Notable Cases

  • Cause No. AP-10-306 Deirdre Worley, individually and as Co-Administrator of the Estate of Richard Dale Worley Sr. and Richard Dale Worley II, individually and as Co-Administrator of the Estate of Richard Dale Worley Sr. v. Contract Transportation Systems Co., The Sherwin-Williams Co. and Francisco Sanchez Jr., Leon County District Court, 12th

  • On July 25, 2010, plaintiff Richard Worley Sr., 63, a self-employed businessman, was driving a pickup truck towing a trailer loaded with hay from his ranch, heading east on Route 7, east of Centerville. While making a left turn onto County Road 204, he was involved in a collision with an eastbound tractor-trailer driven by Francisco Sanchez Jr., an employee of the Sherwin-Williams Co., and owned by Contract Transportation Systems. Worley was transported to the hospital where he was declared dead two hours later. Worley's family members, individually and on behalf of his estate, sued Sanchez, Sherwin-Williams and Contract Transportation, claiming Sanchez failed to keep a proper lookout and failed to control his speed and struck the driver side door of Worley's truck. Plaintiffs' counsel produced a witness who testified that Worley signaled his turn well before the intersection while Sanchez passed another vehicle and then attempted to pass Worley within 100 feet of the intersection in violation of state law. Plaintiffs' counsel argued that Sanchez failed to abide by Sherwin-Williams' own safety guidelines. Defense counsel argued that Worley's negligence was the proximate cause of the collision, claiming the hay in his trailer exceeded the legal width requirement and impaired his vision of vehicles behind him. Defense counsel denied the state law cited by the family applied. Defense counsel argued that the intersection was excessively dangerous, because the highway's passing zone was only 420 feet from the intersection. The defense filed for the designation of the state Department of Transportation as a responsible third party. RESULT: The jury found Sanchez 90 percent liable for the collision and Worley 10 percent liable. The jury awarded the plaintiffs $5,385,292, which reduced to $4,846,762.80.

  • Cause No.: 2003-49211; Stepahnie DeLoach vs. San Jacinto Methodist Hospital, Baytown Radiology Associates, Susan Baldwin, M.D., Rosalyn Gayle, M.D., Magdy Abdelsayed, M.D., Fred A. Quenzer, M.D., Jon Reed, M.D. and Krishna C. Murphy, M.D.; In the 125th Judicial District, Harris County, Texas

  • Represented plaintiff Stephanie Deloach in a medical malpractice claim against multiple health care providers for the retention of a surgical sponge after abdominal surgery. Obtained favorable confidential settlement for client.

  • Cause No.: 108229; Otis Wayne Maynard, Jr. and Georgia Maynard Individually and as next friends of Jeffrey Wayne Maynard, A Minor vs. Imperial Sugar Company, a Division of Imperial Holly Corporation; In the 240th Judicial District, Fort Bend County, Texas

  • Grimes & Fertitta, P.C., along with attorney Richard W. Mithoff, represented Otis Maynard, a laborer at an Imperial Sugar Plant in a products liability suit against Kidde Fenwal alleging a defectively designed explosion suppression system. Otis Maynard was severely burned when a sugar mill exploded. Counsel secured a $5.5 million settlement.

  • Cause No. 1999-48049; In the Matter of the Marriage of Margaret Susan Waite and Daniel Waite, Sr.; In the 311th Judicial District of Harris County, Texas

  • Counsel for petitioner Peggy Waite in a divorce proceeding to divide a multimillion-dollar community estate. Allegations of assault were made. Judgment in favor of petitioner for nearly 80 percent of the community estate and an award of $20,000 for assault. Case resulted in three published appellate opinions in petitioner's favor.

  • Cause No.: 2006-66140; Juliann Ray, Individually and as Representative of the Estate of Isaiah William Ray vs. Quality Carriers, Inc., Miracle Bulk Transportation, Inc. and Quality Distribution, Inc.; In the 129th District Court, Harris County, Texas

  • Represented plaintiff Juliann Ray and estate of Isaiah Ray in a wrongful death action against Quality Carriers. Obtained confidential settlement for clients.

  • Cause No.: 47,963-B; Academy of Skills & Knowledge, Inc. vs. Charter Schools, USA, Inc.; In the County Court at Law No. 3; Smith County, Texas

  • Counsel for Plaintiff Charter Schools against Academy of Skills and Knowledge in breach of contract for services provided. Judgment in favor of plaintiff in excess of $300,000.

  • Cause No. 2005-08443; Bret Tarver, Vickie Tarver and Bret Tarver as Next Friend of Courtney Alexis Tarver, a Minor vs. James E. McNerney, et al; In the 127th Judicial District, Harris County, Texas

  • Counsel for plaintiff Bret Tarver in a suit against James E. McNerney for legal malpractice. Mr. Tarver was severely injured and rendered a paraplegic in a workplace accident. The suit alleged that Mr. Tarver's attorney was negligent in pursuing Mr. Tarver's personal injury claims. The case was settled for a confidential amount.

  • Cause No.: 03-1690-B/C; Kari Brashears, et al. vs. Fleetwood Enterprises, Inc., et al; In the 241st Judicial District, Smith County, Texas

  • Counsel for the Brashears family, along with counsel Richard W. Mithoff in a suit against Fleetwood Enterprises, Inc. alleging that a defective travel trailer caused Mr. Brashears to lose control of his vehicle resulting in a devastating crash and the wrongful death of Mr. Brashears. The case was settled for a confidential amount.

  • Cause No.: 2003-62941; Moveforfree.com vs. David Hetrick, Inc. d/b/a Marcom; In the 151st Judicial District, Harris County, Texas

  • Counsel for defendant/ counter-plaintiff Marcom, an advertising placement and consulting agency, against Moveforfree.com for breach of contract alleging nonpayment of advertising services provided. Judgment entered in favor of Marcom in excess of $300,000.

  • Cause No.: 2003-29076; Liana S. Smith vs. Landry's Crab Shack, Inc. d/b/a Joe's Crab Shack; In the 215th Judicial District, Harris County, Texas

  • Represented Landry's Restaurant in alleged food poisoning case. Obtained summary judgment for defendant which was upheld by the 14th Court of Appeals in a published opinion.

  • Cause No. 2002-08521; Cotton Valley Compression, L.L.C. vs. Westfield Oil & Gas, Inc.; In the 151st Judicial District Court, Harris County, Texas

  • Counsel for Plaintiff Cotton Valley Compression, L.L.C., a coop of independent gas producers, against Reliant Energy Services in a suit for breach of contract alleging a failure to pay for gas delivered through their agent. Judgment in plaintiff's favor in excess of $1.3 million.