Congratulations to Jason Gibson and Casey Jordan of The Gibson Law Firm who, along with the help of Peter Kelly, successfully prosecuted a wrongful death case against Manhattan-Vaughn on behalf of Angel Garcia’s family. Angel Garcia was killed on December 4, 2013, during the construction of Kyle Field. His family filed suit, and on February 10, 2016, the jury awarded Garcia’s family $54 million. You can read more about the case in the Houston Chronicle here.
Congratulations to Kirk Pittard and Leighton Durham who successfully convinced the Dallas Court of Appeals to not only dismiss an appeal, but to sanction both the defense attorney and his doctor client for pursuing a frivolous appeal. The “cow in the road” appeal, which stems from serious injuries our client suffered when he ran into a cow owned by a former doctor, began when the former doctor argued that, simply because he was a doctor, the personal injury case was actually a healthcare liability claim which required a Chapter 74 expert report. The trial court denied the doctor’s motion, and the doctor appealed. Following the Texas Supreme Court’s opinion in Ross v. St. Luke’s Episcopal Hospital, 462 S.W.3d 496 (Tex. 2015), Leighton sent opposing counsel a letter notifying him that, in light of Ross, the appeal was frivolous and should be dismissed. When he refused to do so, Kirk and Leighton asked that the appeal be dismissed and that they be awarded all attorneys’ fees incurred in defending the frivolous appeal. On February 9, 2016, the Dallas Court of Appeals agreed that the appeal was frivolous and sanctioned both the defense counsel and the doctor. You can read about the case in the Texas Lawyer here, or Law360.com here. A copy of the court’s opinion can be found here.
KD&P is pleased to welcome its newest associate, Dava Greenberg-Spindler, to the Dallas office. Dava is a native San Antonian, and a 2015 graduate, magna cum laude, of Texas Tech University School of Law. Welcome to the firm Dava.