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PHMY News 2010
PHMY Obtains Summary Judgment on behalf of Local Credit Union.
Godfrey v. Security Service Federal Credit Union
August 16, 2010. District Judge Strauss granted summary judgment in favor of Security Service Federal Credit Union on all claims brought by a Houston-area plaintiff. The plaintiff, a former account holder with the credit union, sued it for breach of contract, breach of warranty, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing and DTPA violations. Security Service Federal Credit Union asserted both traditional and no-evidence grounds for summary judgment, and Judge Strauss granted the motion, in its entirety, following a hearing in Bexar County District Court. Security Service Federal Credit Union was represented by PHMY lawyers Grant McFarland and David Montpas.
Summary judgment in favor of Hyundai Motor America
August 13, 2010 – State District Judge Lorraine Raggio granted summary judgment in favor of Hyundai Motor America in a product liability action in Dallas County. The plaintiff alleged she was injured as a result of a defective steering mechanism in a 2008 Hyundai Elantra. The automobile accident occurred on Interstate 405 in Los Angeles, California. PHMY moved for summary judgment on the basis that the plaintiff had no evidence of a defect in the Elantra. David Prichard represented Hyundai Motor America along with Avis Rent-a-Car Systems, LLC and PV Holding Corp.
PHMY Successfully Defends Defense Verdict on Appeal to the United States Court of Appeals for the Fifth Circuit
Tracy Price v. American Honda Motor Co., et al.
June 29, 2010 -- The United States Court of Appeals for the Fifth Circuit affirmed a defense verdict in favor Honda that PHMY obtained in April 2009. In that lawsuit, the plaintiff alleged she was ejected from her Honda Civic due to a defect in the seatbelt buckle that allowed it to become unlatched during an accident. PHMY Partners Jeff Hawkins and Grant McFarland tried the case in April 2009 in federal court in Amarillo, Texas. United States District Judge Mary Lou Robinson entered a take-nothing judgment in favor of Honda based on the jury’s finding that the plaintiff was not actually wearing the seatbelt she claimed was defective.
The plaintiff appealed arguing the jury was prejudiced by the admission of evidence that she used illegal drugs in the days before the accident. Affirming the judgment in favor of Honda, the Court of Appeals stated the evidence was offered not to discredit the plaintiff’s testimony but to show she caused a one-car accident. In addition, the Court of Appeals found that the plaintiff failed to show any harm by the admission of the evidence.
PHMY attorney David Montpas was the lead appellate lawyer for Honda, and he argued the appeal before the Court of Appeals on June 8, 2010.
PHMY wins a products liability trial as a matter of law with a Directed Verdict.
March 11, 2010 -- PHMY partner, Tony Avey successfully argued to San Antonio Federal Judge Xavier Rodriguez that Dorel Juvenile Group, deserved judgment as a matter of law at the end of Plaintiff’s case. Plaintiff alleged his Cosco ladder’s feet were defectively designed, causing him to fall off the ladder and suffer serious injuries. However, during three days of trial, Plaintiff failed to offer a safer alternative design. Plaintiff’s expert testified to various elements of a design which could be incorporated into the ladder. Avey successfully argued that by merely listing elements rather than a complete design, the expert’s testimony did not meet the threshold for safer alternative design as required by Texas law.
Judge Rodriguez, who had never granted a Directed Verdict in a civil case before, agreed with Avey and granted Dorel’s motion. Since all of Plaintiff’s claims rested on the design defect allegation, the Court’s ruling ended the trial and resulted in a judgment for the defense.
Houston Jury returns a Defense Verdict in less than one hour.
March 10, 2010 -- David Prichard tried a product liability case to a defense verdict this week in Houston. Plaintiff alleged her Hyundia was defective because the driver side air bag in the vehicle inadvertently deployed and injured her. The vehicle was parked in her driveway and no crash preceded the deployment. After all the evidence was presented the jury disagreed and returned a unanimous defense verdict in less than one hour in Judge Ramos’ 55th Judicial District Courtroom.
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