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Mary Ibarra-Myers has been a civil trial attorney for more

than 30 years.

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Fee, Smith, Sharp & Vitullo, Attorney, Mary J. Ibarra-Myers

Mary J. Ibarra-Myers

Senior Counsel

T: 512-479-8400     F: 512-479-8402     mmyers@feesmith.com

PRACTICE AREAS

Personal Injury

Business

Commercial

Property

Trucking

Insurance

Contract

Products Liability

Construction Law

 

 

EDUCATION

 

BS Biology and Chemistry (St. Mary’s University), BS Nursing (University of the Incarnate Word (formerly Incarnate Word College), Masters candidate for MS Nursing (neurosurgical) (Texas Womens University), Juris Doctor (St. Mary’s University School of Law)

 

 

BAR ADMISSIONS

 

Texas

 

 

COURT ADMISSIONS

Texas State Courts

 

Admitted to practice before the Western, Southern and Northern Districts of Texas.

 

 

PROFESSIONAL

AFFILIATIONS

 

State Bar of Texas

 

San Antonio Bar Association

 

American Association of Nurse Attorneys

 

Western District Bar Association

 

American Association of Critical Care Nurses

Mary Ibarra-Myers has been a civil trial attorney for more than 30 years.  She completed undergraduate studies in Biology, Chemistry and Nursing and currently focuses her trial practice in the areas of contracts, commercial and personal injury litigation (1st and 3rd party), insurance coverage and regulatory issues, construction law, professional liability, corporate, trucking and commercial litigation, health, property and oil and gas law. Licensed to practice law in both the Texas state and federal courts, Mary is also a Registered Nurse and is specialty-certified in Critical Care with emphasis on neurosurgical nursing. She has also been certified in Advanced Cardiac Life Support.  She has served the practice of law as an officer in General Counsel to United Service Automobile Association, Staff Counsel to Liberty Mutual, SAFECO Insurance Companies and Hartford Insurance and as a trial attorney in private practice.  Mary has been admitted pro hac vice for trial in several large loss claims including RICO, Insurance Good Faith and Class action matters.  She has successfully participated as an amicus drafter in cases that involved 3rd party bad faith (Watson v. Allstate, 876 S.W.2d 145 (Tex. 1994)), Stowers (Heather Harris and USAA v. Balderas, 27 S.W.3d 71 ([4th Dist.] 2000) and Bleeker v. Trinity Universal, 966 S.W.2d 489 (Tex. 1998)) and multiple claims (Texas Farmers Insurance v. Soriano, 844 S.W. 2d 808 (Tex. 1993)).   Mary trained through American Mediators Institute and has served as a mediator in many complex litigation lawsuits.

 

Mary created the National Pre-Suit Mediation Program that received the Outstanding Bar Project and Outstanding Partnership Project from the American Bar Association.  She was a Family Life columnist for years with the San Antonio Express-News and was awarded the Eva Braun Outstanding Nurse Award during her nursing practice.  Mary has also served Bexar County, Texas as a Civil District Attorney.

 

Mary was born in Anchorage, Alaska to an Air Force Officer who was a decorated WWII strafer and bomber pilot with the Pacific 501st (Army/Air Corp) who served under General Curtis LeMay.  She came to Texas as quickly as possible where she enjoys life with 5 successful adult children, her Louisiana-born husband, one grandson and as many foster dogs as her husband will let her bring home.

 

 

 

Representative matters and victories include

 

Quiznos Sandwich shop v. Two Broadway Commons, 2013-CI-02777, Bexar County, Texas:  Lease dispute involving use of commercial property- Granted partial summary judgment and remaining issues resolved by jury verdict for our client (no liability).

 

Avery v. State Farm Mut. Auto. Ins. Co., No. 91494, 2005 WL 1981444, (Ill. Aug. 18, 2005) (amicus):  Supreme Court of Illinois reversed and rendered a $1.05 billion verdict against the carrier for use of after-market parts in its repairs holding that same did not constitute either breach of contract or fraud.

 

Guzman v. Marek Bros., 2016-CI-20996, Bexar County, Texas:  Court granted Plea to Jurisdiction on OCIP policy, finding that construction worker/subcontractor failed to exhaust his administrative remedies.

 

Edward Jones v. Stewart Center, Inc.:  Large commercial roof claim related to installation of cable dish services installed for financial services relied on contract language of lease to establish summary judgment for our client as to liability for all but a maintenance claim which was resolved for nuisance value

 

Pauli and Torres v. Hayes: Property claim for installation of large tennis court- neighbor sought recovery in excess of $2million dollars.  Water claim dismissed on summary judgment and jury awarded Plaintiff $25,000 against our client which was successfully reversed and rendered on appeal.

 

Eoff v. Sid Peterson Hospital, 811 S.W.2d 187 (Tex. 1991): medical malpractice case in which Plaintiff left our hospital during a heart attack against medical advice.  Summary judgment granted on the Restatement 324b claim (“Good Samaritan”) and jury came back with a take nothing verdict affirmed by the 4th COA and the Texas Supreme Court.

 

Gonzales v. Ramirez, 04- CV-17-00223: Intervenors are descendants of landowner who owned property in the Lopeno/Bob Wells gas fields- established line of ownership dating back to the 1756 gift of Spanish King to clients’ ancestors.  Currently pending before Supreme Court.

 

Carpin Mfg v. McGuire, 2016 - 3717-5, McClenahan County:  Consumer/product case - Plaintiff was moving an automatic adjustable bed which was on casters provided by our client.  She lost her balance and fell, resulting in a 7-level fusion which repeatedly failed due to non-calcification and osteomyelitis.  Our client was dismissed on summary judgment as Plaintiff failed to establish that the casters were improperly designed or manufactured.

 

Ibarra v. Hunter, 2015-CI-04801:  Our client’s 300-year old Texas live oak was threatened by her neighbor who “came to the nuisance” by building his house under the trees ample boughs.  Partial summary judgment granted and bench trial resulted in court finding that the tree was entitled to an aerial easement which could be, and was, recorded in the Bexar County property records.  This case made law and has been repeatedly cited by cities and other interested property owners to preserve and protect historical trees.

 

Safeco v. Allstate, No. 04-09-00322-CV.:  Insurance policy interpretation case in which our client’s summary judgment was denied then favorably reversed and rendered by the 4th court of appeals and the Texas Supreme Court, making law on the question of whether the insuring agreement “follows the driver or the car.”

 

Gonzales v. Saaeco, 392 S.W.3d 803 (Tex. 2012)  Premises defect case in which $6m verdict against our client was reversed and rendered as Plaintiff refused to submit a theory of liability to the jury charge, Defendant submitted negligence and the claim was a premises defect.  The court held that the Plaintiff’s failure to submit the proper claim resulted in res judicata and no recovery for finding of negligence.

 

Carrales v. (confidential), 2014-CI-02257, Bexar County, Texas:   Partnership dispute- our client was ousted by partner in multimillion dollar security business.  On eve of trial, ousting partner agreed to buy out our client’s interest at full value of his partnership interest.  This court was mandamused by the Defendant (ousting partner) four times on discovery issues.  Each time, our client prevailed with the 4th court of appeals.

 

Lone Star Handgun v. Hedrick, 2017-CI-09897, Bexar County:  Easement case – our client established his gun range business at the end of a 20’easement which dated back to 1880. His neighbors argued that the business in the unzoned property area was never anticipated by the preceding owners when they transferred the property.  The deeds and titles were traced all the back to 1880 through the present day and, considering same, the court interpreted the ancient language in each to conclude that summary judgment was proper for our client, granting the full right and use of the easement and saving his business.

 

Hernandez v. Pella, D1GN17003748 (Travis County):  Maintenance worker was moving client’s glass door at a resort when same allegedly fell on him causing a closed head injury.  The court granted two summary judgment for our client dismissing Plaintiff’s claim of inadequate warnings and claim of agency, which resulted in a full dismissal of our client from the matter.

 

 

 

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