Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W. Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

dlevy@dpslawgroup.com

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Dana Levy, Of Counsel

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Publications & Presentations

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Significant Cases

Barfield v. Sandridge Energy, Inc., No. 08-17-00059-CV, — S.W.3d —, 2019 WL 6681967 (Tex. App.—El Paso Dec. 6, 2019, no pet. h.)

Reversing summary judgment in electrocution case, finding fact issues regarding property owner’s control of the manner in which plaintiff’s work was performed, and that property owner had actual knowledge of the danger associated with requiring that plaintiff work on energized electrical lines—the two elements necessary to hold a property owner liable under Chapter 95 of the Texas Civil Practice and Remedies Code.

Morris v. Ponce, 584 S.W.3d 922 (Tex. App.—Houston [14th Dist.] 2019, pet. filed)

In matter of first impression, affirming denial of Chapter 74 motions to dismiss filed by newly-added nurses, holding that for purposes of section 74.351(a), an action does not commence as to each defendant until it is first named as a defendant.

Hulsey v. Attalla, No. 01-18-00189-CV, 2019 WL 3484082 (Tex. App.—Houston [1st Dist.] Aug. 1, 2019, no pet. h.) (mem. op.)

Affirming judgment following a jury trial concerning personal injuries suffered in an automobile collision.  In addition to rejecting the defendant’s many challenges to the jury’s causation and damage findings, the court of appeals also rejected an evidentiary argument regarding the improper admission of liability insurance, concluding that the defendant failed to show that the admission of such evidence caused rendition of an improper judgment.

Bay Oaks SNF, LLC v. Lancaster, No. 18-0793 (Tex. June 21, 2019)

Successfully defeated a healthcare provider’s petition for review to the Texas Supreme Court by providing merits briefing demonstrating that because the expert report satisfied Chapter 74 of the Texas Civil Practice and Remedies Code’s requirements regarding standard of care and causation as to an estate’s survival claim, the trial court did not abuse its discretion by also allowing a wrongful death claim to proceed.

Mitropoulos v. Pineda, No. 01-17-00795-CV, 2018 WL 6205855 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018, no pet. h.) (mem. op.)

In dispute between commercial property neighbors, successfully convincing the court of appeals to reverse and render a take-nothing judgment on a jury verdict awarding lost rental income for breach of a settlement agreement, finding legally insufficient evidence to support the loss of rental income damage award.

Littell v. Houston Indep. Sch. Dist., 894 F.3d 616 (5th Cir. 2018)

Reversing the dismissal of a civil rights case arising out of a sixth-grade assistant principal’s “mass, suspicionless strip search of the underwear of twenty-two preteen girls” in an effort to find a missing $50, finding that the search violated the girls’ constitutional rights under Texas and federal law.

Garcia v. Wal-Mart Stores Texas, L.L.C., 893 F.3d 278 (5th Cir. 2018)

Reversing summary judgment in a slip-and-fall case, finding that circumstantial creation evidence—evidence that the owner of a premises created the dangerous condition—can support an inference of knowledge on the part of the owner.

McRay v. Dow Golub Remels & Beverly, LLP, 554 S.W.3d 702 (Tex. App.—Houston [1st Dist.] 2018, no pet.)

Successfully reversed summary judgment awarding law firm unpaid attorney’s fees based on law firm’s failure to conclusively establish the reasonableness of fees charged to its former client.

Glenn v. Leal, 546 S.W.3d 807 (Tex. App.—Houston [1st Dist.] 2018, pet. filed)

Affirming judgment in favor of the plaintiff in a medical malpractice case, and in the process refusing to apply Texas Civil Practice and Remedies Code section 74.153’s willful and wanton negligence standard to emergency medical care provided in an obstetrical unit where the patient is not first evaluated in an emergency room.