This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

DURHAM, & PITTARD, LLP

 

Home Attorneys Areas Of Practice Publications Significant Cases Contact Directions Testimonials
Significant Cases
Smith v. Shipp, No. 05-09-01204-CV, 2010 WL 2653733 (Tex. App.—Dallas July 6, 2010, no pet.).
Reversing a case that had been dismissed for want of prosecution.

 In re John Deere Co., No. 08-1076, 2009 WL 4877773 (Tex. Dec. 18, 2009) (orig. proceeding) (per curiam).

Rejecting John Deere’s argument that a discovery order covering multiple makes and models of equipment was overly broad and unduly burdensome and establishing that a defendant bears the burden of proving the bases for objections raised in discovery.

 City of Irving v. Seppy, Cause No. 05-09-00017-CV, 2009 WL 4042902 (Tex. App.—Dallas Nov. 23, 2009, n.p.h.).

Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity.

Vestal v. Wright, No. 2-08-237-CV, 2009 WL 2751020 (Tex. App.—Fort Worth Aug. 31, 2009, no pet. h.).

Affirming denial of a doctor and his urology group’s motion to dismiss based on a challenge to an expert report in a medical malpractice case.

 Reeder v. Trinity Industries, Inc., 294 S.W.3d 851 (Tex. App.—Dallas 2009, pet. Denied)
Reversing a summary judgment and an $829,816 judgment on counterclaims asserted against a plaintiff in a commercial real estate case.

Wal-Mart Stores Texas, LP v. Crosby, No. 05-08-01107-CV, 2009 WL 2343262 (Tex. App.—Dallas, July 31, 2009, pet. denied).
Upholding an $869,200 judgment for personal injuries sustained when the plaintiff was hit in the back by a pallet jack being driven by a Wal-Mart employee.

 Ferguson v. Building Materials Corp., No. 08-0589, 2009 WL 1901639 (Tex. 2009).

Reversing a summary judgment granted against a personal injury plaintiff based on the doctrine of judicial estoppel due to an inadvertent omission in a bankruptcy filing.

 Pinnacle Anesthesia Consultants, P.A. v. Fisher, No. 05-07-01042-CV, 2009 WL 1801032 (Tex. App.—Dallas June 29, 2009, n.p.h.).

Affirming an $8.5 million judgment in favor of a physician who was wrongfully terminated from his practice group.

In the Matter of B.B.M., No. 05-08-501-CV, 2009 WL 1801035 (Tex. App.—Dallas June 24, 2009, no pet. h.).

Reversing a jury verdict in which a jury had awarded managing conservatorship of a child to a non-parent couple instead of to the natural father.

 UHS of Timberlawn, Inc. v. S.B., a Minor, No. 05-08-00222-CV, 2009 WL 445615 (Tex. App.--Dallas Feb. 24, 2009, pet. denied).

Affirming denial of a motion to dismiss based on a challenge to an expert report in a medical malpractice case.

Benish v. Grottie, No. 2-08-148-CV, 2009 WL 417264 (Tex. App.—Fort Worth Feb. 19, 2009, pet. denied).

 Affirming denial of motion to dismiss based on challenge to an expert report in a medical malpractice case. Also holding that an expert need not opine as to willful and wonton negligence in a chapter 74 report despite argument that case is governed by the Emergency Room statute.

 Knapp v. Wilson N. Jones Mem'l Hosp., 281 S.W.3d 163 (Tex.  App. —Dallas 2009, no pet.).

Reversing and remanding a $1,070,643 judgment based on a counterclaim asserted against the Plaintiff for claims of breach of contract, breach of fiduciary duty, fraud, and negligence.

 Turner v. Hendon, No. 269 S.W.3d 243 (Tex. App.--El Paso 2008, pet. denied).

 Reversing and rendering a judgment based on legally insufficient evidence in a case involving a challenge to a deed conveying real property.

 Lanphier v. Avis, 244 S.W.3d 596 (Tex.  App.--Texarkana 2008, pet. dism’d by agr.).

Affirming a trial court's denial of a defendant's motion to dismiss in a medical malpractice case.

 Boulle v. Boulle, 254 S.W.3d 701 (Tex. App.--Dallas 2008, pet. denied).

 Successfully protected a judgement rendered after a jury trial in a complicated commercial suit involving    more than $250 million in alleged damages.

 Plano Parkway Office Condominiums v. Beaver Properties, 246 S.W.3d 188 (Tex. App.--Dallas 2007, pet. denied).
Reversing a summary judgement in a case of first impression involving the interpretation of the Texas Condominium Act.

 Perez v. Kleinart, 211 S.W.3d 468 (Tex. App.--Corpus Christi 2006, no pet.).   

          Reversing a defense verdict in a personal injury case and remanding for a new trial.
Mireles v. Ashley, 201 S.W.3d 779 (Tex. App.--Amarillo 2006, no pet.). 

Reversing and remanding the trial court's granting of a no evidence summary judgment in a negligent hiring case.

Dallas County v. Hughes, 189 S.W.3d 886 (Tex. App.--Dallas 2006, pet. denied).

Affirming the denial of Dallas County's Plea to the Jurisdiction.

Akins v. Radiator Specialty Co., No. Civ. A 3:05-451, 2006 WL 285044 (W.D. Pa. Sept. 29, 2006).

Granting the Plaintiff’s motion for remand in a toxic tort Benzene exposure case based on a lack of complete federal preemption.

 Audino v. Raytheon Company Short Term Disability Plan, et al, 2005 WL 846234, No. 04-10729 (5th Cir. 2005).

Obtained reversal of a summary judgment granted against a plaintiff in an ERISA benefits dispute action.

 Carroll v. Bank of New York, 2005 WL 241224, No. 10-03-00319-CV (Tex. App.--Waco Feb. 2, 2005, no pet.).

Appeal of a forcible entry and detainer action.

 Zurich American Ins. Co. v. Gill, 173 S.W.3d 878 (Tex. App.--Fort Worth 2005, pet denied).

Affirming claim for workers compensation benefits when carrier does not comply with statutory deadlines for denying a claim.

Lisanti v. Dixon,  147 S.W.3d 638 (Tex. App.--Dallas 2004, pet. denied).

Affirming a punitive damages award in a Sabine Pilot wrongful termination case.

Ugarte v. Gallardo, 145 S.W.3d 272 (Tex. App.--El Paso 2004, pet. denied). 

Involved the reversal of a dismissal of a medical malpractice case concerning the adequacy of a 4590i expert report.

 Hoffman-LaRoche, Inc. v. Kwasnik, 109 S.W.3d 21 (Tex. App.--El Paso 2003) (orig. proceeding).

Successfully defended a trial court's order denying Hoffman-LaRoche, Inc.'s special appearance.

 Moore v. Brown & Root, 92 S.W.3d 848 (Tex. App.--Texarkana 2002, pet. denied).

Affirming a punitive damages award in an asbestos case.