Dodson Law Offices, P.C. Attorneys at Law

As a "small" defense firm, Dodson Law Offices, P.C., has a "big" reputation in the litigation arena. Set forth below is a sampling of jury trials defended by Mike Dodson and the firm, as well as reported appellate decisions:

JURY TRIALS

NEGLIGENT DEMOLITION 2003

Texas Gulf Seafood, Inc. v. Fichera Builders, Inc. -- 10^th District Court, Galveston, County, Texas -- Defense of building/demolition contractor in factually complex trial involving demolition of a building following what was alleged to have been suspicious fire at a seafood warehouse.

PRODUCT DESIGN DEFECT 2002

Williams v. Scranton Manufacturing Co., Inc. -- 136^th District Court, Jefferson County, Texas -- Defense verdict for manufacturer of garbage truck compacting unit in design defect case, where Plaintiff sustained seriously disabling injuries to both hands when they became entangled in compactor unit.

WRONGFUL DEATH 2001

Peveto v. Christus St. Mary Hospital, -- 58^th District Court, Jefferson County, Texas -- Defense verdict for general contractor in wrongful death case in which elderly patient at hospital died seven hours after a heavy storage cabinet fell on top of her. The storage cabinet had been unbolted from the wall by sub contractors during construction renovations.

MALICIOUS PROSECUTION 2001

Gajeski v. Wal-Mart - U.S. District Court, Beaumont, Texas -- Defense of malicious prosecution claim against retailer, by plaintiff who was prosecuted for return of forged check.

NEGLIGENCE (MOTOR VEHICLE) 2000

Bellard v. Schrimsher -- 136^th District Court, Beaumont, Texas -- Successful defense of motor vehicle accident case. Plaintiff's verdict for significantly lower damages than offered in settlement.

PREMISES LIABILITY 2000

Cowart v. Wal-Mart - U.S. District Court, Beaumont, Texas -- Defense verdict in slip and fall case against major retailer.

TOXIC TORT (SILICOSIS) 1999

Gomez v. Humble Sand & Gravel, Inc. - 60^th District Court, Beaumont, Texas -- Major toxic tort trial, resulted in adverse jury verdict, giving rise to significant appellate case on the issue of the sophisticated user/learned intermediary defense. See listing of Recently Reported Appellate Cases.

RECENTLY REPORTED APPELLATE CASES

TOXIC TORTS -- SILICOSIS

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.

PERSONAL JURISDICTION -- GULF WAR CASE

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.

MANDAMUS -- DISCOVERY

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.

TOXIC TORTS -- LIMITATIONS

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.

INSURANCE BAD FAITH -- THIRD PARTY CLAIMANT

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.

VICARIOUS LIABILITY -- JOINT ENTERPRISE

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.

Principal Office: 8245 Gladys, Suite 102, Beaumont, Texas 77706
Telephone: 409-861-4141 Fax: 409-861-0033

This web site is designed for general information only. Dodson Law Offices is responsible for the content of website. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.