Archive for July, 2010

Arnold & Placek, P.C. Obtains Dismissal of Bad Faith Claim on Mandamus Petition

Written by A&P News on July 26th, 2010. Posted in Appeals, Bad Faith

14th Court of Appeals, Houston, Texas

Arnold & Placek, P.C. today successfully obtained the full dismissal of all bad faith claims asserted against Texas Mutual Insurance Company by Adrian Harding. Mr. Harding suffered an on the job injury. After a brief dispute of his extent of injury, Harding sued Texas Mutual for delay of his surgery – despite the fact that he had never requested surgery while his dispute was pending.

After the trial court denied Texas Mutual’s Plea to the Jurisdiction, Arnold & Placek filed a petition for writ of mandamus arguing that the Brazoria County District Court had abused its discretion in denying the plea. After hearing oral argument, the 14th Court of Appeals agreed, and in a thorough and well reasoned opinion, explained that a worker cannot avoid seeking their DWC remedies during a pending dispute, and later claim the dispute caused them damages. Adrian Harding was represented in the trial court by Michael Doyle and Patrick Dennis with the firm of Doyle, Raizner LLP. Scott Placek represented Texas Mutual and argued the case before the 14th Court of Appeals.

Arnold & Placek, P.C. Obtains Summary Judgment on Bad Faith Claim

Written by A&P News on July 23rd, 2010. Posted in Bad Faith, Trial

67th District Court for Tarrant County, Texas

Arnold & Placek, P.C. obtained a summary judgment on behalf of the Travelers Group in a workers’ compensation bad faith claim, establishing, as a matter of law that there was no bad faith on the part of Travelers.  Thomas Sauvlet sued Travelers in Tarrant County, Texas contending that their dispute of his unwitnessed bathroom slip and fall accident was a breach of the duty of good faith.  Through carefully tailored discovery, Arnold & Placek was able to establish that, as a matter of law, a reasonable basis existed to dispute the claim.  Judge Don Cosby granted Travelers summary judgment after Arnold & Placek had previously obtained the dismissal of an identical suit Sauvlet had filed in Dallas County.  Kyle Jones represented the Travelers Group.