Fletcher Farley Newsletter

June 2020

"Do not withhold good from those to whom it is due, when it is in your power to act."

Proverbs 3:27

Greetings from Mike Shipman

We are all hopeful and confident thatthe worst of COVID-19 is behindus. Having said this, it remainsimportant for us all to stay diligent andcontinue safe practices in oureveryday lives. There is no questionthat the quarantine we have beenfaced with the past few months hasbeen challenging for all of us. It is alsotrue that the quarantine has had, andwill have, a significant effect on the practice of law formany months to come. Over the past few months we havegone from attending mediations, depositions, andhearings in person, to having them held on Zoom. Somehave found this to work well, others not so well. We havealso now been told by the Texas Supreme Court that, forthe most part, there will be no jury trials until at leastAugust, 2020. Throughout it all, we at Fletcher Farleyhave continued to be successful in representing ourclients and will continue doing so. I hear some people saythat this is the new normal. I hope this is not the case. Iwant to believe we will get past this. I realize everyone’snormal might not be the same and so, whatever yournormal is, I hope you are back to it very soon. We trulyappreciate your continued faith in our firm and therelationship we have with each of you. Stay safe andenjoy your summer!!

Behind theScenes

Our new barrier isup in the

reception area ofthe Dallas office

to keep ouremployees and

clients safe. Anne Meadows, our Dallas office receptionist,is the smiling face behind the glass.

17th Annual AdvancedInsurance Law Course

Craig Reese recently spokeo n construction liability andcoverage cases along withco-presenter Travis Brownat the State Bar of TexasAdvanced Insurance LawCourse.

You can register for thewebcast replay on July 23-24, 2020 here.

Behind the Scenes

Craig Reese is in the officeworking hard on hispresentation while keepingsafe with his Fletcher Farleybandana.

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Late to the Party

Ashley MacNamara

The Texas Supreme Court has recentlyhad the chance to again consider thetiming of a defendant’s designation ofresponsible third parties. A responsiblethird party is “any person who isalleged to have caused or contributedin any way the harm for which recoveryof damages is sought.” TEX. CIV.PRAC. & REM. CODE § 33.004. Whena defendant properly designates aresponsible third party, a jury is allowed to considerwhether that party caused or contributed to the injury,potentially shifting or decreasing the liability placed on thedefendant. Regarding the timeliness of the designation ofsuch a party, the rule states that the motion for leave mustbe filed more than 60 days prior to trial. The rule alsostates that a defendant cannot designate a person as aresponsible third party if the statute of limitation has past,if the defendant failed to comply with its obligations, if any,to timely disclose that person. Id. In the recent case of In re Mobile Mini, Inc., 596 S.W.3d781 (2020), a construction worker’s hand was injuredwhen wind blew the door to a construction office trailershut on his hand. The Plaintiff sued the constructioncontractor and the owner of the trailer, Mobile Mini. In itsinitial responses to disclosure, Mobile Mini identified theproperty owner, Nolana, as a potential responsible thirdparty. Plaintiff amended his petition and named theproperty owner as a defendant. The next day Mobile Minifiled a motion to designate Nolana as a responsible thirdparty. Because Plaintiff had waited until days before thestatute of limitations to file suit, Mobile Mini’s responses todisclosure were due after the statute of limitations hadpassed. Therefore, while Plaintiff immediately amendedhis petition to add the property owner, the property ownerwas eventually granted summary judgment based on thestatute of limitations. The trial court in this matter went on to deny Mobile Mini’smotion to designate Nolana. In support of its decision, thetrial court agreed with the Plaintiff’s argument that theDefendant should have disclosed Nolana in the 16 days ithad between filing its answer and the statute of limitationspassing. Fortunately, the Texas Supreme Court rejected thisargument, stating it was “contrary to that statute’s plainlanguage” because “under the Texas Rules of CivilProcedure, it was not obligated to disclose potentiallyresponsible third parties until its discovery responses weredue.” Id. at 784. While the Court in its opinion does saythat plaintiffs who wait until right before the statute oflimitations do so at their peril, it is clear that had thedefendant not disclosed the responsible third party in itsinitial disclosures but done so later in the case, things mayhave turned out very differently. This case is a reminder that identifying potential

Welcome Joe Harrison

We welcome Joe Harrisonto the firms' Dallas office. Hefocuses his practice ontransportation, construction,premises liability andpersonal injury.

Behind the Scenes

Ed Velez, one of our greatfile clerks, not only workshard but works safely in hisFletcher Farley bandana!

NEW DATE

A new date has been set forour Annual Texas LawUpdate! Please save thedate for Friday, September11th, 2020 at theDoubleTree by Hilton atCampbell Centre in Dallas.

More info coming soon!

Subscribe to ourNewsletter!

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responsible third parties as soon as possible is critical. Itshould also be noted that the defendant moved forwardwith filing a motion to designate even though the plaintiffhad already brought them in as a party. Had Mobil Mininot done so, had they waited until after Nolana’s motionfor summary judgment was granted, they may have beenout of luck. Indeed, plaintiffs armed with this opinion willnow have further ammunition, and defendants who areless diligent than Mobile Mini was in this case may wellfind themselves on the losing end of future motions todesignate.

Conflicts Resolved

Fletcher Farley Obtains SummaryJudgment in Premises Liability Case

Mike Shipman and Craig Reese obtained a summaryjudgment in favor of their clients on a premises liabilitycase. The Plaintiff was at the house for a Sunday Schoolevent. She was in the backyard taking pictures with anumber of other women when she slipped and fell onsome stairs near the pool. The evidence established thatthe Plaintiff was a licensee because she was a socialguest. There had been no prior problems with the stepsand Plaintiff could not establish that anything thehomeowners did or allegedly failed to do was a proximatecause of her injury.

If you want more informationor have questions, pleasecontact:

Doug FletcherFirm Managing Partner214-987-9600Doug's email

Joanna SalinasAustin Office ManagingPartner512-476-5300Joanna's email

Fletcher Farley Shipman & Salinas LLP

fletcherfarley.com

Contact Us

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