Significant Victories

Appellate Victory, Kirk Pittard Lance Barclay Appellate Victory, Kirk Pittard Lance Barclay

D.A. v. Texas Health Presbyterian Hosp. of Denton, 514 S.W.3d 431 (Tex. App.—Fort Worth 2017, pet. filed)

Reversed and rendered judgment following permissive appeal, holding that section 74.153 of the Civil Practice and Remedies Code, which applies a lower “willful and wanton” standard of care to medical care provided in a hospital emergency room does not apply to medical care provided an expectant mother in an obstetrical unit.

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Appellate Victory, Kirk Pittard Lance Barclay Appellate Victory, Kirk Pittard Lance Barclay

In the Interest of H.S., a minor child, No. 02-15-00303-CV, 2016 WL 4040497 (Tex. App.—Fort Worth July 28, 2016, pet. granted) (mem. op.)

In suit affecting the parent-child relationship (SAPCR) in which grandparents sought managing conservatorship over the child, court of appeals concluded that the grandparents did not have standing to file the SAPCR because they did not have actual care and control over the child for the statutory required six months.

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Luig v. North Bay Enters., Inc., 817 F.3d 901 (5th Cir. 2016).

In a breach of contract case arising out of the sale of a helicopter, the Fifth Circuit vacated the District Court’s sua sponte grant of summary judgment against the buyer on a notice of revocation/rejection of acceptance issue never raised by the seller, finding that the District Court abused its discretion by not considering the evidence of rejection or revocation presented by the buyer in its Rule 59(e) motion.

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Archer v. Tunnell, No. 05-15-00549-CV, 2016 WL 519632 (Tex. App.—Dallas Feb. 9, 2016, no pet.) (mem. op.)

Dismissing interlocutory appeal, originating from claim that collision with cow owned by a former doctor was really a health care liability case that required a Chapter 74 expert report, and sanctioning doctor and his attorney for refusing to dismiss frivolous appeal.

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Appellate Victory, Kirk Pittard Lance Barclay Appellate Victory, Kirk Pittard Lance Barclay

Mitchell v. Satyu, No. 05-14-00479-CV, 2015 WL 3765771 (Tex. App.—Dallas June 17, 2015, no pet.) (mem. op.)

Reversing trial court’s dismissal of a medical malpractice case, concluding that trial court abused its discretion in doing so and that the Chapter 74 expert report sufficiently demonstrated a causal relationship between the physician’s negligence and the death of Mr. Mitchell.

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MBR & Associates, Inc. v. Lile, No. 02-11-00431-CV, 2012 WL 4661665 (Tex. App.—Fort Worth Oct. 4, 2012, pet. denied) (mem. op.)

Affirming a judgment for approximately $1 million based on findings of fraud, DTPA violations, and gross negligence, as well as a finding piercing the corporate veil, arising out of a contractor’s failed effort to repair a foundation that ruined a homeowner’s house.

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