Sample Case Results
Attorney Glenn J. Fahl, of Fahl & Donaldson, PLLC, has tried more than 75 cases to verdict. Following are some highlights and results. A full case list is available upon request.
Death
Commercial Motor Vehicle turning left at night across a divided highway. Deceased under rode trailer. Defense Verdict. No negligence on Defendant driver and company. (Cravens)
Death
Commercial Motor Vehicle turning left in the fog across a 4-lane highway. Deceased under rode trailer. Defense Verdict. No negligence on Defendant driver and company. (Mata)
Serious Injury
Commercial Motor Vehicle. Defendant driver going through intersection striking Plaintiff who was working on traffic light above intersection in bucket of a bucket truck. Driver Defendant not present at trial nor any deposition testimony. Defense Verdict. 89% negligence on Plaintiff. Recovery barred. (Robledo)
Serious Injury
School bus accident with SUV during lane change. $150,000 medical for rotator cuff repair and total knee replacement. Defense Verdict. 51% negligence on Plaintiff. Recovery barred. (Ortegon)
TBI
Dump truck stopped on Bridge Channel Bridge and rear ended by car with back seat passenger sustaining TBI (Plaintiff Attorney argued severe/Defense Counsel argued moderate). Demand of $4.4 million. Successful result. Defendant driver found only 30% at fault for a $466,000 judgment. (Jehanger)
Serious Injury
Truck Trailer automobile accident. The Defendant was spraying green hydro-mulch on the side of a 50-mph feeder road. Insured Defendant Driver of the Defendant’s truck was intoxicated at 11:30 in the morning. He had two workers behind the truck holding the spray hose in the inside lane of three possible lanes. There were no cones or vests or flag men. The Plaintiff, a 71-year-old, drove into the back of the trailer killing one worker and injuring himself with $375,000 in medical bills. The jury found 80% negligence on the Plaintiff an 20% negligence on the Defendant. Defense Verdict: No recovery based on comparative negligence of the Plaintiff. (Ainsworth)
Serious Injury – Motorcycle / Cow:
The Plaintiff was traveling at 4:30 a.m. on a 55mph state highway and hit a cow that was crossing the road with several other cows. He suffered a broken jaw in two places and was life flighted. The plaintiff alleged that the Defendant owned the cow and that it came from one of his many leases near the road. They introduced non-specific incidents of other cow sightings in the area for the past 6 months. Defendant had a lease from where he had removed his cattle. He had allowed a friend to put that friend’s cattle on the lease at no charge. He had other leases but had not had any missing cattle. A fence on the lease with his friend’s cattle was taken down by the Flood Control District. The friend did not have insurance and was non-suited the eve of trial. Plaintiff claimed that the cow was either under the control of Defendant in a joint enterprise with his friend or was actually a cow of Defendant’s from another track and he had disposed of the cow to avoid it being identified. There was a Policy limit demand for $1,000,000 pre-trial. The plaintiff had specials of $150,000. Defense Verdict: No negligence by 10-2 verdict. (Newlin)
Death – Commercial Motor Vehicle accident:
Tractor Trailer was passing a vehicle in the left lane of a 4-lane highway divided by a concrete barrier. The trailer swung over the barrier pulling the tractor and slid into oncoming traffic killing the driver of a pickup truck. The widow and two adult sons filed suit alleging negligence and excessive speed. Defendant driver appeared by deposition at trial. Lowest Demand: $750,000. Pre-trial offer: $255,000. Jury found no negligence on Defendants (10-2 verdict). Zero award. Defense Verdict: No Negligence on Defendant driver. (Moore)
Death – Commercial Motor Vehicle:
Truck pulled out from stop sign to cross highway in front of 21-year old deceased traveling on highway who was killed in accident. Only child of mother and adoptive father plaintiffs. $375,000 offer rejected by plaintiff day of trial. Jury placed 45% negligence on deceased and 55% negligence on truck driver and company. Net award $204,000. Successful result: Award $171,000 less than settlement offer. (Huling)
Fire/Property Damage Retailer/Dealer Liability:
RV that burned: Plaintiff bought RV from Defendant who subsequently repaired several problems. The RV later burned engulfing the Plaintiff’s house and pickup. Plaintiff settled with manufacturers of RV and component parts. Tried case against Defendant retail dealer. Defense verdict: No Defendant negligence. After two appeals, Defense counsel obtained a Motion for Summary Judgement recovering all defense costs and prejudgment interest based on retailer indemnity statute. (Hardsteen)
Death
Commercial Wrecker Defendant driver hit a 78-year-old man on a moped. Plaintiff’s alleged faulty brakes on Defendant. Defendant alleged that Plaintiff pulled out in front of him without enough distance to stop. Defense verdict – No negligence on Defendant driver. (Costello)
Plaintiff Verdict
ALLSTATES CHEM PROFITS SHARING PLAN ET AL v. BARKLEY, CHARLES
Plaintiff, a pension plan, represented by Mr. Fahl, sought to recover $65,000 on a note signed by Barkley’s agent and attorney fees. Barkley’s agent borrowed money from Plaintiff’s pension plan to make cattle purchase; Barkley questioned agent’s authority and power of attorney. Barkley’s autobiography contradicted his testimony. Plaintiff verdict. Award: $102,210
Construction
Following are sample case results for attorney R. Kelly Donaldson, of Fahl & Donaldson, PLLC. A full case list is available upon request.
Delay, Disruption & Extra Work – Sitework & Stabilization
Trial in Jefferson County, Texas
Contractor, represented by Mr. Donaldson, sought recovery of damages for delay, disruption and extra work from the owner’s third party engineer arising out of the construction of a new chemical plant. The engineer attempted to determine the volume of lime placed by the contractor (6% specification) by only testing the PH of the soil, resulting in placement of three times the amount of lime when compared to the standard calculation method (length, width, depth and volume of lime placed). The Contractor also incurred three times the as-planned labor costs and three times the time to complete the project. Jury award in excess of $1,000,000 in favor of the Contractor.
Delay, Disruption & Extra Work – Defective Industrial Coatings
Trial in Jefferson County, Texas
Contractor, represented by Mr. Donaldson, sought recovery of damages from a coating manufacturer for supplying defective industrial coatings applied by Contractor to petroleum storage tanks. The defective coating was difficult to apply, and “sloughed off” soon after application, resulting in delay and disruption to contractor’s (and owner’s) project schedule. Contractor had to remove and replace the defective coating. Jury verdict in favor of Contractor.
Failure To Pay For Specially Fabricated Steel
Trial in Harris County, Texas
Fabricator of specially fabricated steel, represented by Mr. Donaldson, sought recovery of the contract balance due for steel ordered by the contractor for a new commercial building. Award in favor of Fabricator.
Defective Construction – Noncompliance With Contract Documents
Trial in Hardin County, Texas
Owner, represented by Mr. Donaldson, sought recovery of damages from the contractor for the cost to complete and the cost of repair of work that did not conform to the requirements of the contract documents. Jury award in favor of Owner.
Defective Construction – Moisture Intrusion
AAA Arbitration – Houston, Texas
Owner, represented by Mr. Donaldson, sought cost of repair damages from the contractor arising out of defective construction, which resulted in moisture intrusion. Moisture intrusion occurred due to incorrect installation of the moisture barrier in the wall system, assembly and installation of the windows inconsistent with the manufacturer’s recommendations, substandard installation of flashing, and defective installation of seals & sealant at wall and roof penetrations. Arbitration award in favor of Owner.
Defective Design – Foundation Failure
AAA Arbitration – Houston, Texas
Owner, represented by Mr. Donaldson, sought recovery of damages from the architect arising out the defective design of a new addition to a medical facility. The architect’s design of the foundation for the new addition utilized a different foundation system than the original building, resulting in differential movement between the original building and the addition. This differential movement caused severe structural damage to both structures. Arbitration award in favor Owner.
Breach Of Employment Contract, Libel & Slander, Business Disparagement And Tortious Interference With Business Relations
Trial in Harris County, Texas
Dispute between two oilfield service companies arising out of the breach of an employment agreement by a key engineer who went to work for a competing oilfield service company. The original employer of the engineer, represented by Mr. Donaldson, filed suit against the engineer and his new employer. The engineer and new employer filed a counterclaim alleging libel, slander, business disparagement and tortious interference with their relationship with their bank. After a very contentious five-day trial, the Court ordered all parties to “go home — you had your fistfight!”