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As a "small" defense firm, Dodson Law
Offices, P.C., has a "big" reputation in the litigation arena.
Mike Dodson and Dodson Law Offices handle a variety of complex and
challenging litigation matters. The following is a representative
sampling of selected cases of interest:
Litigation Matters
WRONGFUL DEATH ELECTROCUTION [2010] --Wrongful
Death case in Rusk County, Texas, involving the electrocution of an
oilfield worker who came into contact with significantly damaged and
compromised electrical cable to a centrifugal pump.
WRONGFUL DEATH MOTOR VEHICLE/PREMISES [2010]
--
Multiple fatality motor vehicle accident in Atlanta, Texas, involving
the deaths of three teenagers and injury to a fourth. Plaintiffs
allege negligent design of ingress and egress from convenience store
parking lot onto major highway. Case filed in Brazos County,
Texas.
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Related MANDAMUS PROCEEDING In re Seven-O Corporation,
289 S.W.3d 384 (Tex. App. - Waco 2009,
original proceeding) involving the disqualification of attorney
who was representing both the plaintiffs and third party defendants
at the same time. Related original mandamus proceeding also
filed in Texas Supreme Court [2010].
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Related VENUE APPEAL in
Waco Court of Appeals [2010]
WRONGFUL DEATH DROWNING [2010]
- Suit against lake resort property in Orange County, Texas,
alleging negligence in drowning death of nine year old child.
HURRICANE RITA INSURANCE FRAUD
[2010] - Suit in which insured manufactured receipts for
additional living expenses, and submitted to insurance carrier for
reimbursement. Case on remand from reversal of summary judgment.
See Temcharoen v. United Fire Lkoyds, 293 S.W.3d 332 (Tex. App. -
Eastland 2009, pet. denied).
SILICOSIS AND SCLERODERMA [2010]
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Complex toxic tort case in Joplin, Missouri involving plaintiff who
worked in animal feed supplement and fertilizer plant and claimed to
have developed silicosis and scleroderma from the inhalation of silica
in the workplace. Case involved application of sophisticated
user/learned intermediary defense.
FAILURE TO DISCLOSE [2010]
- Complex multi-party suit against interim seller of lake property
on Lake Livingston, Texas, in which plaintiffs alleged seller failed to
disclose material defects in foundation.
PREMISES LIABILITY
[2010] - Suit against lake resort in Jasper County, Texas by
guest who step onto allegedly rotten wooden steps on golf course, which
gave way, causing guest to fall.
SILICOSIS [2009] -
Suit by 54 year old former abrasive blaster with complicated silicosis
and massive progressive fibrosis, filed in Ector County' Texas. Case
involved the application of the sophisticated user/learned intermediary
defense with a knowledgeable employer.
LENDER LIABILITY [2008]
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Complex commercial
lender liability case in U.S. District Court in Beaumont, Texas by
developer client against mortgage lender for breach of contract in
failing to convert construction loan to permanent financing.
Sanctions entered against lender when it was uncovered during discovery
that lender failed to disclose incriminating documents, and later erased
computer hard drives after U.S. Magistrate ordered that they be
produced.
MOTOR VEHICLE ACCIDENT [2008]
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Favorable defense result in trial of motor vehicle accident case in
Jefferson County, Texas, which plaintiff claimed serious and disabling
injuries from minor impact accident.
HELICOPTER CRASH [2007]
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Complex helicopter design defect case in Nueces County, Texas,
representing survivor of helicopter crash in the Gulf of Mexico.
NEGLIGENT DEMOLITION [2003]
- Defense of building/demolition contractor in factually complex
trial in Galveston County, Texas, involving demolition of a building
following what was alleged to have been suspicious fire at a seafood
warehouse.
PRODUCT DESIGN DEFECT [2002]
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Defense verdict in Jefferson County, Texas, 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
compacting unit.
WRONGFUL DEATH [2001]
- Defense verdict in Jefferson County, Texas, 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 contractor during
construction renovations.
SIGNIFICANT APPELLATE CASES
INSURANCE
FRAUD / ANTI-TECHNICALITY STATUTE
Temcharoen v. United Fire Lloyds, 293 S.W.3d (Tex. App. - Eastland
2009, pet. denied) -- Hurricane Rita insurance claim involving the
application of the anti-technicality statute to void a policy when an
insured admittedly manufactured receipts seeking re-imbursement of
additional living expenses.
ATTORNEY
DISQUALIFICATION
In re Seven-O Corporation, 289 S.W.3d 384 (Tex. App. - Waco 2009,
original proceeding) -- Mandamus proceeding to disqualify an
attorney who was representing both the plaintiffs and third party
defendants in the same case.
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.
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