David C. Wenholz Partner
Mr. Wenholz has been practicing law for over 30 years. He decided to open his own firm to concentrate on helping ordinary people and small businesses understand their rights and solve their legal problems. Being the first lawyer on either side of his extended family, Mr. Wenholz knows first hand how folks feel about lawyers and their perceptions about our justice system. This background has shaped the way advice and counsel is given at the firm – straight forward, practical and respectfully. Mr. Wenholz firmly believes that the lawyer and client should be a team, with the lawyer clearly understanding his role to be honest, professional and to fully inform the client so the client can make sound decisions about his or her case.
Mr. Wenholz and his family are fully entrenched in the Austin way of life. He is also an animal lover – being the proud owner of dogs, cats and horses. Mr. Wenholz is also a Board of Director for the American Red Cross-Central Texas Chapter.
SELECTED IN 2020
- Membreno vs. City of Austin d/b/a Austin Energy, et al., Travis County, Texas, June 2019 – $9,360,000.00 jury verdict.
- Padron et al. vs. The Texas Department of Transportation, Travis County, Texas, November 2018 – $5,232,994.00 jury verdict (No. 1 Government Negligence Verdict in the State of Texas in 2018). This case was appealed all the way to the Texas Supreme Court, which ruled in favor of the Plaintiffs.
- Dishman et al. vs. MLAW Consultants & Engineers, Travis County, Texas, October 2018 – $589,422.00 jury verdict.
- Johnson v. CertainTeed Corporation: mass tort settlement involving over 100 homeowners in and around Austin who purchased Centex Homes that were roofed with a CertainTeed 3 tab, 20 year shingle.
- Weinberg v. Farmers: Represented homeowner in a first party insurance case who happened to be an attorney for Farmers, after Farmers wrongfully denied his mold claim.
- Green v. David Weekly Homes: Represented a homeowner against her builder for defective construction case involving foundation, water and mold damage.
- Hurricane Ike “Slab ” Claims v. T. W.I.A.: On the Plaintiffs Steering Committee that settled over 2,700 cases totaling approximately $189,000,000.00 for homeowners that had their dwellings entirely destroyed by Hurricane Ike. Personally settled 50 slab claims and dozens of non-slab Hurricane Ike cases.
- Montrose Townhomes v. Finestone – Represented condo owners in Houston with defective construction/product liability claims stemming from water and mold damage caused by faulty EFIS installation against EFIS manufacturer and builder.
- Hurricane Rita – settled over 75 hurricane damage first party insurance bad faith cases for homeowners in Beaumont, Port Arthur, Silsbee and Orange, Texas.
- Hurricane Dolly – settled over 60 hurricane damage homeowner first party insurance bad faith cases in San Benito, Harlingen, Brownsville, McAllen and Weslaco, Texas.
- William and Marie Fox v. Jeld-Wen, Inc., -settled a homeowner’s dispute regarding water damage and mold against window, manufacturer, builder, subcontractors and prior owner alleging defective installation, defective windows, improper stucco application and real estate fraud.
- Bastrop Wildfire Litigation – currently represent approximately 30 clients who lost their homes in the 2011 Labor Day wildfire. Currently a member of the Plaintiffs Liaison Counsel reporting to the Court.
- BP Benzene Toxic Tort Litigation – Currently represent approximately 600 residents of Texas City area in over 10 cases pending in Galveston County against BP for a 40 day toxic release during April/May 2010.
- Judith Williams v. Balboa Insurance, Cunningham Lindsey and Steam Team -settled claims against insurance company and their representatives for bad faith, wrongful cancellation of policy, forced placed insurance, personal injuries due to water damage and mold contamination of house.
Our firm has sued and/or settled cases with include: Zurich, Farmers, State Farm, Allstate, Mercury, GIECO, Lloyds of London, Nationwide, National Lloyds, Certain Underwriters, CNA, Chubb, Travelers, Progressive, Liberty Mutual, Germania, Hochheim Prairie, Capitol County, Cypress Texas Lloyds, Texas Windstorm Insurance Association, USAA, Fred Loya, Hartford, Markel.
Over 25 cases tried to a jury verdict since 1996. Obtained largest civil jury verdict at the time in San Jacinto County, Texas in 2003 Huling v. Alaniz, et al.. A member of the trial team in the largest construction case in Calhoun County at the time in the late 1990’s – Kajima v. Formosa Plastics, USA, et al. (case settled for over $50 million).
Areas of Practice
- Serious Personal Injury
- Automotive Defects
- Wrongful Death
- Wildfire Litigation
- Engineering Malpractice
- Construction Defects
- Commercial Construction Litigation
- Business Torts / Partnership Disputes
- Trade Secret Litigation
- Texas, 1990
- U.S. District Court Northern District of Texas
- U.S. District Court Western District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Eastern District of Texas
- U.S. District Court for the District of Colorado
Southern Methodist University School of Law, Dallas, Texas
J.D. – 1990
Texas A & M University, College Station, Texas
B.B.A. – 1987
Stone v. Sulak, 994 S. W.2d 348 (Tex. App. 1999)
Great American Ins. Co. v. North Austin M.U.D. No. 1, 908 S.W.2d 415 (Texas 1995)
Nutmeg Ins. Co. v. Pro-Line Corp. and 1KB Industries, Ltd., 836 F. Supp. 385 (N.D.Tex. 1993)
Speaker, Proving/Defending Liability for Sick Building Syndrome, Advanced Expert Witness Course III, Texas State Bar, November 22, 2002
Speaker, Mold Issues: Homeowners and Commercial Coverage Issues, Claims and Defenses, Advanced Insurance Seminar, Univ. of Houston Law Foundation, 2/02
Speaker, Important Federal and State Trucking Regulations, Prosecuting or Defending a Trucking or Auto Accident Case, State Bar of Texas, 4/04
Speaker, Insurance Fraud: What is it? What can you do about it? And how does it impact civil litigation, 12* Annual Insurance Law Institute, 10/07
Honors and Awards
Life Fellow, Texas Bar Foundation, 2010 – 2011
Professional Associations and Memberships
Texas Bar Association
Texas Trial Lawyers Association (TTLA)
American Association for Justice (AAJ)
Capital Area Trial Lawyers Association (CATLA)
Austin Bar Association, Member
Bastrop County Bar Association
American Bar Association, Member
The College of the State Bar of Texas, 1997
National Institute for Trial Advocacy Diploma, 1995
Past Employment Positions
Bressi & Wenholz, L.L.P.
Reyes & Associates, P.C.
Quilling, Selander, Cummisky & Lownds, P.C.
Godwin, Carlton & Maxwell, P.C.
Pro Bono Activities
Vice Chair, TYLA Aspiring Youth Program (1996 ABA 1st Place -Public Service Program).