Felton's Published Case Law

Cases

Thomas Jefferson

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Dale Felton
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Dale Felton

CIVIL CASES (Partial Listing):

Arnold v. National County Mutual Fire Insurance Co., 725 S.W.2d 165 (Tex. 1987).  (This landmark decision established the law of insurance bad faith in Texas.  The Texas Supreme Court held that an insurance company owes its’ insureds a duty of good faith and fair dealing and may be sued for breaching that duty.  The court thereby created a new tort which allows a policyholder to sue their insurance company if the insurance company treats the policyholder unfairly.)

City of La Porte v. Prince, 851 S.W.2d 876 (Tex. App. - Waco 1993), 898 S.W.2d 288 (Tex. 1995). (Mr. Felton obtained a $1,100,000 jury verdict against the City of La Porte, Texas, for the wrongful discharge of an injured employee.  The city fired the employee because he filed a workers’ compensation claim.  The appellate court upheld the jury verdict, holding that the city is liable because governmental immunity is waived with regard to the workers’ compensation retaliatory discharge statute.  The court held that the injured worker who was wrongfully terminated could recover both actual and punitive damages from the governmental entity.)

Jensen v. Kisro, 547 S.W.2d 65 (Tex. App. - Houston [1st Dist.] 1977, writ ref’d n.r.e.). (This important case establishes that a power of attorney terminates upon the disability of the principal where the power of attorney does not expressly state that it continues in force in the event the principal becomes disabled.)

City of La Porte v. Barfield, 898 S.W.2d 288 (Tex. 1995).  (In this landmark case, the Texas Supreme Court held that sovereign immunity is waived in workers’ compensation wrongful discharge cases.  This case is frequently cited in sovereign immunity cases and has been discussed in over a dozen law review articles.)

British American Insurance Co. v. Howarton, 877 S.W.2d 347 (Tex. App. - Houston [1st Dist.] 1994, writ dism’d).  (The insurance company appealed a workers’ compensation jury verdict in favor of the injured employee.  The appellate court upheld the jury verdict finding disability.  In addition, the court held that the trial court properly excluded evidence offered at trial that was not previously disclosed.)

Mobile Home Brokers, Inc. v. Colvin, 566 S.W.2d 68 (Tex. App. - Beaumont 1978, no writ).  (This is a significant creditor’s rights case which holds that a mobile home park owner may not refuse to allow a creditor to repossess a mobile home until the creditor pays all of the homeowner’s back lot rent and utilities.  The appellate court ruled that if a mobile home park owner refuses to release the mobile home to the secured creditor, the park owner is liable to the creditor for conversion of the mobile home, and must pay the creditor the fair market value of the mobile home, plus punitive damages.)

Jensen v. Kisro, 561 S.W.2d 216 (Tex. App. - Houston [1st Dist.] 1977, writ ref’d n.r.e.).  (Appellate court held that after the trial court judgment became final, the trial court did not have jurisdiction to grant a new trial because plaintiff had died.)

Plagge, d/b/a Quail Valley Stables v. Gambino, 570 S.W.2d 106 (Tex. App. - Houston [1st Dist.] 1978, no writ).  (Appeal of order denying temporary injunction concerning use of a road easement.)

Mays v. Foremost Insurance Co., 627 S.W.2d 230 (Tex. App. - San Antonio 1981, no writ).  (Appellate court reversed summary judgment for defendant.)

Parks v. U.S. Home Corporation, 652 S.W.2d 479 (Tex. App. - Houston [1st Dist.] 1983, writ dism’d).  (Appeal from denial of temporary injunction in deceptive trade practices case.)

Davis v. Esperado Mining Co., 750 S.W.2d 887 (Tex. App. - Houston [14th Dist.] 1988, no writ).  (Appeal of summary judgment for defendant in wrongful death case.)

Chapman v. Hootman, 999 S.W.2d 118 (Tex. App. - Houston [14th Dist.] 1999, no pet.).  (The appellate court affirmed the trial court’s judgment in a breach of contract case.  In a rare move, the appellate court ordered severe sanctions against appellant for filing a frivolous appeal.)

Morgan v. Timmers Chevrolet, Inc., 1 S.W.3d 803 (Tex. App. - Houston [1st Dist.] 1999, pet. ref’d).  (The appellate court reversed the trial court’s judgment for defendant where defendant formally admitted liability for the injuries suffered by Mr. Felton’s client prior to trial, but was allowed to withdraw the admission during trial and present evidence contesting liability.  The appellate court held that the rules require an admission to stand unless certain strict criteria have been met.  The appellate court found that such conditions were not found in this case and a new trial was ordered.)

Monfore v. Phillips,778 F.3d 849 (10 th Cir. 2015). (This opinion was written by now Supreme Court Justice Neil Gorsuch, wherein the Federal Tenth Circuit Court of Appeals affirmed the trial court’s judgment in excess of $1.275 Million Dollars for medical negligence against an emergency room doctor for the failure to diagnose cancer.)

Lacy v. Castillo, ____ S.W.3d ____ (Tex. App.—Houston [14th Dist.] ____). (This case concerns a nonsuit filed after the defendants filed a motion for summary judgment. The issue is whether the nonsuit was filed to avoid summary judgment, and therefore, whether the nonsuit should have been with prejudice to the suit being refiled).

Cook v. Nissimov, ____ S.W.3d ____ (Tex. App.—Houston [14th Dist.] ____). (Competing summary judgment motions are at issue as to whether a land developer kept the right to use and grant the right to others to use a road easement by certain language contained in the deeds to purchasers within a subdivision).

AmeriGas Propane, L.P. v. Aboytes-Muñiz, ____ S.W.3d ____ (Tex. App.—Beaumont ____). (A propane gas canister refiling facility exploded, severely burning several workers. The company operating the facility did not have workers’ compensation insurance. At issue is whether the company could be added to its parent company’s workers’ compensation policy after the explosion and thereby prevent the workers from suing the company by applying the exclusive remedy provision of the Texas Workers’ Compensation Act).

CRIMINAL CASES:

Carreras v. State, 936 S.W.2d 727 (Tex. App. - Houston [14th Dist.] 1997, pet. ref’d), cert. denied, 522 U.S. 933 (1997).  (This case concerns a woman’s constitutional rights.  She alleged that the State violated the Equal Protection Clause of the Texas and United States Constitutions and engaged in selective prosecution.)

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