CIVIL TRIAL DEFENSE

Dodson Law Offices handles the defense of civil trial matters, including personal injury, products liability, toxic torts, business and consumer litigation, breach of contract, lender liability, intentional torts, malicious prosecution, false imprisonment, fraud, insurance law, bad faith litigation, and first party insurance claims.

PERSONAL INJURY

Dodson Law Offices is experienced in a multitude of personal injury cases, including motor vehicle accidents, products liability, toxic exposures, wrongful death, premises liability cases, industrial accidents, dram shop liability, governmental liability, aviation (helicopter), assault and battery, and injuries arising from equine activities.

PRODUCTS LIABILITY

Dodson Law Offices is experienced in products liability cases, including cases involving defective design of machinery and industrial vehicles, defective manufacturing of machine parts, failure to warn/inadequate warnings on products, and toxic torts, including silica, asbestos, biological agents and exposures in the jewelry industry.

TOXIC TORTS

Dodson Law Offices has a proven track record of excellence in successfully defending toxic tort cases. Mike Dodson is recognized as an experienced defense counsel in the silicosis cases, having successfully served as lead counsel in three major silicosis trials, including the reported Supreme Court cases of Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004) (application of the sophisticated user/learned intermediary doctrine in silicosis cases) and Childs v. Haussecker (sub. nom. Humble Sand & Gravel, Inc. v. Martinez), 974 S.W.2d 31 (Tex. 1998) (criteria for the defense of limitations in latent occupational disease cases). Mike Dodson has presented the following papers at toxic tort seminars and litigation conferences:

“The Sophisticated User Defense and Duty to Warm: Current Issues After Humble Sand vs. Gomez, University of Houston Law Foundation Toxic Torts CLE 2005, June 10 & 17, 2005, Houston-Dallas, TX

“Employer Responsibility and the Sophisticated User Defense in Silicosis Cases,” Harris Martin Silica Litigation 101, February 4, 2005, Houston, TX

“The Sophisticated User Defense in Silica Cases After Humble Sand & Gravel, Inc. v. Gomez,” Mealey’s Silica Litigation Conference, New Orleans, LA, October 26, 2004;

“The Sophisticated User Defense in Silica Cases,” Harris Martin Silica Litigation Conference, Las Vegas, NV, September 29, 2003;

“The Defense of the Silica Sand Supplier,” Mealey’s Silica Conference, Boston MA, April 8, 2003.

In addition to silica cases, Mike Dodson has extensive experience in defending asbestos claims, and wrote appellate briefs in the following asbestos appeals:

1. Thibodeaux v. Fibreboard Corp., 706 F.2d 728 (5th Cir. 1983);

2. Belton v. Fibreboard Corp, 724 F.2d 500 (5th Cir. 1984); and

3. Adams v. Johns-Manville Sales Corp., 783 F.2d 589 (5th Cir. 1986).

Mike Dodson also has experience in other toxic exposure cases, including toxic exposures in the jewelry industry, and the mass tort case resulting in the reported Supreme Court decision in Am. Type Culture Collection v. Coleman, 83 S.W.3d 801 (Tex. 2002, cert denied 2003), in which approximately 1800 U.S. military veterans alleged various exposures to biological and chemical agents during the 1991 Persian Gulf War.


PREMISES LIABILITY

Dodson Law Offices has successfully defended premises liability cases, including slip and falls from substances on floors, defectively designed stairs, and dangerous conditions on industrial work sites.

FIRST PARTY INSURANCE CLAIMS

Dodson Law Offices has experience in a multitude of first party insurance cases, including home owner arson cases, home burglaries, theft of vehicles and jewelry, death of livestock, and other insurance claims.

INSURANCE DEFENSE

Dodson Law Offices has extensive experience in insurance defense cases, including claims of negligence, personal injury, wrongful death, motor vehicle accidents, products liability, design defects, manufacturing defects, breach of warranty, failure to warn, industrial accidents, toxic torts, bad faith litigation, premises liability, contractor liability, assault and battery, malicious prosecution, false imprisonment, uninsured/underinsured issues, indemnity, and construction.

BAD FAITH LITIGATION

Dodson Law Offices has experience in defending insurance companies in bad faith litigation in both state and federal court, and Mike Dodson was counsel in the reported bad faith appellate case styled Rumley v. Allstate Indem. Co., 924 S.W.2d 448 (Tex. App. – Beaumont 1996, no pet.) (Named insured, who asserted claim against spouse, thereby becoming a third party claimant, had no standing to assert a claim for breach of the duty of good faith and fair dealing).

BUSINESS AND CONSUMER LITIGATION

Dodson Law Offices has experience in business and consumer litigation, including formation of contracts, and breach of contract, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, deceptive trade practices, fraud, wrongful repossession, lender liability, and mechanic and materialmen liens. 

ADOPTIONS

Dodson Law Offices handles adoptions, name changes, correction of birth certificates, and other family related matters.

WILLS

Dodson Law Offices drafts wills and living wills, powers of attorney, and handles other probate matters

APPEALS

Dodson Law Offices is experienced in handling appeals. Mike Dodson has been involved in the following reported appellate decisions:

Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004) (Teamed with Dallas counsel). – Major toxic tort silicosis appeal, centering on the application of the sophisticated user/learned intermediary defense, and the duty to warn in a knowledgeable industry (abrasive blasting), where the hazards have been known since the 1930's, and federal regulations place affirmative duties upon the employer.

Am. Type Culture Collection v. Coleman, 83 S.W.3d 801 (Tex. 2002), cert denied 2003) (Teamed with Washington, D.C. and Brazoria County counsel) – Approximately 1800 U.S. military veterans, alleging exposures to biological and chemical agents during the Persian Gulf War, filed suit in Brazoria County, Texas, against non profit biomedical research institute from Maryland, for supplying anthrax and other biological materials to Iraq. Supreme Court ordered case dismissed for lack of personal jurisdiction.

In re Cooper, 47 S.W.3d 206 (Tex. App. – Beaumont 2001, no pet.) – Court of Appeals found trial court abused discretion in finding attorney client privilege waived through execution of assignment.

Childs v. Haussecker (sub. nom. Humble Sand & Gravel, Inc. v. Martinez), 974 S.W.2d 31 (Tex. 1998) – Silicosis case. Texas Supreme Court established criteria for limitations defense in latent occupational disease cases.

Rumley v. Allstate Indem. Co., 924 S.W.2d 448 (Tex. App. – Beaumont 1996, no pet.) – Summary judgment for insurer affirmed. Named insured, who asserted claim against spouse, thereby becoming a third party claimant, had no standing to assert a claim for breach of the duty of good faith and fair dealing.

Triplex Communications v. Riley, 900 S.W.2d 716 (Tex. 1995) – Dram shop case, in which drunk driver ran over two police officers. Supreme Court of Texas clarified application of joint enterprise theory of vicarious liability, finding no joint enterprise between nightclub and radio station who promoted long standing ladies night activity.

Williams v. Sanderson, 904 S.W.2d 212 (Tex. App. – Beaumont 1995, no pet.) – Mandamus proceeding in wrongful death case involving trial court’s order for defendant wrecker driver to undergo eye examination.

Home Indem. Co. v. Pate, 866 S.W.2d 277 (Tex. App. – Houston [1st Dist.] 1993, writ denied) – Attorney in underlying third party settlement had had no duty to workers’ compensation carrier seeking to recover lien.

Southern County Mut. Ins. Co. v. First Bank & Trust, 750 S.W.2d 170(Tex. 1988) - Defendant insurer was liable on its extension binder of insurance, because the insured had a valid binder and never authorized the substitution of insurance companies made by his agent.

Parker v. Fox Vacuum, Inc., 732 S.W.2d 722 (Tex. Civ. App. – Beaumont 1987, writ ref’d n.r.e.) – Employer liability for negligent entrustment.

Taco Bell, Inc. v. Saleme, 701 S.W.2d 78 (Tex. Civ. App. – Beaumont 1986, writ ref’d n.r.e.) - False arrest claim of teenage customer who damaged property on restaurant premises.

Harrod v. Grider, 701 S.W.2d 937 (Tex. Civ. App. – Beaumont 1985, no writ) - Summary judgment in favor of a parent host to a child social guest was proper where there was no exception to the general rule that the host owed the social guest only a duty not to injure him by willful, wanton, or gross negligence.

MEDIATIONS

In addition to his experience in litigation, Mike Dodson received his mediator training at the A.A. White Dispute Resolution Institute at the University of Houston, College of Business in 1998, and completed additional training through the Jefferson County Dispute Resolution Center in 1999.

His background in a wide range of litigation areas makes him especially well suited to serve as a mediator. He has represented both plaintiffs and defendants, and understands the dynamics and issues involved in both sides of the docket. He has extensive experience in all aspects of personal injury trial law, including automobile accidents, premises liability, products liability, dram shop, intentional torts such as assault and battery, ands he has special expertise in toxic torts. In addition, he has experience in civil and commercial cases, breach of contract, construction, fraud, RICO, insurance coverage, insurance bad faith, and other civil matters. He has mediated cases from personal injury to employment issues to construction disputes to business related matters.

“Sometimes, a mere knowledge of the law is not enough to effectively resolve disputes between parties. I believe it is important to have a good understanding of the nature of people, and the human factors that come into play in any given situation. Through my non-legal interests and experiences, I believe I have developed a good understanding of the nature of people that aids me in my work as mediator.”
Mike Dodson

MEDIATION QUALIFICATIONS

• Licensed Attorney, 1982 - Present

• Board Certified, Personal Injury Trial Law
  Texas Board of Legal Specialization

• Board Certified, Civil Trial Law
  Texas Board of Legal Specialization

• Board Certified, Civil Trial Advocate
  National Board of Trial Advocacy

• Mediator Training, A.A. White Dispute Resolution Institute University of Houston College of Business, 1998

• Mediator Training, Jefferson County Dispute Resolution Center, 1999

FAMILY LAW

Dodson Law Offices offer a host of legal services pertaining to family law, including adoptions, divorce, child custody and other family matters.

DIVORCE

Dodson Law Offices handles both contested and uncontested divorce cases, including child custody and related issues.