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DURHAM, & PITTARD, LLP

 

 

 

Kirk L. Pittard, Partner

P.O. Box 224626, Dallas, Texas 75222

214-946-8000 phone | 214-946-8433 fax

Email Kirk L. Pittard

 

Click here for Kirk's Resume

 

 

 

 

 

 

Kirk Pittard graduated from Baylor University School of Law where he served as assistant managing editor of the law review.  Kirk served as a briefing attorney for Justice Jim Moseley on the Dallas Court of Appeals from 1999-2000.  He also served as a law clerk to retired Chief Justice John Boyd of the Amarillo Court of Appeals and the late Justice Michael Sullivan of the Mississippi Supreme Court. 

 

Prior to the establishment of Durham & Pittard, LLP, Kirk was associated with Waters & Kraus, LLP, as part of the appellate group.  While at Waters & Kraus, Kirk had a trial docket of toxic tort, pharmaceutical, commercial, and class action cases.  Kirk managed the federal remand practice in certain pharmaceutical cases.  He also served as lead counsel in cases on appeal to Texas intermediate appellate courts and the Texas Supreme Court.  Kirk has successfully briefed and argued cases before Texas Courts of Appeals and the Texas Supreme Court including:

 

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.

 

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.

 

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, 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.

 

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.

 

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) (briefed response to Petition for Review).

 

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

 

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

 

Affirming a punitive damages award in an asbestos case.

 

Kirk has provided and continues to provide trial support briefing and argument in  personal injury and commercial cases, including motions for summary judgment, forum non conveniens, Robinson/Havner expert witness motions, jury charges, post trial motions, motions for remand, motions to dismiss, and motions in multidistrict litigation.  Texas Monthly has awarded Kirk the honor of being named a Texas Super Lawyers Rising Star for 2005, 2006, 2007, 2008, 2009 and 2010.

 

In 2009, the Texas Trial Lawyers Association presented Kirk with the Reich Chandler Outstanding Advocate Award, an award given for professionalism, tradition, faith, a deep commitment to justice and for maintaining an appropriate balance in life.