KELLY, DURHAM & PITTARD, LLP

 

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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 Kelly, 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:

 

Capps v. Nexion Health at Southwood Inc. d/b/a Southwood Nursing and Rehabilitation Center, No. 12-09-393, 2011 WL4637551 (Tex. App.—Tyler Sept. 7, 2011)

 

Reversing and remanding for a new trial when trial court refused to include the correct corporate entity on the jury form.

 

Salas v. Chris Christensen Systems, Inc., No 10-11-107-CV, 2011 WL 4089999 (Tex. App.—Waco Sept. 14, 2011)

 

Upholding default judgment after death penalty discovery sanctions, actual and punitive damages, and enforceability of a non-compete agreement.

 

Goodner v. Hyundai Motor Co., No. 10-10660, 2011 WL 3634166 (5th Cir. 2011)

 

Upholding jury verdict in an automobile design defect case finding circumstantial evidence to support causation and sufficient evidence of an unreasonably dangerous design and of a safer alternative design.

 

Werley v. Cannon, No. 08-09-00204-CV, 2011 WL 2224272 (Tex. App.—El Paso June 8, 2011, no  pet. h.)

 

Upholding monetary sanctions against a defense attorney who violated a court order by making ex parte contacts with a plaintiff’s treating physicians.

 

Elliot v. Hollingshead, 327 S.W.3d 824 (Tex. App.—Eastland 2010, no pet.).

 

Reversing trial court’s forfeiture of a plaintiff’s attorney’s fees.

 

In re Professional Pharmacy II, No. 02-10-163-CV, 2010 WL 3718946 (Tex. App.--Fort Worth Sept. 23, 2010, orig. proceeding).

 

           Issued mandamus requiring a jury trial rejecting argument that a signed arbitration provision constituted a jury waiver.

 

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, pet. denied).

 

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, 295 S.W.3d 346 (Tex. App.—Dallas, 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., 295 S.W.3d 642 (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, 281 S.W.3d 207 (Tex. App.--Dallas, 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, 281 S.W.3d 184 (Tex. App.—Fort Worth 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, 2010 and 2011.

 

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.