In Central Texas, we’ve gone from drought and fires to lightning and flash flooding, a/k/a fall in Austin.
As the seasons start to change, my favorite autumn quote comes to mind:
“Autumn shows us how beautiful it is to let things go.”
At Fletcher Farley, we are staying on top of the myriad of activities that make up the daily life of a litigation law firm. With Courts opening up to nearly pre-COVID levels, the pace has really picked up. Nonetheless, we still make time to appreciate the changes that September brings: the relief from sweltering heat, the excitement of kids back in school, and of course, because this is Texas, the return of football season.
We encourage each of you to enjoy the transition from summer to fall and embrace the change. And with respect to whatever is not working for you, go ahead and let it go. Happy Fall from Fletcher Farley!
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Lessons Learned:
Documents Produced in Discovery
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Plaintiffs’ attorneys produce records in every case, and often, they leave out information that we want. It might be a reference to underlying medical conditions or prior accidents, that we in turn, must investigate further through deposition testimony or by requesting records from prior medical providers or employers. However, sometimes plaintiffs’ attorneys produce valuable evidence in a case and may not even realize they are doing it. For example, we recently had a case where a plaintiff was making a substantial lost wage claim that required us to pursue more detailed wage information. We tried to obtain the information during his deposition and from his employer through a records request, but each time, we did not receive the level of detail we wanted and needed. In reviewing plaintiff’s discovery responses, he produced an excel spreadsheet, that at first glance, only gave summarized information from his employer. We later discovered that the more detailed information we had been pursuing was “hidden” and the underlying metadata was still within the spreadsheet when it was produced. This information allowed our retained expert to push back on the lost wages claimed by the plaintiff in greater detail than the opposing expert.
In another case, plaintiff had asserted a wrongful death claim based on an alleged common law marriage despite a prior legal divorce from the deceased. During the discovery process, plaintiff’s counsel produced one of the most valuable pieces of evidence: a death certificate. To complete that certificate, plaintiff provided information, including identifying herself as the deceased’s ex-wife and noting that they lived at different addresses at the time of his death. When this evidence was raised later in this case, plaintiff’s counsel said he was not aware of the same even though he had produced it on behalf of his client. As a legal state document, the certificate carried great weight as direct evidence against plaintiff’s claim of a common law marriage.
In each instance, plaintiff’s counsel produced an incredibly valuable piece of evidence in defending our client’s interests in a case. Neither attorney knew the importance of the records that they were producing, and in the first instance, discovering the detailed information required outside of the box thinking. That said, it also teaches us an important lesson as to the caution needed when producing documents in answering discovery for our clients. Always be mindful of what you are producing and make sure you know all of the information contained within that production.
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Derreck successfully secured a no-negligence finding for our clients who had been sued because our driver started to turn without noticing that CDF was illegally passing us on the left at an intersection. The impact resulted in CDF running off the road and into a guy on a tractor (venue in Gillespie County), who claimed injuries and sought $500,000 from the jury. Despite Plaintiff’s request that the jury apportion negligence 50/50 and his use of actual toy cars to demonstrate how the collision occurred, the jury found no negligence on our folks and awarded $125,000 for the personal injury claim. The Defendants had $168,000 on the table since mediation #2 over a month ago.
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Join us in Dallas on October 14th for the annual Fletcher Farley Texas Law Update! Attendees will have the chance to earn continuing education hours, obtain the latest industry knowledge, and enjoy limitless networking opportunities with other insurance claim professionals, risk managers, in-house counsel and other industry-related partners. |
If you would like more information or have questions, please contact:
Doug Fletcher
Firm Managing Partner
214.987.9600
Joanna Salinas
Austin Office:
Managing Partner
512.476.5300
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