Firm News

Texas Supreme Court Upholds $5.2 Million Verdict for Wenholz | Dow Clients.

On April 3, 2020 the Texas Supreme Court denied the Texas Department of Transportation’s petition for review of a $5,232,994.00 wrongful death verdict in 2018. The Texarkana Court of Appeals affirmed the jury verdict.

View the Court of Appeals Decision.

Wenholz | Dow helps secure $5 Million Wildfire settlement for Bastrop County and other taxing entities.

Wenholz | Dow, P.C. along with Tuck Law Group, PLLC and Beeton & Shabot, LLC representing Bastrop County, Bastrop ISD, Smithville ISD, & Bastrop Emergency Services District No. 2 for tax losses occasioned by the diminution of property values due to the historical 2011 fire, recently reached a $5,000,000.00 settlement with Asplundh Tree Expert, Co. This is an important outcome for the County, School Districts and Emergency Services District #2 and helps offset all the losses they sustained from the worst wildfire in state history.

Wenholz | Dow files suit against JUUL LABS, INC., PAX LABS, INC., ALTRIA GROUP, INC. and others.

The Wenholz Law Firm and Luke Dow Law Firm filed suit against Juul Labs, Inc. in Travis County, Texas.

Lawsuit.

Wenholz | Dow sues Capital Metro and others in Pedestrian death of Erica Findley.

Wenholz | Dow filed suit on February 13, 2020 against Capital Metro, Herzog Transit Services, Inc., City of Austin d/b/a Austin Energy, and others for the 2018 fatality of Erica Findley, when a train struck her in the recently developed East 5th street area of Austin. Ms. Findley was struck by a train as she walked on the curb near the tracks because there was no sidewalk in this dark busy entertainment area. The family hopes this case improves safety in a popular but dangerous pedestrian/train section of East Austin.

Read the story here

Wenholz | Dow representing clients against Davol, Inc. / C.R. Bard for defective hernia mesh.

Wenholz Law Firm is currently representing clients in the United States District Court for the Southern District of Ohio in the Multidistrict Litigation IN RE: DAVOL, INC. / C.R. BARD, INC. POLYPROPOLENE HERNIA MESH PRODUCTS LIABILITY LITIGATION.

Wenholz | Dow files Hernia Mesh Product Defect case in Bexar County, Texas against Corporate Giants C.R. Bard, Inc. and Davol, Inc. for Defective Ventrio ST Mesh.

SAN ANTONIO, Texas – On Wednesday, September 11, 2019, the Wenholz Law Firm filed a medical device product defect suit against C.R. Bard, Inc. and Davol, Inc. alleging when the Ventrio ST Mesh was implanted in Plaintiff’s body, the warnings and instructions provided by Defendants for the product were inadequate and defective. There was an unreasonable risk the product would not perform safely and effectively for the purposes for which it was intended. Defendants failed to design and/or manufacture against such dangers and failed to provide adequate warnings and instructions concerning these risks.

Friday, June 21, 2019, a Travis County Jury awards Wenholz Law Firm client $9,360,000.00 verdict against the City of Austin d/b/a Austin Energy and others for electrocution death at construction site.>

AUSTIN, Texas – On Friday June 21, 2019, the Wenholz Law Firm, PC secured a pivotal $9,360,000.00 verdict against the City of Austin d/b/a Austin Energy and others in the 98th Judicial District Court, Travis County, Texas. The jury found that Austin Energy was negligent in operating and maintaining high voltage power lines that ran dangerously close to the side of the OK Corral Night Club in violation of the National Electrical Safety Code. This negligence was a proximate cause of a fatal electrocution that killed Jaime Membreno on February 12, 2009.

The jury learned that the lines were more than two feet out of code. Further, the Plaintiff’s electrical engineering expert testified that despite being the 8th largest public electrical utility in the nation, Austin Energy never inspected the pole and line in question. More surprisingly, Austin Energy went decades without any systematic, regular inspection program. For more information contact David C. Wenholz of the Wenholz Law Firm.

Friday, November 9, 2018, a Travis County Jury awards Elgin family and passenger $5,232,994.00 in premises liability case against the Texas Department of Transportation.

AUSTIN, Texas – On Friday November 9, 2018, Wenholz Law Firm, PC secured a pivotal $5,232,994.00 verdict against the Texas Department of Transportation in the 419th Judicial District Court, Travis County, Texas. The jury found that TXDOT had actual knowledge of an unreasonable risk of harm on westbound U.S. Highway 290 between Elgin and Manor Texas, on or about May 8, 2016 that was a proximate cause of a fatal one vehicle rollover accident that killed Alfonso Lopez and his father Jose Lopez Garcia. Read the story here.

Wednesday, October 31, 2018, Jury Returns $589,422.00 Verdict Against MLAW Consultants & Engineers for Negligent Inspections and Tortious Interference with Home Warranties.

AUSTIN, Texas – Jury finds that Meyer-Lytton-Allen-Whitaker d/b/a MLAW Consultants & Engineers was negligent in its warranty inspections and intentionally interfered with homeowners’ 10-year structural warranties with builder. The Wenholz Law Firm represented 4 families during this 8-day trial in the 459th Judicial District Court in Travis County, Texas.

Wenholz Law Firm obtains $754,128.00 Judgment for cyclist

A cyclist hit by distracted driver on Howard Lane in Austin, Texas; Cause No. D-1-GN-17-001093 filed in the 200th Judicial District, Travis County, Texas.

Wenholz Law Firm Client Defeats Austin Energy on Appeal in Electrocution Case

On July 3, 2018, the Third Court of Appeals in Austin affirmed the Honorable Judge Eric Shepperd’s Order that an illegitimate minor has standing in a wrongful electrocution death of his father. The Third Court of Appeals agreed with longstanding precedent in the State of Texas that when paternity is questioned in a wrongful death case, the minor child does not have to prove paternity prior to trial. For more details, please contact attorney Sean B. Swords at 512-478-2211 or sswords@wenholz.com.

Wenholz Law Firm client settles trip and fall for over 150 times medical bills

The Wenholz Law Firm recently resolved a trip and fall accident in Travis County for $145,000.00, despite total paid and incurred medical bills of less than $900.00 and a pre-existing shoulder injury. The firm’s medical experts were able to argue the fall exacerbated a pre-existing rotator cuff tear causing significant pain, impairment and possible surgery.

Wenholz Law Firm Clients win arbitration against Taylor Morrison Homes

Another victory against Taylor Morrison. Wenholz Law Firm clients were awarded compensation for construction defects the builder negligently caused and/or failed to correct upon move-in. Despite promising to correct all final punch list items to their new home in Western Travis County within thirty days, Taylor Morrison repeatedly failed to finish the work, in the process damaging other areas of the home.

Wenholz Law Firm Client Awarded $157,387.87 from Taylor Morrison

On April 6, 2018, after a three day arbitration, homeowners represented by the Wenholz Law Firm living in the Creeks at Round Rock/Ashton Oaks neighborhood were awarded $157,387.87 for defective foundation damage to their Taylor Morrison home. The arbitrator concluded that the Wenholz Law Firm’s client proved a major structural defect under the Taylor Morrison 10 year structural warranty. The arbitrator ruled that the foundation “failed” because the home was placed on highly expansive soil without following pre-tensioning guidelines and placing the foundation in close proximity to fully mature trees. As a consequence, there was substantial cracking in the walls and ceilings, deflection and cracks in the foundation and sticking doors that could pose an extreme hazard in a fire. Damages included the cost to repair, engineering and consulting fees, temporary housing, reduction in currently market value of the home and reasonable attorneys’ fees. For more details, please contact attorney Sean B. Swords at 512-478-2211 or sswords@wenholz.com.

Wenholz Law Firm Client Defeats Austin Energy’s Plea to the Jurisdiction

On February 9, 2018, Travis County Judge, The Honorable Eric Shepperd ruled in favor of Wenholz Law Firm client Rosario Membreno by denying City of Austin d/b/a Austin Energy’s Plea to the Jurisdiction in cause no. D-1-GN-15-004371; styled Membreno v. Romero et al. filed in the 98th Judicial District Court, Travis County, Texas.

Attorney Sean B. Swords of the Wenholz Law Firm persuaded the court that the issue of paternity in a wrongful death case is not a threshold question requiring a preliminary finding by the trier of fact. This ruling is consistent with decades old legal precedent and allows the minor son his day in court to recover for the wrongful electrocution death of his father on February 12, 2009 at the OK Corral Night Club in Austin. For more details, please contact attorney Sean B. Swords at 512-478-2211 or sswords@wenholz.com.

Wenholz Law Firm files wrongful death suit against the City of Austin d/b/a Austin Energy in electrocution death of construction worker

On April 7, 2017, the Wenholz Law Firm filed suit against the City of Austin d/b/a Austin Energy for the wrongful death of a construction worker who was electrocuted while performing construction work at the OK Corral Night Club on West Ben White Blvd. when he came into contact with a live power line. For more information contact Sean B. Swords at (512) 478-2211 or sswords@wenholz.com

Suit filed by Wenholz Law Firm against Ford Motor Company alleging defective roof in Ford F-250 Super Duty Crew Cab

On November 4, 2016, the Wenholz Law Firm filed a wrongful death suit against The Texas Department of Transportation and Ford Motor Company on behalf a mother who lost her son and husband on Mother’s Day in May of 2016 when the roof of their Ford F-250 Super Duty Crew Cab crushed the occupants inside. This accident took place less than two miles from a prior wrongful death on Highway 290. For more information contact David C. Wenholz at (512) 478-2211 or dwenholz@wenholz.com

Texas Department of Transportation sued by the Wenholz Law Firm alleging Highway 290 between Manor and Elgin is “unreasonably dangerous”

On September 12, 2016, the Wenholz Law Firm filed suit on behalf of Evangelos Voutsinas whose wife was killed when a tow truck hit her head on. The petition alleges that TxDOT knew or should have known of the unreasonably dangerous condition of Highway 290 between Manor and Elgin. For a full report, see Brian Collister’s KXAN report “Highway Safety Secrets”. For more information contact David C. Wenholz at (512) 478-2211 or dwenholz@wenholz.com

David C. Wenholz and J. Luke Dow

Wenholz | Dow, P.C., Trial Lawyers

The team of attorneys at Wenholz | Dow, P.C., Trial Lawyers in Austin, TX, represents victims of car and truck accidents, construction accidents, defective products, and more. Our attorneys prepare every case with the intention of going to trial, and we do not settle for anything less than the best possible outcome for our clients.

Our lawyers are affiliated with the American Board of Trial Advocates and the Texas Board of Legal Specialization.

To request a consultation with our team, please fill out our online form or call (512) 478-2211.

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