In Jasek v. Texas Farm Bureau Underwriters, the Court held that the Seller of used personal property was not liable to the Buyer for alleged misrepresentations posted by the third party online auction service. Jasek v. Tex. Farm Bureau Underwriters, No. 14-19-00759-CV, 2022 WL 364050, at *1 (Tex. App.—Houston [14th Dist.] Feb. 8, 2022, no
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Lenders Awarded $58 Million Against Business Owner for Breach of Personal Guaranty
By Dane Patrick
In this case, “[t]wo lenders seek to collect more than $58 million from Michael Lockwood.” Lockwood Int’l, Inc. v. Wells Fargo, Nat’l Ass’n, No. 20-40324, 2021 WL 3624748, at *1 (5th Cir. Aug. 16, 2021)). The case arises out of a personal guaranty and forbearance agreements signed by Lockwood guaranteeing his companies’ $90…
5th Circuit Upholds Judgment for Conspiracy to Commit Fraud & Theft
By Dane Patrick
Introduction. A party can be held liable for conspiracy to commit fraud and theft, even if the party did not commit all of the underlying bad acts. Bates Energy Oil & Gas, L.L.C. v. Complete Oil Field Servs., L.L.C., No. 20-50952, 2021 WL 4840961, at *1 (5th Cir. Oct. 15, 2021). In this case, the…
Company Not Liable for Employee’s Negligent Operation of Company Vehicle
By Dane Patrick
Introduction. In Texas, an employer is vicariously liable for the negligence of its employee, acting within the course and scope of employment, resulting in injuries to a third party. In the automobile accident case of EAN Holdings, LLC v Arce, 636 S.W.3d 290 (Tex. App.- Fort Worth 2021, pet. denied), the Fort Worth Court of…
Texas Supreme Court Overturns Bulk of $59.1 million Jury Verdict Rendered for Construction and Maintenance Company
By Dane Patrick
Introduction. The Texas Supreme Court (SCOTX), in Signature Indus. Services, LLC (SIS) v. Int’l Paper Co. (IP), reduced the $59.1 million jury award to just under $1.8 million. [638 S.W.3d 179, 186 (Tex. 2022)]. The jury’s verdict was largely based upon consequential damages sustained by SIS as a result of IP’s breach of contract. SCOTX…
Court Finds that Decedent Revived his 2001 Will by his 2016 Hand-Written Notation
By Dane Patrick
Introduction. In the Estate of Wlecyk, the trial court found that the Decedent revived his 2001 Will by making a 2016 hand-written notation on the Will that it stands. [No. 01-19-00299-CV; 2021 WL 1537489 (Tex.App.–Houston [1st Dist.] April 20, 2021, no pet.)]. This resulted in Decedent’s estate passing to his children in equal shares rather…
Court Denies Architects’ and Engineer’s Motion to Dismiss Property Owner’s Construction Defect Lawsuit
By Dane Patrick
Introduction. A property owner must file a certificate of merit with its construction defect lawsuit based upon errors or omissions committed by architects or engineers. The failure to do so as required by Chapter 150 of the Texas Civil Practices & Remedies Code will result in dismissal of the lawsuit. In Res. Planning Associates, LLC…
SCOTX Upholds Jury Verdict Favoring Workers Injured by Live Power Line above Owner’s Property
By Dane Patrick
The Los Compadres case, decided by the Supreme Court of TX (SCOTX), addresses Chapter 95 of the Texas Civil Practices & Remedies Code. This important statute sets the minimum criteria that must be met to hold a property owner liable for injuries sustained by a contractor’s employee performing construction work on the property owner’s premises.…
City not Immune from Contractor’s Lawsuit for Unpaid Grading Work
By Dane Patrick
Introduction. Doing business with a governmental entity can be tricky business because of the doctrine of governmental immunity. If this doctrine applies, the governmental entity may escape liability for harm it causes to others. Recently, the City of Carrolton filed a plea to the jurisdiction claiming that it was immune from a lawsuit filed by…
The Supreme Court of Texas Upholds Trial Court’s Summary Judgment in Favor of Contractor Sued by School District for Installation of Defective Artificial Turf
By Dane Patrick
Introduction. A couple of years ago this blog discussed the construction defect case, Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., in which the Pleasant Grove Independent School District sued its general contractor, Altech, Inc., and the manufacturer, FieldTurf USA, Inc., in connection with the installation of a defective artificial turf system as part…