(Trucks and Buses)
Premises Liability/Retail Litigation
Commercial Business Litigation
Paul M. Hebert Law Center, Louisiana State University, J.D., 1991
Louisiana State University, B.S., 1987
AV Preeminent Rated by Martindale-Hubbell
Board Certified Personal Injury Trial Law since 1998
American Board of Trial Advocates (ABOTA)
Selected Texas Super Lawyer by Texas Monthly Magazine, Personal Injury Defense, 2005-2018
Voted Best Lawyer by
D Magazine 2013 and 2014
Fellow of the Texas Bar Foundation
Fifth Circuit Court of Appeals
U.S. District Court
Northern District of Texas
U.S. District Court
Southern District of Texas
U.S. District Court
Eastern District of Texas
U.S. District Court
Western District of Texas
"Litigating the Catastrophic Injury Case"
"Handling Trucking Litigation in Texas"
Tom Fee represents companies and individuals in high-exposure and high-profile disputes in federal and state courts throughout the United States. Mr. Fee has been litigation and lead trial counsel for clients in a broad range of matters including personal injury torts involving catastrophic injury or death, professional liability, construction defect matters and commercial business litigation. Mr. Fee litigates lawsuits involving major transportation accidents, construction accidents and defects, premise liability and inadequate security cases, products liability, and matters involving commercial and business disputes. He regularly serves as lead trial counsel for companies and individuals facing multimillion-dollar exposures.
Mr. Fee is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is recognized by Martindale-Hubbell as an AV Preeminent attorney, and was selected as a Texas Super Lawyer (top five percent) from 2005 through 2016. Voted Best Lawyer by D Magazine 2013 and 2014. Mr. Fee is also a member of the American Board of Trial Advocates (ABOTA).
Tom Fee has been lead trial counsel in excess of 60 jury trials in multiple state and federal court venues. Mr. Fee’s trial experience has allowed him to develop the ability to accurately evaluate the outcome in a lawsuit, which provides a solid foundation to counsel clients on their potential resolution of disputes through alternative dispute mechanisms, such as mediation. Mr. Fee is regularly retained directly by clients who are either self-insured or maintain a high self-insured retention to protect their interests in high-profile and high-stakes litigation.
Mr. Fee has extensive experience in litigating cases arising from major commercial transportation accidents involving allegations of Federal Motor Carriers Safety Regulations violations, construction accidents involving allegations of OSHA violations, road construction accidents involving issues concerning the Manual on Uniform Traffic Control Devices, and accidents arising from the installation and operation of various private and public utilities, including electric, gas, water and broadcast tower utilities services. Mr. Fee has also litigated numerous large exposure cases across Texas involving products, and professional and premise liability matters. Due to his courtroom experience, Mr. Fee is regularly retained as lead trial counsel for a number of the firm's corporate clientele to represent them in various commercial business disputes. Tom Fee’s ability to assess the value of a case in the early stages of litigation and to implement an aggressive strategy in order to litigate the case at the time of trial or to force settlement is appreciated by his clients.
Murphree v. Betty Monroe, Site Concrete, Austin Bridge & Road, Decatur, Wise County, Texas. Defense verdict on behalf of client, Austin Bridge & Road, in a case involving a collision between two vehicles in a road construction zone, which resulted in a severe permanent brain injury to Plaintiff. Judgment awarded against Co-Defendants in excess of $23 million.
Butler v. Chad Rehrig, Ben. E. Keith Co. Fort Worth, Tarrant County, Texas. Defense verdict on fatality case arising from an auto-pedestrian accident in Denton, Texas.
Nichols, et al. v. Young Contractors, et al., Franklin, Robertson County, Texas. Defense verdict on quadruple fatality case allegedly arising due to negligent truck routing with respect to the Highway Widening Project.
McBride v. Aggregate Haulers, Juan Torres, et al., Decatur, Wise County, Texas. Lead trial counsel obtaining defense verdict on behalf of client, Dowdy Ferry Sand and Gravel, in a case involving a collision between three rock haulers that resulted in one death and significant injuries to two other drivers. Judgment awarded against Co-Defendants in excess of $6 million. Defendant’s Motion for Summary Judgment regarding “Statutory Employee” issue upheld on appeal. Defense verdict on behalf of Dowdy Ferry on remaining issues. See Omega Contr., Inc. v. Torres, 191 S.W.3d 828, 2006 Tex. App. LEXIS 2781 (Tex. App.-- Fort Worth 2006, n.p.h.).
Bobby Davis v. Bamford, Inc. and the Estate of Michael L. Packer. Obtained $10.6 million dollar verdict in Federal District Court in Omaha, Nebraska, for Plaintiff Bobby Davis who sustained catastrophic injuries resulting from a trucking accident.
Jane Doe, Individually and as Next Friend of Minors v. Boys and Girls Club of Wichita Falls, Wichita Falls, Wichita County, Texas. Rape of a 10-year-old girl at Defendant’s facility by Defendant’s part-time summer employee, who was convicted of aggravated sexual assault of a minor child and sentenced to life in prison in the preceding criminal trial; defense verdict on behalf of Boys and Girls Club.
Ford v. Southwest Sports Group/Texas Rangers Baseball, Fort Worth, Tarrant County, Texas. Inadequate security case brought by major league umpire, total knee replacement; defense verdict on behalf of Southwest Sports Group.
McGowan v. Tractor Supply. Forklift accident in Defendant’s distribution center rendering Plaintiff a comlete quadraplegic. Jury awarded Plaintiff a $12 million dollar verdict which the Waco Court of Appeals reversed and rendered a Take Nothing Judgment in favor of client Tractor Supply.
Representative Matters and Significant Cases
Behm/Decamillis v. Summit, Dallas Cowboys. Architectural, design and building professional liability. This case involved the collapse of the Dallas Cowboys practice facility, causing significant personal injury damages.
Silva v. Rich. Legal professional liability. This case involved an underlying serious personal injury case in which legal counsel missed the statute of limitations. (Resolved by settlement well below policy limits and significantly less than demand).
Robinson v. Paragon, Home State. Insurance professional liability. This case involved allegations of the breach of the Texas Stowers/bad faith doctrine resulting in more than $1 million in damages assessed against the insured after a trial on the merits.
Columbrito v. Medicus, Medeley & Associates. Insurance broker professional liability. This case involved allegations that the type and scope of medical malpractice insurance requested was not provided due to alleged flaw in the overlapping of coverage. The underlying tort lawsuit resulted in a verdict in excess of $22.5 million, and assignment was made to the underlying Plaintiffs to proceed against the brokers and carriers. (FSSV won summary judgment, and same is now pending appeal.)
Pawlik and Sanderson v. Atmos Energy Corp., Johnson County, Texas. House explosion allegedly due to gas leak from Defendant's gas distribution line resulting in two deaths and three other serious burn injuries.
Stout, et al. v. Rockmore’s Discovery Tours, Green’s Transportation, et al., Dallas, Dallas County, Texas. Tour bus accident resulting in the death of four minor children and significant injuries to 32 others. Total judgments entered against Co-Defendant in the case in excess of $80 million.
Jackson v. Warren Equipment, et al., Lovington, Lea County, New Mexico. Transportation accident resulting in three fatalities and allegations of numerous violations of the Federal Motor Carrier Safety Regulations.
Archey v. Shuttle King, Marshall, Harrison County, Texas. Tour bus accident resulting in death of one passenger and major injuries to numerous others.
Burkhardt v. Spectrasite, Corpus Christi, Nueces County, Texas. Collapse of a broadcast 1,000-foot communication tower resulting in the death of three tower technicians.
LeMaster v. ACE Cash Express, Dallas, Dallas County, Texas. Shooting death of an employee by a third-party criminal and personal injury claim of mother who was also shot outside client’s business establishment.
Alvarado v. Hester Properties, et al., Dallas, Dallas County, Texas. Electrocution death of 16-year-old female in an apartment complex swimming pool resulting in a confidential seven-figure settlement.
Henshaw v. Madison Bar & Grill, et al., Granbury, Hood County, Texas. Alleged Texas Dram Shop violation resulting in the death of Plaintiffs’ mother in subsequent motor vehicle accident.
Figueroa v. R.J. Griffin and Cives Corporation, Houston, Harris County, Texas. Construction accident involving sub-contractor’s employee being rendered a quadriplegic as the result of a fall during erection phase of building.
Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization.
As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used or construed as legal advice.
No attorney-client or confidential relationship is or should be formed by use of this website. The content of the pages of this website is for your general information and use only. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
©2018 Fee, Smith, Sharp and Vitullo LLP All Rights Reserved.
Website Designed by PiGi