Sheehy, Serpe, and Ware, P.C.

Joseph A. Garnett Inducted into the Litigation Counsel of America

noemail@sswpc.com — Wed, 07 May 2008 20:00:00 GMT

JOSEPH A. GARNETT INDUCTED INTO THE LITIGATION COUNSEL OF AMERICA

Miami, FL- On May 1, 2008, Houston attorney Joseph A. Garnett was inducted into the Litigation Counsel of America ("LCA") at the LCA’s Spring Conference and Induction of Fellows in Miami.

Mr. Garnett is a shareholder with the law firm of Sheehy, Serpe & Ware, P.C. which has offices in Houston and Galveston, Texas. He specializes in the trial of cases involving commercial disputes, product liability, personal injury and wrongful death claims. He has tried cases throughout the state of Texas. He is active in the State Bar of Texas and previously served on State Bar committees to develop jury submissions for civil trials and to coordinate legal aid to the homeless. He has published and lectured in the areas of trial strategy and workers' compensation law.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership.

Sheehy, Serpe & Ware Secures Appellate Victory in a Retained Medical Instrument Case

noemail@sswpc.com — Thu, 24 Jan 2008 21:00:00 GMT

Sheehy, Serpe & Ware successfully represented a Houston Area medical center in a retained medical instrument case before the First District Court of Appeals in Houston, Texas. The case arose out of tubal ligation surgery performed in December 1995. Plaintiff claimed that the hospital was negligent because a surgical sponge was retained in her after the surgery was completed. For ten years after the surgery, she suffered chronic abdominal pain and other ailments. She attributed her pain to the retained sponge after a surgeon discovered it in her body in April 2005. She filed suit in August 2005.

The trial court granted a summary judgment in favor of the hospital on statute of limitations grounds. Plaintiff appealed, arguing that the statute of limitations violated the open courts guarantee under the Texas Constitution because it cut off her claim before she new or should have known of the existence of the sponge. The First District found that she had a reasonable opportunity to discover her injury during the ten years she suffered pain after the tubal ligation surgery in December 1995. It rejected the argument that her lack of medical training and the failure of subsequent treating physicians to discover the cause of her chronic pain showed that she could not have reasonably discovered her injury within the two year statute of limitations. The First District held that plaintiff failed to present any evidence establishing that she did not have a reasonable opportunity to discover her injuries and file suit within the two year statute.

Richard Sheehy, shareholder, headed the legal team in the appellate court. Randall Jones, shareholder, headed the legal team in the trial court.

EMPLOYER ALERT -- OSHA Publishes Employer-Paid PPE Rule

noemail@sswpc.com — Tue, 04 Dec 2007 13:00:00 GMT

In a new rule that became effective November 15, 2007, OSHA now requires that all personal protective equipment (PPE) will be provided at no cost to all employees. The final rule contains a few exceptions for ordinary steel-toed footwear, prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear. The rule gives employers six months to become compliant with the new rule before it will be enforced by the Department of Labor.

The full text of the new rule can be found here:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=20094

If you have a question about OSHA compliance or OSHA law, please contact Steve Grubbs at Sheehy, Serpe & Ware, P.C., at 713-951-1014 for more information.

Sheehy, Serpe & Ware Recovers Over $1 Million for Houston Based Engineering and Construction Company

noemail@sswpc.com — Mon, 26 Nov 2007 15:00:00 GMT

Sheehy, Serpe & Ware successfully represented a Houston based oil and gas engineering and construction company in a suit to recover over $1 million in a breach of contract action. The case arose out of undersea pipeline inspection services performed by the engineering company in the Gulf of Mexico under contracts with a Mexican company. When the Mexican company failed to pay a significant portion of the invoices for the work, arbitration proceedings were initiated on behalf of the company by another law firm. Unfortunately, the arbitration panel dismissed the proceedings on the grounds that the named plaintiffs were not the corporate entities that owned the right to bring suit under the contracts. At the time of dismissal, the statute of limitations had run on most of the contract claims.

The case was transferred by the company to Sheehy, Serpe & Ware following dismissal by the arbitration panel. Our attorneys determined that a breach of contract action could still be brought against the bonding company within the statute of limitations in the State of Maryland, where the bonding company was headquartered. Suit was filed in Maryland federal court against the bonding company, and, because of these efforts, the Firm ultimately negotiated a settlement for the full amount of the guaranty bonds, plus all recoverable costs. Sheehy, Serpe & Ware shareholder, Randall Jones, headed the legal team for this engineering and construction client.

Demolition Contractor Found Not Liable in Wrongful Death and Employers Liability Lawsuit

noemail@sswpc.com — Tue, 06 Feb 2007 23:00:00 GMT

In another trial victory for Sheehy, Serpe & Ware, P.C., a Travis County (Austin, Texas) jury deliberated for only three hours before finding that a Houston-based demolition contractor was not liable for the wrongful death of an employee. The employee had been hired as a boilermaker to assist in demolishing the roof of a large fuel oil storage tank. During the removal of the roof, the employee stepped on a previously cut section of steel, and fell 40 feet to his death. The employee had neglected to attach his fall protection lanyard to the lifeline moments before the fall. The Plaintiffs (the employees children) filed suit under Texas Labor Code Sec. 408.001(b), for gross negligence and malice, seeking exemplary damages against the contractor in a so-called employers liability claim. They asked the jury to award more than $5.5 Million dollars. After almost 8 days of testimony, however, the jury decided there was no gross negligence or malice involved and rendered their verdict for...

Cemetery Premises Found to be Safe by Houston Jury

noemail@sswpc.com — Wed, 29 Nov 2006 16:00:00 GMT

A Harris County jury deliberated less than one hour before finding a Houston area cemetery was not liable for negligence after a 72 year-old woman allegedly stepped into a hole on the premises. The woman had been visiting the Houston cemetery on Christmas day in 2003 to visit the gravesite of her daughter. As she walked to the gravesite, she testified her leg sank into the ground 18 to 20 inches deep, up to her right kneecap. She claimed when she fell into the hole, she wrenched her knee and ultimately required a total knee replacement. Plaintiff asked the jury to award nearly $200,000 in damages for her medical bills, mental anguish, disfigurement, and pain and suffering. Plaintiff denied any preexisting problems to her knee, but two treating physicians admitted that Plaintiff had arthritis in her knee prior to her incident at the funeral home that day. One physician, who testiifed live at trial, explained the severity of Plaintiffs preexisting arthritic problems based upon a 2002...

Sheehy, Serpe & Ware, P.C., Attorney Speaks at Texas Funeral Directors Association Leadership Conference

noemail@sswpc.com — Tue, 17 Oct 2006 13:00:00 GMT

Sheehy, Serpe & Ware, P.C., lawyer Steve Grubbs spoke recently at the 2006 Texas Funeral Directors Association Leadership Conference held August 8-9 in Austin, Texas. Mr. Grubbs' lecture covered liability issues facing Texas funeral directors, licensed embalmers and funeral directing firms. He also discussed lawsuit avoidance strategies, employment law issues and recent case law affecting funeral directors and embalmers.

The TFDA's new president, Bill Vallie, opened the conference with a welcome speech and introduction of keynote speaker Kirk Watson, former Mayor of Austin and candidate for Texas Senate in 2006. Mr. Grubbs spoke immediately following Mr. Watson's keynote speech. Mr. Grubbs will again address the TFDA membership at the Annual Convention in Corpus Christi, Texas in 2007.

Of particular importance to those attending this year's event, Mr. Grubbs recently authored an article published by the TFDA in their publication The Texas Director. The article, titled A Funeral Director's Guide: Filing a Late or Delayed Certificate of Death appeared in their September 2006 issue and provides "how to" guidance for funeral directors in addressing this common situation.

Mr. Grubbs practices funeral home law in Texas, and has represented all sizes of funeral directing firms from small family businesses to large corporate entities. He also regularly defends funeral directors and embalmers from licensure claims made by the Texas Funeral Service Commission. He is certified by the Texas Board of Legal Specialization in Labor and Employment Law.

For more information about this press release, you may contact Steve Grubbs at (713) 951-1000, or send an email to him at sgrubbs@sswpc.com for further comment.

Sheehy, Serpe & Ware, P.C. -- Committed to Excellence

Galveston/Houston Lawyer to Moderate ABA Teleconference

noemail@sswpc.com — Tue, 26 Sep 2006 21:00:00 GMT

Personal injury claims relating to asbestos have cost billions of dollars over the last 40 years and still threaten to choke state and federal court systems decades after problems were first identified. Possible solutions to this issue will be discussed on September 20 during Sidestepping the Asbestos Abyss, a teleconference conducted by the American Bar Association. James L. Ware of Sheehy, Serpe & Ware, P.C. will be one of the lead attorneys participating in the teleconference, which will focus on analyzing the problems facing asbestos litigation, assessing the proposals to address those problems and their chances of success and explaining what it all means for individual clients who have asbestos-related claims. Many people view asbestos as a problem of the distant past, but it remains a critical issue for the legal system today, Ware said. In this teleconference, we will critique various solutions for the situation and provide some guidance as to how the matter is likely to...

State Bar of Texas Live Webcast

noemail@sswpc.com — Mon, 11 Sep 2006 20:00:00 GMT

How has Chapter 90 changed medical reporting regulations? Is the multidistrict litigation proceedings a savior, or a sinkhole? Do fewer cases always mean lower revenue? These questions and more will be discussed by a lineup of legal experts on Wednesday, Sept. 13 in a Webcast produced by the State Bar of Texas: "Toxic Tort Litigation and the Effects of Tort Reform."

James L. Ware of Sheehy, Serpe & Ware, P.C. will be one of four lead faculty members in the Webcast, joining other attorneys from Houston and Dallas. Participants can obtain two hours of Miminum Continuing Legal Education (MCLE) credit.

"The growth of the Internet has given the legal profession incredible opportunities for sharing knowledge and reaching out to the legal community," Ware said. "This Webcast is very timely. Tort litigation and reform is currently one of the most significant factors affecting the legal system in Texas."

JAMES L. "JIM" WARE is a shareholder in the Houston and Galveston, TX. law firm of Sheehy, Serpe & Ware, P.C., a general litigation firm, and in which Mr. Ware focuses his practice in personal injury, environmental, products and general commercial litigation. He serves as Notice Counsel and as a member of the Defense Steering Committee for the Texas Silica MDL, National Coordinating Counsel for a company involved in products litigation in several states, and has tried numerous cases involving asbestos, welding fumes, silica, breast implants, FELA actions, contract, oil and gas, real estate and other types of litigation. He frequently speaks at continuing legal education, professional, and in house seminars.

The Webcast will be available through the Texas Bar at www.TexasBarCLE.com . Other faculty members include: John Milton Black of Heard, Robins, Cloud & Lubel in Houston; Vanessa Vance of Connelly, Baker, Wotring & Jackson in Houston; and Bruce Steckler of Baron & Budd, P.C. in Dallas.

"I look forward to the opportunity to share my thoughts on tort reform and gain new insights into the process, " Ware said.

Sheehy, Serpe & Ware Successfully Defends Bariatric Surgeon in Medical Malpractice Case

noemail@sswpc.com — Thu, 06 Jul 2006 21:00:00 GMT

Houston, Texas (PRWeb) May 22, 2006 -- A Harris County jury found no liability for a local bariatric surgeon's decision not to remove a gastric bypass patient's gallbladder during surgery, even though the surgeon knew the patient had a gallstone. The patient alleged that she suffered extended post-operative nausea, vomiting, and pain because of the surgeon's decision. After a ten-day trial, the jury deliberated less than two hours before returning a unanimous defense verdict in favor of the surgeon. Sheehy, Serpe & Ware, P.C. shareholder, Ann P. Watson, headed the defense team for the doctor.

The firm successfully argued that the surgeon's professional decision did not deviate from the accepted medical standard of care. Rather, the patient's post-operative symptoms resulted from known complications of bariatric surgery and were unrelated to the patient's gallbladder condition.

For more information concerning this release, or to speak with the lead attorney for the surgeon, please contact Ann Watson at 713-951-1103 or awatson@sswpc.com.

Restaurant Not Dangerous

noemail@sswpc.com — Thu, 06 Jul 2006 21:00:00 GMT

Houston, Texas (PRWeb) June 29, 2006 -- The Joe's Crab Shack on the North Freeway prevailed at trial in a lawsuit alleging a step down area to its bar and patio was unreasonably dangerous because of an exposed wire. An injured patron brought suit claiming she and two friends were lead down a series of steps by the host, but were not warned to watch their step. The patron alleged she caught her foot on an exposed speaker wire and fell, breaking her hip. The patron underwent a total hip replacement and rehabilitation and claimed she could no longer work. The lawsuit sought recovery for medical expenses, loss of earning capacity, pain and suffering, mental anguish and physical impairment.

The plaintiff called several witnesses and submitted photographs of the scene showing a wire at the base of one of the steps. The jury also heard from a vocational rehabilitation expert and economist who testified the plaintiff was incapable of working and had incurred almost two hundred thousand dollars in lost income and medical expenses.

During the defense phase of the trial, the jury heard evidence of the numerous safety precautions Joe's has in place including conspicuous caution signs, a hand rail on the steps, and bright yellow lines marking the step-off points. The jury also heard from the restaurant manager who described the twice-daily inspection process at the beginning and end of each shift. The defense also presented evidence of numerous prior conflicting statements the plaintiff made that she simply missed a step and was not looking where she was going.

Following a weeklong trial the jury returned a verdict by a vote of 11-1 that the restaurant's premises were not dangerous. After the verdict, several jury members explained that they did not believe the plaintiff tripped on a wire and that the fall was simply an accident. Plaintiff is not appealing the verdict.

For further information about this case, you may reach the attorney who successfully defended Joe's Crab Shack, Mr. Ed Perkins at 713-951-1004, or visit www.sswpc.com.

Noncompete Agreement Held Unenforceable

noemail@sswpc.com — Thu, 01 Jun 2006 21:00:00 GMT

Noncompete Agreement Held Unenforceable in Lawsuit Against Pasadena, Texas Construction Foreman A Pasadena, Texas construction foreman successfully argues that a noncompete agreement is unenforceable, and then obtains a dismissal of the entire suit. Houston, Texas (PRWeb) January 16, 2006 – A Pasadena, Texas man successfully persuaded a Harris County court that a noncompete agreement he signed was unenforceable. The Defendant worked as a laborer for a Pasadena environmental services and steam cleaning company when he decided to leave for personal reasons. After finding work at a different company in Pasadena, Texas as a construction foreman, his former employer sued him for violating the terms of a noncompete agreement. An ex parte order from the Court initially prohibited the employee from working at the new company until the Court could hear evidence relating to the matter. The former employer argued...

Sheehy Serpe & Ware, P.C. Offers Continuing Education Seminars to Insurance Adjusters Licensed in Texas

noemail@sswpc.com — Wed, 17 May 2006 21:00:00 GMT

In an effort to continue providing the highest quality legal services to its clients, Sheehy, Serpe & Ware, P.C. now offers the ability to sign up for free, live continuing education seminars taught by its attorneys. The Texas Department of Insurance has approved the Firm’s seminars for two hours of ethics/consumer protection instruction for the Texas insurance adjuster. On the other hand, if you have a particular topic in mind, feel free to suggest it and the Firm can tailor a program for your company’s particular needs.

If you need continuing education credits for your adjusters, particularly in ethics, please contact Ken Brosch at (713) 951-1000, or send an email to him at kbrosch@sswpc.com for available dates.

JCAHO Sentinel Event Alert On Medication Errors Recommendations and Risk Reduction Strategies

noemail@sswpc.com — Tue, 31 Jan 2006 15:00:00 GMT

Medication errors are a constant challenge for health care providers in maintaining quality of care and risk management. The Joint Commission for Accreditation of Health care Organizations recently issued a Sentinel Event Alert on the importance of medication reconciliation at transition of care as a way to limit medication errors. JCAHO outlines a 5-step process for medication reconciliation 1. Develop a list of current medications. 2. Develop a list of medications to be prescribed 3. Compare the medications on the two lists. 4. Make clinical decisions based on the comparison. 5. Communicate the new list to appropriate caregivers and to the patient. JCAHO also pulls together reference materials from the medical literature and other sources to provide risk reduction strategies including: 1. Collect a complete list of current medications (including dose and frequency along with other key information) for each patient on...