plaintiff purchased 11 heavy-duty commercial trucks with MaxxForce engines and later sued alleging various fraud and warranty theories. In a well-reasoned and thorough 30-page opinion, the Court considered the evidence before it, found Navistar and its authorized dealer were not liable, and dismissed all claims against them with prejudice. Congratulations to Jeff Patterson, Clayton Callen, Al Silva, and Brian Sawyer on obtaining this fantastic result for our clients.

Dallas, Texas, June 29, 2022 – Hartline Barger LLP announced another victory for the Hartline Barger Navistar team in Nashville, Tennessee! The lawsuit was part of pattern litigation related to Navistar’s MaxxForce engine. In First Express, Plaintiff purchased 40 trucks with the MaxxForce engine alleging various fraud and warranty claims arising out of the purchase and operation. After careful consideration of the facts and the law of Tennessee, the Court threw out the case entirely. Congratulations to Jeff Patterson, Clayton Callen, Luke Spencer, and Jake Ramsey on obtaining full dismissal on summary judgment!

Dallas, Texas, June 17, 2022 – Hartline Barger LLP Jim McInerny secured a victory for a workers’ compensation carrier by successfully defending against a claim for death benefits, alleging that a worker died after he was exposed to COVID-19 at work.  At an administrative hearing, Jim argued there was no evidence work was the only place the worker could have been exposed to COVID-19, and that the claim for benefits was not filed within the one-year limitations period under the Texas Workers’ Compensation Act.  The administrative judge agreed, and found in favor of the insurance carrier.  Both the carrier and the insured are pleased with the outcome.

Dallas, Texas, May 09, 2022 – Hartline Barger LLP Jeff Patterson obtains unanimous defense verdict. Patterson’s client, Navistar, won a defense verdict from a Dallas County jury on May 2, 2022 after a six-day trial in Judge Maricela Moore’s court. Plaintiff was driving a 26-foot moving van made by Navistar when he drifted off a New Mexico highway, overcorrected, and turned the truck onto its side. Mr. Forge injured his left arm—resulting in an amputation—when it came in contact with the highway. Plaintiff claimed the truck was not crashworthy, failed to keep Plaintiff inside the truck, and failed to provide adequate ejection mitigation features, including laminated glass in the side window. Navistar argued there was no defect in the truck, and that Forge’s employer, Raphael Djine, failed to train him in safe driving, failed to comply with the federal regulations for on-duty time for drivers, and created an itinerary for his route that did not provide for ten hours of rest per day.

Congratulations to Jeff Patterson, Jake Ramsey, Katrina Colwell-Arp and Judy Vice for another successful defense of Navistar.

Amarillo, TX, March 11, 2022 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, and Holly Naehritz prevailed on an appeal before the Seventh Court of Appeals in Amarillo, Texas.  The father of a disabled adult filed suit against the operator of a group home where his son was living after his son fell in the restroom and sustained injuries.  The father filed a lawsuit against the operator of the group home, alleging health care liability claims.  Hartline Barger LLP filed a motion to dismiss on behalf of the operator of the group home, alleging that Plaintiff failed to provide expert reports that complied with the requirements of Chapter 74 of the Texas Civil Practice and Remedies Code.  The trial court denied the motion to dismiss, and the operator of the group home appealed.  On appeal, the Seventh Court of Appeals found that the Plaintiff’s expert reports did not meet the requirements of Chapter 74.  Accordingly, the Court of Appeals reversed the trial court’s order and remanded the case to the trial court for the limited purpose of determining what amount of attorney’s fees should be awarded to the operator of the group home and for entry of a final order dismissing Plaintiff’s claims with prejudice.

February 9, 2022 – Andrew L. Petersen and Hartline Barger Appellate Team obtained a recent appellate victory when the Texas Supreme Court denied Plaintiff’s petition for review of an award of death penalty sanctions based on Plaintiffs’ bad faith Non-Suit during a Summary Judgment hearing.

In the case of Cox v. Vanderburg, 06-20-00078-CV, 2021 WL 4055487 (Tex. App—Texarkana Sept. 7, 2021, pet. denied), Plaintiffs were passengers in a vehicle driven by an independent contractor for Cedar Creek and claimed they were injured when the contractor drove through a red light while part of a police escorted caravan and impacted another vehicle traveling through the intersection with a green light. After almost two years of litigation, Plaintiffs non-suited Cedar Creek right before the depositions of the co-defendant’s corporate representative and the Defendants’ jointly designated Biomechanic expert.  Plaintiffs filed their 10^th and 11^th amended petitions adding Cedar Creek back to the suit after the depositions and the deadline for dispositive motions had passed. Cedar Creek filed motions for summary judgment which were joined by its co-defendant.  During the hearing on the motions for summary judgment, after the Court had granted many of Cedar Creek’s objections to Plaintiffs’ evidence, the Court announced it was likely going to also strike Plaintiffs’ 10^th and 11^th amended petitions.  Plaintiffs’ counsel stood up during Cedar Creek’s argument and non-suited the case without prejudice. Cedar Creek and Co-defendant Premier filed a motion for death-penalty sanctions asking the Court to convert the non-suit to being with prejudice based on opposing counsel’s bad faith actions in addition to requesting lesser sanctions. The Trial Court granted the motion, awarded death penalty sanctions converting the non-suit to with prejudice and ruled Defendants were prevailing parties.  The Sixth Court of Appeals in Texarkana upheld the Trial Court’s decision finding the non-suit was filed for an improper purpose under Chapter 10 and held that the Texas Supreme Court’s holding in Epps v. Fowler, 351 S.W.3d 862 (Tex. 2011), regarding the determination of prevailing parties extends to matters decided under Chapter 10 where a non-suit is taken to avoid an unfavorable ruling.  As a result the Sixth Court of Appeals upheld the Trial Court’s determination that Defendants were prevailing parties.  Plaintiffs filed a motion for rehearing en banc which was denied and their petition for review to the Texas Supreme Court was also denied.

Beaumont, TX, January 13, 2022 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, and Holly Naehritz prevailed on an appeal before the Ninth Court of Appeals in Beaumont, Texas.  Owners of pipelines on certain property sued the property owner for damage to the pipelines allegedly caused by washout and subsidence due to excavation of the property.  The property owner alleged that the damage was caused by a logging company’s work and a sand mining company’s work on the property.  The property owner alleged that its contract with the logging company required the logging company to obtain liability insurance listing the property owner as an additional insured.  An insurance agency issued a Certificate of Liability Insurance purportedly listing the property owner as an additional insured; however, the property owner was not an additional insured under the policy.  The property owner filed a claim under the policy, which was denied.  The property owner then sued the insurance agent and insurance agency, asserting claims based on negligence, fraud, negligent misrepresentation, violations of the Texas Insurance Code, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act.  Hartline Barger LLP filed a motion for summary judgment on behalf of the insurance agent and agency, arguing that (1) the claims against them were barred by the statute of limitations, (2) the insurance agent and agency did not make any representations directly to the property owner, and (3) the property owner’s damages were not proximately caused by the insurance agent or agency.  The trial court granted the insurance agent and agency’s motion for summary judgment and dismissed the claims against them with prejudice, and the appellate court affirmed.

January 12, 2022 – Partner Melissa Dorman Matthews secures another victory for Hartline Barger at the Fifth Circuit Court of Appeals after a hard-fought battle over attorney’s fees awarded for a class action settlement.

Matthews, who served as lead trial counsel for the matter, argued the case in front of the Fifth Circuit in March of 2021. Plaintiffs’ counsel requested $12,726,376.00 in fees – a lodestar calculation of $4,388,405.50 with a multiplier of 2.9.  The U.S. District Judge awarded Plaintiffs’ counsel more than $4.3 million in fees.

The Fifth Circuit Court of Appeals vacated this award yesterday, and has instructed the District Judge to recalculate the award and take into account the two issues Matthews and her team pointed out throughout the litigation:  1) the fees Plaintiffs’ counsel incurred on behalf of the successful claims were a fraction of the amounts incurred for pursuing all claims, many of which were unsuccessful; and 2) the actual benefit to the class, which counsel estimates to be less than .05% of the requested fee award.

Hartline Barger partner Angela Gordon and attorney Abigail Foreman assisted Matthews in the case, along with appellate counsel from Beck Redden LLP.

Tarrant County, TX, December 13, 2021 — Plaintiff Jim Coker, along with six other Plaintiffs, brought personal injury claims against two gentlemen’s clubs and their parent entity based on alleged thefts and assaults at the club. The defendants moved for no-evidence summary judgment on Plaintiff’s claims, and the Court granted the motion on December 13, 2021. Plaintiff brought an appeal, which was dismissed after he failed to pay required fees. Representing the clubs were Brian Rawson, Tyler Stuart, and Roy McKay

Brownsville, TX, October 25, 2021 — Hartline Barger LLP today announced attorneys Brian Rawson, Roy McKay, and Dale Fresch successfully obtained a full dismissal for their client in a premises liability case. The case involved allegations that the premises owner knew or reasonably should have known of a dangerous condition in its bathroom that caused Plaintiff to
be injured.

Plaintiff was a customer at a restaurant in Harlingen, Texas. He alleged that while walking through the restaurant’s bathroom, he slipped in a puddle of water that was on the floor, fell, and was injured. Plaintiff sought about $75,000.00 in damages.

Rawson, McKay, and Fresch filed a motion for summary judgment arguing that the restaurant was not under their client’s control at the time of the incident and, as a result, Plaintiff’s claims should fail. On October 25, 2021, the Court granted Hartline Barger’s motion for summary
judgment, dismissing all of Plaintiff’s claims against Hartline Barger’s client.

Cause/Case No.: 2020-CCL-00200
Judge: Laura L. Betancourt

Dallas County, TX, July 07, 2021 — Plaintiff Sylvester Galbreath was a passenger in a motor vehicle that collided with another vehicle. He brought a dram shop suit against a club (and its related entities) he and his driver allegedly patronized before the accident, claiming the club over-served the driver. The club moved for traditional and no-evidence summary judgment, arguing, among other things, that it was a “Bring-Your-Own-Bottle” establishment, that it did not serve or otherwise provide alcohol, and that no evidence showed any provision to the driver by the club. Rather than respond to the summary judgment motions, Plaintiff voluntarily dismissed his claims against the club and its related entities. Representing the club and related entities were Brian Rawson, Stephanie Roark, and Tyler Stuart.

Tarrant County, TX, July 07, 2021 — Plaintiff Kenneth Scroggins, along with six other Plaintiffs, brought personal injury claims against two gentlemen’s clubs and their parent entity based on alleged thefts and assaults at the club. The defendants moved for no-evidence summary judgment on Plaintiff’s claims, and the Court granted the motion on July 7, 2021. Representing the clubs were Brian Rawson, Tyler Stuart, and Roy McKay.

Nueces County, TX, June 16, 2021 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, and Dale Fresch prevailed on a Motion for Summary Judgment before County Court at Law No. 3 of Nueces County, Texas.  A customer alleged that she tripped and fell on a step at a restaurant while being escorted to her table.  The customer filed a premises-liability claim against the restaurant, alleging that the restaurant failed to properly maintain the step and/or failed to properly warn her about the step.  Hartline Barger LLP filed a motion for summary judgment on behalf of the restaurant, arguing that the restaurant satisfied any legal duty it owed to the customer by having a sign that said “PLEASE WATCH YOUR STEP” prominently displayed above the step, and that there was no evidence to support the customer’s claims.  The trial court agreed and granted the restaurant’s motion for summary judgment, dismissing all claims against it with prejudice.

Cameron County, TX, May 27, 2021 — Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, Dale Fresch, and Alex McLean prevailed on a Motion for Summary Judgment before County Court at Law No. 1 of Cameron County, Texas.  A customer alleged that she became ill after consuming chicken wings at a restaurant.  The customer sued the operator of the restaurant and its parent company, asserting claims based on strict products liability, negligence, breach of the implied warranty of merchantability, and breach of the implied warranty of fitness for a particular purpose.  Hartline Barger LLP filed a motion for summary judgment on behalf of the parent company, arguing that it was not a proper party to the case because it did not operate the subject restaurant.  The trial court granted the parent company’s motion for summary judgment and dismissed the claims against it with prejudice.