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Dallas-Fort Worth Attorneys Obtain Victory in Dallas County

Litchfield Cavo LLP attorneys Matthew T. McLain and Emily P. Hollenbeck recently obtained a victory in a personal injury premises liability case in the 193rd Judicial District Court in Dallas County, Texas.

The lawsuit arose from an automobile accident in which the Plaintiff’s vehicle allegedly struck a four-foot-long post lying on the ground in a parking lot owned by our client, the owner of a commercial shopping center. Plaintiff’s claims against our client were subject to a two-year statute of limitations. However, despite filing suit within the limitations period, Plaintiff did not serve our client with citation until several months later.

Litchfield Cavo attorneys Matthew T. McLain and Emily P. Hollenbeck prepared and filed a traditional motion for summary judgment requesting a dismissal of all claims against our client on the basis that Plaintiff failed to exercise diligence in attempting to serve our client with citation. The District Court granted the motion and Plaintiff subsequently filed a motion to reconsider. After hearing arguments from Plaintiff’s counsel and Emily Hollenbeck on the motion to reconsider, the Court denied Plaintiff’s motion and upheld the dismissal of all of Plaintiff’s claims against our client with prejudice.

Emily is an attorney in our Dallas-Fort Worth office. She represents entities throughout all aspects of their civil litigation case from initial assessment through jury verdict and post-judgment motions. Emily routinely defends clients against claims in commercial, construction defect, premises and products liability, trucking and medical malpractice cases.

Matt is a partner in Litchfield Cavo’s Dallas-Fort Worth office. He routinely defends clients in construction defect, premises liability, products liability, toxic torts and trucking cases in both federal and state courts. Matt also has extensive experience in commercial cases, including cases involving breach of contract, theft of trade secrets and breach of fiduciary duty.