Client Log In

Keep up with news, media coverage, announcements

and exclusive events.

September, 2022

The U.S. 5 th Circuit Court of Appeals Affirms District Court Granting Summary Judgment in Favor of Fee, Smith & Sharp’s Client in Texas Nonsubscriber Case.

 

On September 2, 2022, Senior Partner Jeff C. Wright and Senior Appellate Counsel Timothy R. George prevailed against Plaintiff’s appeal to the United States Court of Appeals for the Fifth Circuit. Plaintiff, a mechanic, brought various negligence claims against his employer (a Texas nonsubscriber, and one of the world’s largest equipment rental companies) after he slipped and fell on rainwater that allegedly seeped into his work bay. Plaintiff alleged that his employer failed to provide necessary instrumentalities, failed to train, failed to supervise, and committed other failures related to the workplace. Employer denied liability. Wright filed a Motion for Summary Judgment as to all claims and causes of action arguing that Plaintiff’s premises liability claims and workplace safety claims fail as a matter of law. On July 16, 2021, the district court in the Northern District of Texas granted summary judgment in favor of Defendant and dismissed the suit. Plaintiff timely appealed after the district court denied reconsideration. The US Fifth Circuit Court of Appeals reviewed the granting of summary judgment de novo. Following full briefing and oral argument, the United States Court of Appeals affirmed the district court’s granting of summary judgment in favor of Fee Smith & Sharp’s Texas nonsubscriber client.

 

 

 

August, 2022

Senior Partner Jeff C. Wright and Senior Associate Efrain Forte Win Summary Judgement in South Texas for Trucking Client in a Nonsubscriber, Wrongful Death and Survival Action Lawsuit

 

On August 2, 2022, Senior Partner Jeff C. Wright and Senior Associate Efrain Forte, III, of the Fee, Smith & Sharp firm obtained Final Summary Judgment in favor of their national trucking client, in a nonsubscriber wrongful death and survival sction lawsuit that was pending in McAllen, Texas. Plaintiffs asserted a multimillion dollar wrongful death and survival action against our trucking client, alleging that Decedent driver was an employee of the trucking company and that the trucking company’s negligence proximately caused the death. In short, Plaintiffs alleged that defendant trucking company was negligent in allowing, permitting, enticing or ordering Decedent to drive in excess of permitted hours and while Decedent had an alleged debilitating and/or disqualifying medical condition/fatigue. On behalf of our client, we denied any negligence. After three years of litigation and completion of fact and expert discovery and depositions, Wright and Forte moved for summary judgement on all of Plaintiffs’ claims and causes of action. In a lengthy 19-page opinion, the Court granted final summary judgment in favor of Defendant as a result of finding that (1) Plaintiffs lacked medical evidence and expert testimony sufficient to sustain their claims of negligence premised under the theory that the driver suffered from a medical condition and (2) Plaintiffs’ fatigue claims faltered since there was insufficient evidence placing the element of proximate cause in genuine dispute. This ruling should prove to be helpful to all motor carriers who are Texas nonsubscribers, since the defenses to these employee-related claims are limited.

 

 

 

July, 2022

Fee Smith Gets Defense Verdict in Labor and Employment Dispute

 

Senior Partner Howard J. Klatsky obtained a Final Judgment in Brazos County, in favor of client Knife River Corporation-South. The Plaintiff, who worked as a Sales Manager for the client, claimed that he was owed a five-figure bonus payment and sought to recover the amount, plus attorney’s fees. Knife River Corporation-South asserted a number of affirmative defenses and prevailed on the merits at trial.

 

 

 

March, 2022

Fee Smith Obtained a Take Nothing Award for Their Client, Defending Against a Construction Defest Claim

 

After a multi-week arbitration in Galveston County, Texas, Senior Partner, Brian Cano and associate, Hugh Baker obtained a take nothing award for their client, defending against a construction defect claim.

 

 

 

October, 2021

Texas Court of Appeals Reverses Trial Court in Favor of Fee, Smith, Sharp & Vitullo Client.

 

Fee, Smith, Sharp & Vitullo prevailed in an appeal to the Court of Appeals for the Second District of Texas in Tarrant County. The trial court held that the Defendant was acting in the course and scope of his employment while driving a vehicle owned by the company and awarded the Plaintiff substantial damages.  The client appealed the trial court order that the evidence was neither legally nor factually sufficient to support the jury’s verdict that the Defendant was acting in the course and scope of his employment at the time of the collision

 

The Court of Appeals reversed, holding that the evidence did not support the jury’s verdict on course and scope of employment, rendering that Plaintiff take nothing.

 

 

 

September, 2021

Congratulations to the newest Texas Super Lawyers Honorees.

 

Thomas W. Fee, Brian G. Cano, Daniel M. Karp, Howard J. Klatsky, Bret A. Sanders and William M. Toles

 

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

 

 

 

 

 

 

 

 

Information

877-FEESMITH

info@feesmith.com

 

Follow Us

Locations

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

Austin - 5301 Southwest Parkway / Suite 460 / Austin, Texas 78735 / 512-479-8400 / 512-479-8402 fax

Houston - 2777 Allen Parkway / Suite 800 / Houston, Texas 77019 / 713-362-8300 / 713-362-8302 fax

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.

©2022 Fee, Smith & Sharp LLP All Rights Reserved.