NEWS
Congratulations to DP&S lawyers Kirk Pittard and Tammy Holt who were part of a trial team lead by Steve Laird, Robert Collins, Seth McCloskey, and Bracken Millar, that recently settled a double-fatality trucking case for $19 Million (for non-economic damages only) the day before the case was set to go to trial in Tarrant County.
We are proud to announce that, on June 1, 2021, Lauren Harbour joined DP&S’s Houston office. Lauren brings significant appellate and litigation experience, having first clerked for the Texas Supreme Court before focusing on complex commercial and insurance litigation, and appeals. Lauren was named a Texas Monthly “Rising Star” from 2017-2019.
Lauen is a 2009 graduate of South Texas College of Law where she was not only an Assistant Articles Editor on the South Texas Law Review, but also a member of the Varsity Moot Court team, where she received numerous best brief and best orator awards. The National Association of Women Lawyers even named Lauren “Outstanding Student of the Year” in 2009. Since then, Lauren has been elected to the Board of Directors for the Houston Young Lawyers’ Association, is a member of the Houston Young Lawyers’ Foundation, and serves on the Pro Bono committee for Houston Bar Association’s Appellate section.
Welcome to the firm, Lauren!
Congratulations to Kirk Pittard who was named “Best Lawyer” in the Appellate category by D Magazine for 2021. This is Kirk’s 11th year to be named to the list.
Congratulations to Thad Spalding and trial counsel Jon Hanna, Robert White, and Greta Braker, who successfully convinced the El Paso Court of Appeals that summary judgment based on the Workers’ Compensation Act’s exclusive remedy provision was not proper because of fact issues as to whether killed and injured passengers’ travel from a drilling site to a bunkhouse originated in or related to Amerimex’s business. Amerimex, who previously argued that its driver who caused the crash was not in the course and scope of his employment with them, claimed that the passengers—also Amerimex employees—were in the course and scope of their employment with the company. The El Paso Court of Appeals determined that even if the driver may have been in the course and scope of his employment, that did not mean the passengers were too, given that the passengers were not paid for their travel time to the bunkhouse, were not even required to stay in the bunkhouse, and were not on the clock after they left the drill site. You can see Thad’s oral argument here, and read the court of appeals opinion here.
DP&S is proud to announce that every lawyer in our Santa Fe office has been named Southwest (Arizona and New Mexico) “Super Lawyers” for 2021, an honor based on professional achievement and peer recognition.
This is Rosalind Bienvenu‘s first year to be named a “Rising Star”! Roz was one of only six attorneys named “Rising Star” in the Appellate category, and one of only four in New Mexico.
This is Caren Friedman‘s 15th year to be named a “Super Lawyer” in the Appellate category. Caren is one of only seven New Mexico attorneys, and the only one from Santa Fe, to be named to the list.
Justin Kaufman was named a “Super Lawyer” in the Plaintiff’s Products Liability category. This is Justin’s 5th year to be named to the list, and he is one of only two New Mexico attorneys, and the only Santa Fe attorney, to be listed in this category.
Congratulations to Dana Levy who convinced the El Paso Court of Appeals to reverse a summary judgment granted in favor of an oil well services company and against our injured client. The court found fact issues as to the company’s liability for a collision caused by one of its workers, who was returning to remote well site after purchasing necessary supplies. Specifically, the court found that the existence of an employment relationship and whether the worker was acting in the course and scope of his employment were questions that needed to be answered by a jury. You can see Dana’s oral argument here, and read the court’s opinion here.
Once again, DP&S was proud to sponsor the Ultimate Writer Competition at Baylor Law School. Students compete not only for a cash prize, but also the opportunity to interview for a possible internship with our firm. This year’s winners were William de los Santos, first place; Grace Bregard, second place; Catherine Helm, third pace; and Timothy Phillips and Tom Evans, honorable mentions. You can read more about the winners and the competition here.
Congratulations to Tammy Holt who successfully defeated a Mandamus Petition filed by a Defendant claiming that In re North Cypress entitled him to broad medical expense discovery and claiming that the doctor’s objections should be overruled because (1) he sought the amounts actually reflected as payment in full on the doctors’ books (as opposed to seeking insurance reimbursement rates), and (2) the parties subpoenaed were experts because they were testifying regarding future medical expenses. In denying the petition, the court held that In Re North Cypress was “readily distinguishable” did not allow discovery “of the fees charged and accepted from other patients for the same medical services that were provided or recommended to the plaintiff.” You can read the 13th Court’s opinion here.
Congratulations to Lana Beverly who, along with trial counsel, Brian Steward, successfully defended the medical expert report by a radiologist who testified regarding another radiologist’s failure to diagnose the plaintiff’s breast cancer. On appeal, Lana persuaded the court that the expert radiologist was qualified to provide a causation opinion regarding the delayed cancer diagnosis and that the expert radiologist’s opinion that the delayed diagnosis permitted the progression of metastatic disease was adequate to satisfy the causation standard for purposes of Chapter 74. You can read the Court’s opinion here.
DP&S was in the Texas Supreme Court twice this week! Thad Spalding, along with co-counsel, Tex Quesada, argued Tuesday on behalf of an injured worker in a case dealing with a general contractor’s right of control over a worksite. You can see the argument here. The next day, Kirk Pittard argued a case addressing medical record affidavits and the standards applicable to counter-affidavits under a Texas statute. You can see Kirk’s argument here.