Kelly Walker has experience in a wide range of commercial, product liability, premises, professional liability, construction defect, transportation and personal injury matters.

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Fee, Smith, Sharp & Vitullo, Attorney, Kelly C. Walker

Kelly C. Walker

Senior Counsel

T: 972-934-9100     F: 972-934-9200     kwalker@feesmith.com

EDUCATION

 

Southern Methodist University Dedman School of Law,

J.D., 2002

  • National Order of Barristers: Recognized as one of the top 10 individual oral advocates of law school graduating class
  • Finalist and Best Brief Winner in the Howie & Sweeney Moot Court Competition
  • Member, SMU Mock Trial Competition
  • Member, National Mock Trial Team
  • Member, ATLA Mock Trial Team
  • Member, National Criminal Procedure Moot Court Team

 

Trinity University, B.A.,

Political Science and Communication, 1999

 

 

PROFESSIONAL

AFFILIATIONS

 

American Bar Association

 

Dallas Bar Association

 

Dallas Trial Lawyers Association

 

State Bar of Texas

 

Transportation Lawyers Association

 

Women in Trucking Association

 

COURT ADMISSIONS

 

State Courts of Texas

 

State of Texas,

Certified Attorney Ad Litem

 

U.S. Court of Appeals

for the Fifth Circuit

 

U.S. District Court for the

Northern District of Texas

 

U.S. District Court for the

Southern District of Texas

 

U.S. District Court for the

Eastern District of Texas

 

U.S. District Court for the

Western District of Texas

Kelly C. Walker is a passionate civil litigator with a committed dedication to representing her clients successfully from the pre-trial phase of litigation to the courtroom and, when necessary, in an appellate setting. Experience representing both plaintiffs and defendants gives her a unique perspective and the ability to advance her clients’ interests while being sensitive to their litigation goals. She has experience in a wide range of commercial, product liability, premises, professional liability, construction defect, transportation and personal injury matters.

 

Ms. Walker tries cases to North Texas juries on both the plaintiff and defendants’ side of the courtroom. Her experience covers the gamut from motions for summary judgment to discovery hearings, as well as jury trials.

 

Ms. Walker assists in transportation code issues as well as manages necessary attorney review for the compliance process. She is known for her in-depth transportation industry knowledge and keen eye for details. She has practiced law for 14 years and is a fierce advocate of protecting her clients’ interests.

 

In 2017, Ms. Walker was named by D Magazine as one of the Best Lawyers in Dallas, as nominated by her legal peers. She has also been named a “Texas Rising Star” in 2011-2012 and 2014- 2017 by Thomson Reuters as published in Texas Monthly magazine, an honor reserved for 2.5 percent of lawyers in the State of Texas under 40 years old.

 

 

Representative Experience

 

Commercial Litigation

  • Represented Defendant in case involving claims of conversion, conspiracy and breach of commercial lease agreement. Defendant's verdict plus award of attorney fees.
  • Represented Plaintiff landlord in breach of lease agreement and Forcible Entry and Detainer. Plaintiff’s verdict for damages, attorney fees and eviction of tenant.
  • Represented Defendant real estate partnership and management company for breach of contract. Limited Plaintiff’s recovery to a fraction of the damages sought.
  • Represented Defendant in injunctive proceeding for slander and conversion. Defeated TRO and injunction; obtained sanctions against Plaintiff for filing.
  • Represented Plaintiff for conversion, constructive trust, breach of fiduciary duty and fraud. TRO was granted and an injunction entered against Defendant to prevent transfer of assets.
  • Represented Plaintiff in injunction action involving real estate fraud, breach of contract and conspiracy in high-stakes business deal. Obtained injunctive relief and settled at mediation favorably for client.
  • Represented multiple Defendant partnerships against TRO and injunction involving claims of breach of partnership agreement and breach of fiduciary duty. Case resolved at mediation.
  • Represented Defendant lending institution in case involving constructive trust and breach of contract. Plaintiff’s verdict, but no award of damages.
  • Wrote arbitration briefs in environmental clean-up case involving substantial damages claim regarding an alleged toxic waste dump in Alabama.

 

Construction Litigation

  • Represented Defendant construction company against breach of contract claim. Defendant's verdict plus award of attorney fees.
  • Represented Defendant subcontractors on multimillion-dollar alleged construction defect for a luxury condominium building involving a wrap policy.
  • Represented Defendant oil drilling company in personal injury and property damage case when subcontractor’s error in pressurizing the well caused the Plaintiff’s damages.

 

Personal Injury

  • Successful jury trial representing Defendant moving van company resulting from car accident; jury found 50 percent negligence on both Plaintiff and Defendant driver; jury awarded Plaintiff less than 5 percent of his requested damages.
  • Litigated to successful resolution multiple trucking cases involving significant injuries and fatalities across the State of Texas from inception of suit to resolution at mediation.
  • Litigation representing various construction companies in defending personal injury cases with injury to invitees, trespassers, employees and subcontractors.

 

Real Estate Litigation

  • Represented Plaintiff in case involving fraud, real estate fraud, breach of contract. Plaintiff’s verdict for damages, exemplary damages and attorney fees. Handled case solo from initial DTPA letter through judgment.
  • Represented Plaintiff in case involving breach of a mineral lease agreement. Plaintiff’s verdict for damages and attorney fees. Handled case solo from filing of petition through judgment.
  • Successful mediation representing property owner in breach of commercial lease; settled for all past-due rent plus attorney fees.
  • Successful mediation homeowner's suit for real estate fraud; settled by buying back property and paying damages.

 

Products Litigation

  • Represented Defendant, a national manufacturer, in action for breach of contract, quantum meruit, and fraud. Plaintiffs sought in excess of $4 million business deal. Verdict less than 25 percent of what Plaintiffs requested. Successfully wrote and argued JNOV and Motion for New Trial, further reducing the award by more than $350,000, including striking one cause of action and reducing attorney fees both at trial and for appeal by approximately $250,000.
  • Represented Defendant products manufacturer in multimillion-dollar case. Prepared all the pre-trial filings: exhibits, deposition designations, jury charge, motion in limine, coordinated witnesses and experts. Settled three days before trial setting.

 

Professional Liability

  • Represented Defendant real estate agents in bad-faith cases failing to renew policies or omissions.
  • Represented Executive Director of nonprofit, successfully obtaining summary judgment in a will contest.

 

Will, Trust and Guardianship Litigation

  • Represented Proposed Ward in contested guardianship involving capacity and asset allocation. Obtained directed verdict after four days of trial testimony. Award of attorney fees and costs; appealed to the Dallas Court of Appeals; dismissed and payment of attorney fees and costs.
  • Represented Beneficiary, a nonprofit, in multimillion-dollar will contest, including mandamus.
  • Represented Contestant in case involving breach of fiduciary duty claims and partition of real estate. Contestant's verdict for damages and removal of executor; affirmed on appeal.
  • Successful mediation representing accountant who was the executor of an estate defendant against allegations of breach of fiduciary duty; resolved in client's favor and attorney fees were paid by contestant.

 

 

 

Information

877-FEESMITH

info@feesmith.com

 

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Locations

Dallas - Three Galleria Tower / 13155 Noel Road / Suite 1000 / Dallas, Texas 75240 / 972-934-9100 / 972-934-9200 fax

Austin - 1801 S MoPac Expressway / Suite 320 / Austin, Texas 78746 / 512-479-8400 / 512-479-8402 fax

Houston - 2727 Allen Parkway / Suite 1880 / Houston, Texas 77019 / 713-362-8300 / 713-362-8302 fax

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