General Casualty and Tort Defense
- After primary insurer tendered its limits, excess carrier retained Schubert & Evans to become lead counsel for the trucking company in suit filed by motorcyclist plaintiff.
- Represented commercial property owner/landlord in premises liability assault/shooting case where plaintiff alleged that client, as landlord, knowingly leased property to a known felon with a history of violence, for use by tenant for allegedly illegal purposes. After extensive discovery and filing of extensive evidentiary motions for summary judgment, clients carrier was successful in settling suit for less than future “cost of continued defense.”
- Represented subcontractor in wrongful death action arising out of tilt-wall accident on commercial construction project. The lawsuit was resolved on favorable terms for the client.
- Represented trucking company in personal injury suit from an independent contractor driver who allegedly suffered serious bodily injury, including deteriorating eyesight. Suit was resolved after extensive discovery showed plaintiffs injuries were due to a pre-existing condition and where plaintiff failed to establish any liability on the part of the company.
- Represented real estate developer in lawsuit brought by a private landowner alleging that clients development caused water to flood onto plaintiffs property. After extensive discovery and with a motion for summary judgment set for submission before the trial court, the lawsuit settled on beneficial terms to client.
- Represented owner of apartment complex in wrongful death/premises liability suit arising out of elderly tenants death due to 3rd and 4th degree burns sustained allegedly due to older hot water system that allegedly violated city building/plumbing codes; retained former head of building inspection department of the city as expert and moved for summary judgment on legal grounds prompting plaintiffs to settle the case on very favorable terms for client and its insurer.
- Represented masonry contractor in suit brought by subcontractor’s employee who fell off of scaffolding, sustaining very serious injuries.
- Represented owners of apartment complex located in high violent crime area in wrongful death suit filed by tenant who was mistaken-identity victim of gang shooting at the complex; case resolved before suit was filed on favorable terms to client and its insurer.
- Represented large government contractor sued by holders of Galveston Bay oyster leases in suit alleging that dredging/beneficial use site project caused millions of dollars in lost oyster harvesting revenue to nearby oyster beds; case involved complex issues of federal court jurisdiction in district court and Federal Court of Claims; case resolved on extremely favorable terms to client and its insurers following attacks on plaintiffs damage model.