Thursday, July 01, 2021

Cowles and Thompson Attorneys Achieve Positive Defense Outcomes for Clients in Recent Personal Injury, Products Liability, and Negligence Claims

 

Dallas, TX (July 1, 2021) – The Cowles and Thompson litigation team of David Johnson and Helen Emerson achieved recent positive defense outcomes for two clients:  a gym owner in Collin County, Texas and bus heater manufacturer in Bee County, Texas.

 

Personal Injury Claim Against Gym Owner

Shareholder David Johnson and Senior Attorney Helen Emerson recently obtained a take-nothing summary judgment on all claims of negligence asserted against a firm client in Collin County, Texas.  Plaintiff, a professional power lifter and bodybuilder, alleged numerous personal injuries resulting from purported defects in a weight bench that Plaintiff was using while working out at a local gym.  David and Helen argued, on behalf of the gym owner, that the weight bench did not constitute an “unreasonably dangerous condition,” and even if there was a defect with the bench (which there was not), there was no notice to the premises owner of any alleged dangerous condition that caused injury to Plaintiff.  The trial court agreed and dismissed all claims asserted by Plaintiff against the gym owner.

 

Products Liability and Negligence

David and Helen also collaborated to obtain a take-nothing summary judgment on all claims of products liability and negligence asserted against a firm client in Bee County, Texas.  Plaintiff, a paraplegic inmate in the custody of the Texas Department of Criminal Justice, alleged that a heating unit on a prison bus malfunctioned and caused second- and third-degree burns to his legs during transport.  Plaintiff was seeking in excess of $1 million for his alleged injuries.  In obtaining complete dismissal of all claims, David and Helen argued there was no manufacturing, design, or marketing defect present when the product was manufactured and placed into the stream of commerce by the firm client.  David and Helen further successfully established there was a “substantial alteration” to the product during subsequent maintenance of the product that was outside the control of the client, which proximately caused the alleged injuries.

 

Cowles and Thompson Team

David A. Johnson is a Senior Shareholder in the Tort and Commercial Litigation Sections of Cowles & Thompson. Mr. Johnson's practice areas include premises liability litigation, product liability defense, labor and employment litigation, healthcare litigation, and commercial and complex business litigation.

Helen Emerson is Senior Counsel, practicing primarily in the areas of civil litigation and civil appeals.  Helen served as a briefing attorney for the Honorable Douglas S. Lang, Fifth District court of Appeals of Texas, and as a judicial intern for the Honorable John R. Roach, Jr., 296th Judicial District Court.


Cowles and Thompson, P.C. is a full-service law firm with offices in Dallas and Plano, Texas.  Established in 1978, the firm has long served the Dallas-Fort Worth region, Texas, and the nation.  Cowles and Thompson attorneys strive to provide effective, creative, efficient solutions for their clients’ most complex problems, including critical litigation and appeals, employment, business formation and transactions, creditor’s rights, and family law.

 

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FOR MORE INFORMATION:

David Metzler, Managing Partner:  214-672-2167, dmetzler@cowlesthompson.com

Teresa Martin, Marketing Director:  214.672.2506, tmartin@cowlesthompson.com

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