TRIAL VICTORIES

 

Adkerson Hauder & Bezney is AV rated by Martindale-Hubbell and is listed among Best's Directory of Recommended Insurance Attorneys. We have extensive experience representing clients in State and Federal trial and appellate courts and before the Texas Workers' Compensation Commission. The Firm offers its clients experience in litigation and dispute resolution and through its success has won the trust of its clients.

We have obtained major victories for our clients ...

  • Recovery of a $3.8 million summary judgment for an excess carrier on a coverage issue involving a catastrophic loss. This summary judgment was recently affirmed by the Court of Appeals and the parties settled the matter for $4.15 Million;
  • A defense verdict for a manufacturer and its distributor in a jury trial wherein the plaintiff sought damages in excess of $11 Million claiming a defect in the manufacturer's product caused fire resulting in 3rd degree burns to over 37% of his body;
  • A defense verdict for a national restaurant chain in a federal jury trial wherein the plaintiff sought damages of $15 Million on claims he suffered serious permanent injuries when a chandelier fell striking him on the head and neck;
  • A summary judgment for a contractor on claims a defective fan which resulted in a homeowner's electrocution. The estate of the deceased was seeking in excess of $5 Million in damages;
  • A summary judgment on a premise liability claim;
  • A defense verdict for a non subscriber restaurant chain in a jury trial in Johnson County on claims for food poisoning;
  • A defense verdict after a six-week jury trial on claims for $6 Million in damages on premise and product liability claims;
  • A defense verdict in a jury trial in Harris County on claims for $750,000 in damages for alleged violations of the Deceptive Trade practices Act and the Insurance Code;
  • A defense verdict in a jury trial on negligence claims for toxic exposure;
  • A summary judgment on a food poisoning claim;
  • A defense verdict on negligence claims against a non subscriber;
  • A defense verdict in a jury trial on soft-tissue injury claims involving a motor vehicle accident;
  • Recovery of a judgment for fraud on claims involving wrongful procurement of insurance benefits;
  • A favorable arbitration award of no liability in a death case involving allegations of a premise defect;
  • A defense verdict in a trial on an old law workers' compensation claim for closed head injuries.
  • A favorable arbitration award for a non subscriber rejecting an employee's claims of damages for permanent bodily injury, lifetime medical expenses, disfigurement and bad faith;

We have also obtained favorable settlements for our clients on matters involving a variety of claims for damages ranging from soft-tissue injuries to catastrophic losses.

 

Individual Victories

Darrell G. Adkerson

Darrell G. Adkerson

 

  • Successfully defended a national restaurant chain in a 2 ½ week federal jury trial where an owner of a successful asbestos abatement company claimed that the defendant’s negligence in failing to properly maintain a hanging chandelier caused it to fall and strike his head and neck, resulting in a verified broken cervical vertebra, and other injuries. Independent witnesses testified how they saw the accident occur. He claimed the injuries prevented him from continuing his asbestos abatement business, and his total damages reached $20,000,000. The Dallas Federal District jury returned a verdict of no negligence for our client.
  • Successfully defended a non-profit day care and employee from the parents of an infant child that they placed in the care and custody of the non-profit day care. An employee of our client was changing the baby’s diaper on a counter, when the baby rolled off the counter and landed on a hard floor fracturing the child’s cranium. At the jury trial, and before the jury began to hear the evidence, we filed several motions requesting the Judge to sanction the Plaintiffs for improper discovery conduct and expert witness designation. The Dallas District Judge dismissed the Plaintiffs’ lawsuit with prejudice before the jury could hear any evidence in the case.
  • Successfully represented a business partner in regards to a breach of contract and fiduciary duty, fraud, and trespass to real estate title against their ex-business partner and businesses. Our clients maintained their ex-business partner unlawfully obtained valuable income producing real estate surrounding a major sports stadium to the exclusion of our clients. After 2 years of extensive discovery and litigation in Tarrant and Dallas counties, our clients were pleased to obtain a settlement from the defendants.
  • Successfully represented a homeowner who was sued for actual and unlimited punitive damages for having sharpened metal stakes along his front yard property dividing line. The next door neighbor’s 8 year old child ran across the property line and punctured his foot. When the father of the child carried his bleeding child to our client’s front door to confront him, our client said, “It will teach the little [expletive] to keep off my lawn.” The Tarrant County jury unanimously decided our client was not liable for any damages.
  • Successfully defended an amusement park for products liability, negligence and gross negligence due to a mother and her 12 year old daughter were allegedly injured while riding a wooden rollercoaster, claiming back, neck, elbow and head injuries. The 6 week trial included testimony from biomedical engineers, product and rollercoaster ride expert witnesses. The Dallas County jury unanimously held our client was not negligent.
  • As published in the “Texas Justice,” a collection of the most famous cases tried in Texas, we represented our client against a plaintiff who claimed total and permanent disability due to allegedly permanent liver and lung damages from being required to work in a paint and coatings spray booth without protective masks for an automobile part manufacturer. It involved dueling medical doctors regarding causation. A Delta County district court jury voted 11 to 1 for a no liability verdict.
Paul A. Bezney

Paul A. Bezney

 

  • Plaintiff was injured while in the pit area at a Tarrant County speedway when a race car shot off a trailer. The Plaintiff initially demanded $1,000,000.00. Plaintiff dismissed all claims against our client during trial.
  • Successfully represented a construction company who was sued by the parents of an 18 year old who was fatally injured while playing on a piece of construction equipment at a bridge improvement project. A jury found the deceased plaintiff was trespassing and 100% negligent in causing his own accident. A take nothing judgment was entered in favor of the Defendants.
  • Plaintiff was operating a motorcycle in Hidalgo County and had a fatal crash when he entered the freeway striking our client’s tractor-trailer. A Hidalgo County jury found no fault on our client and 100% negligence on the deceased Plaintiff.
  • Plaintiff brought suit against our client a Jefferson County distributor, alleging a right knee cartilage tear injury when a 12 pack of beer fell over while being delivered to a convenience store. After all parties presented their evidence at trial, the jury found no negligence on our client.
  • Successfully represented a crude oil transportation and marketing company, whose tractor-tanker was involved in a collision with a pedestrian. Plaintiff alleged our client’s tractor-tanker hit him while he was jogging early one morning on the side of the highway. The jury rendered a verdict in favor of the Defendants finding the Plaintiff 87% negligent in causing his own accident by running in the outside lane of the highway.
  • Successfully represented a multi-purpose arena in Tarrant County from Plaintiff, who suffered a spiral fracture in her ankle while descending the stairs during a rodeo at our client's establishment. A jury found our client 0% negligent in causing Plaintiff’s injuries.
  • Plaintiff brought suit for injuries sustained when he slipped and fell in the service bay area while waiting for routine maintenance to be performed on his car. A jury found no negligence on our client in causing the accident and Plaintiffs were ordered to reimburse Defendant for court costs.
Perry J. Cockerell

Perry J. Cockerell

 

  • Successfully defended property owner insured under title insurance policy against claim by former owner to recover real property. Secured damages for client against the seller under the warranty claim and under trespass-to-try title against previous owner in the chain of title. Lombardi v. Bank of Am., 3:13-CV-1464-0, 2016 WL 7669505, at *1 (N.D. Tex. Sept. 26, 2016).
  • Successfully defended ten property owners and lenders insured under a title insurance policy in a declaratory judgment suit filed in Tarrant County by property owner to establish a sixty foot easement across clients property. The court found no basis for the claim of a sixty foot easement and granted legal fees against the plaintiff in favor of clients in recovering their costs in defending suit.
  • Successfully defended a title insurance company against a bad faith claim brought by a plaintiff claiming that the company improperly denied coverage in refusing to defend a lawsuit. The court granted summary judgment in favor of the title insurance company.
  • Successfully defended validity of home equity lien oflender against claims by borrower in bankruptcy of no-compliance with Texas home equity laws. Erickson v. Wells Fargo Bank NA., 2012 WL 4434740 (W.D. Tex. 2012).
  • Successful obtaining en bane writ of mandamus in the Fort Worth Court of Appeals to order case dismissed that was improperly reinstated by the trial court. In re Valliance Bank, 02-12-00255-CV, 2012 WL 5512455 (Tex. App.- Fort Worth Nov. 15, 2012, pet. denied).
  • Successfully defended on appeal a summary judgment in favor of title insurance company against claims brought by insured that their real property was encumbered by an easement. Straily v. Lawyers Title Ins. Corp., 12-11-00121-CV, 2011 WL 6742505 (Tex. App. -Tyler Dec. 21,2011, pet denied).
  • Successfully reversed an improper grant of summary judgment by trial court against insured defended by title insurance company. Crossland v. Berry, 13-10-217-CV, 2010 WL 5020501 (Tex. App. - Corpus Christi Dec. 9, 2010, no pet.).
  • Successfully secured legal fees on appeal for a title company who was a party to the real estate contract after litigation. Trinity Western Title Company, Inc. v. Glenn D. Thompson and james E. Phillips, No. 2-99-199-CV, 2000 WL 36719229, at *2 (Tex. App. - Fort Worth Aug. 28, 2000, no pet.)
  • Successfully secured declaratory judgment and legal fees against a judgment creditor attempting to enforce lien against subsequent purchaser's purchase of homestead property. Cadle Co. v. Harvey, 46 S.W.3d 282 (Tex. App.-Fort Worth 2001, pet. denied).
  • Secured judgment of foreclosure for lender against homestead claim of non-signature spouse to purchase money loan and deed of trust. Sk elton v. Washington Mut. Bank, FA. , 61 S.W.3d 56 (Tex. App. - Amarillo 2001, no pet.).
  • Secured reversal of judgment against title insurer for breach of contract and tort claims. Chicago Title Ins. Co. v. Alford, 3 W.W3d 164 (Tex. App.-Eastland 1999, pet. denied).
  • Successfully obtained judgment against non-resident who specially appeared and agreed to try the case and establishing limits of special appearance after default judgment. Liberty Enterprises, Inc. v. Moore Tramp. Co., Inc., 690 S.W.2d 570 (Tex. 1985).
Bernie E. Hauder

Bernie E. Hauder

 

  • Successfully represented an underlying carrier in a suit against an excess carrier after the excess carrier backed out of part of a settlement with a plaintiff who suffered paraplegia in an accident. Recovered $3.8 Million summary judgment for the underlying carrier from the excess carrier and the summary judgment was affirmed on appeal.
  • A defense verdict for a manufacturer and distributer of an air purifier on plaintiffs' claims the air purifier caught their house on fire completely destroying the house and causing 3rd degree burns over 37% of one of the plaintiff's body. Plaintiffs were seeking over $11 Million in damages.
  • Obtained summary judgment for an accidental death insurance company on a claim by beneficiaries that an insured’s death while riding a three-wheeler was death involving a passenger motor vehicle.
  • Represented nonsubscriber against employee's claim of traumatic brain injury, permanent impairment and lifetime medical expenses arising out of a work-related injury. Arbitrator found no negligence on the part of the nonsubscriber.
  • Successfully defended nonsubscriber on claims by employee that she sustained severe and permanent back injuries.
  • Obtained summary judgment for accidental death insurance company on extra-contractual claims (bad faith, DTPA and Insurance Code) beneficiary continued to pursue after claim was paid once insured provided sufficient proof of accidental death of insured.
  • Obtained dismissal of an entity that demolished bridge over interstate in suit by plaintiffs seeking recovery of damages allegedly caused by a project widening and reconfiguring the interstate.
  • Successfully defended a third party administrator against claims by a hospital that the third party administrator misrepresented coverage when a patient was admitted to the hospital and before the hospital rendered services to the patient.
  • Successfully represented a third party administrator and several ERISA plan against claims by several medical providers that they provided medical services to numerous plan participants based upon alleged representations by the third party administrator and the plan administrators/sponsors about plan provisions and coverage. Medical providers sought recovery of over $940,000.
  • Successfully represented nonsubscriber insurance company on claims by general liability excess carrier asserting nonsubscriber policy provided coverage to leased employee.
  • Obtained summary judgment for accidental death insurer that interpleaded funds when a dispute arose over the beneficiary's complicity in the insured's death. Beneficiary sued for abuse of process, libel, slander and breach of contract.
  • Obtained dismissal of claims against an accidental death and dismemberment insurance company on claims by the insured for injuries sustained when insured was assaulted. Court held policy was unambiguous and, because there was no coverage, there was no bad faith by the insurance company and no violation of the DTPA or the Insurance Code.

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