Type of Case: Breach of Real Estate Contract
Central Texas Realty & Development, LLC vs. MVSATX Holdings, LLC
Summary: We represented a real estate consultant and developer in a complex real estate dispute regarding a development and management services agreement. The contract required payments to our client based on the value of the property at the time contract ended. Both parties retained real estate appraisal experts to offer opinions about the real estate’s market value and appraised value based on complex calculations including cap rates and future projections of income and expenses. After mediation failed the case proceeded to trial. After a three day bench trial, the Judge returned a verdict of $822,950.78 in favor of our client.
Type of Case: Corporate Embezzlement
Summary: When a long time employee of a family owned and operated livestock company stole hundreds of thousands of dollars, the company asked us for help. We brought a civil lawsuit against the employee and her children because our investigation revealed that stolen funds were used to pay for home improvements.
Type of Case: Commercial Lease Litigation and Appeals
Saddles Blazin vs. KRG Portofino, LLC
Summary: We represent a national restaurant franchisee in a complex lease dispute. As part of the proceedings in the trial court, the plaintiff sought to exclude all experts in the case. We filed a petition for writ of mandamus in the Beaumont 9th Court of Appeals asking for relief and reinstatement of all experts. The Court of Appeals agreed with our client and granted the relief requested.
Type of Case: Breach of a Handshake Agreement
Efrain Gonzales Bexar Waste
Summary: A handshake agreement between two businessmen led to a complex business lawsuit over control of the business’ assets and profits. Our client filed suit to secure his interest in the business and to recover damages. In that lawsuit, our client sought to recover millions in damages even though there was no formal written agreement.
Type of Case: Burn Injuries
Summary: Our client was a volunteer firefighter in Dilley, Texas. A ranch manager conducted a controlled burn on a red flag warning day and the burn quickly turned into a raging, out of control wildfire. While fighting the fire, our firefighter was injured and suffered severe burns on her body and face. Texas has long employed the “Fireman’s Rule” in premises liability cases. Texas’ version of the Fireman’s Rule usually prevents firefighters from recovering for their injuries and damages suffered while fighting fires. Nevertheless, we filed suit and fought hard for our heroic firefighter. The case has been resolved.
Type of Case: 18-Wheeler Collision
Summary: Martin, Cukjati & Tom obtained a settlement for a former armed service member who was severely injured in a side swipe collision after an 18-wheeler made a two lane change maneuver and struck his vehicle. Our client underwent multiple surgeries, and his injuries untimely formed his early retirement from the Navy. On the eve of trial, the case was resolved.
Type of Case: 18-Wheeler Collision
Summary: Two oil field 18-wheeler drivers collided on a county road just outside of Cotulla, Texas and our client did not survive. The other 18-wheeler driver said our client crossed the yellow line, and DPS wrote it up that way. Liability was strongly disputed, however, we were able to prove from the lug nut marks, evidence recovered at the scene, and through cross examination of witnesses that the other 18-wheeler driver was extremely fatigued, had no driver training, was overworked, and was in fact the one that crossed the center yellow line. The case has been resolved.
Type of Case: 18-Wheeler Wreck
Abbott vs. Frito Lay, Inc.
Summary: After years of Frito Lay denying responsibility for causing a serious 18-wheeler wreck, a jury found Frito Lay and its driver responsible for causing our client’s serious personal injuries. The jury awarded total damages in the amount $1,789,049.70.
Type of Case: Appeal
Summary: In an attempt to avoid responsibility, an 18-wheeler company hired a defense expert in biodynamics to claim that our client could not have been injured in the collision. After conducting an exhaustive deposition of the expert, we filed a Motion to Exclude the defense expert to prevent him from testifying at trial. The trial court conducted an evidentiary hearing and agreed this expert should be excluded. On the eve of trial and in a last ditch effort to avoid facing a jury, the defense filed an emergency petition for writ of mandamus to reinstate its expert and to delay the trial. The appeals court rejected the defense’s appeal, the exclusion of the defense expert was upheld and we prevented the defense from derailing the trial. See In re Marty, Inc., No. 04-20-00067-CV, 2020 WL 557076, at *1 (Tex. App. Feb. 5, 2020)
Type of Case: Motorcycle Accident/Wrongful Death
Summary: An 18-wheeler working in an oil field ran over our client on his motorcycle and killed him. We represented the widow and the two sons. After an extensive investigation, we discovered video surveillance footage of the collision. The case has been resolved.
Type of Case: Premises Liability
Summary: As part of a construction project, a landlord dug deep holes into an active public parking lot and left them open. Unfortunately, the wind blew a large piece of cardboard over the hole and when our client stepped on the cardboard he fell into the hole, fracturing his leg. The defendant refused to accept responsibility for our client’s injuries and damages. However, after two (2) days of trial, including a withering cross-examination of the landlord, the trial judge ordered the parties to a mid-trial mediation. At mediation, the case was resolved.
Type of Case: Dram Shop / Drunk Driving Accident
Summary: Belligerent and intoxicated, a drunk driver hopped into his car and began driving on our roadways. Minutes later, the drunk driver ran a red light and collided into our client’s vehicle. The injuries suffered by our client included injuries to his neck and back. Our client filed suit against the drunk driver and the bar. During the course of discovery, we obtained compelling evidence of the driver’s severe intoxication at the scene of the collision from the San Antonio Police DWI Task Officer’s body camera. The case has since been resolved.