J. Michael Dodson

Education

• Lamar University, BA Government, Highest Honors 1979
• University of Houston School of Law, JD 1981
• University of Houston Law Review, Research Staff Editor
• Mediator Training: A.A. White Dispute Resolution Center, University of Houston, 1998
• University of Saint Thomas, Certificate in Pastoral Theology, 2022

Court Admissions and Affiliations

• State Bar of Texas
• State Bar of Louisiana
• United States Supreme Court
• United States Court of Appeals, Fifth Circuit
• United States District Courts for Eastern, Western, Northern and
• Southern Districts of Texas, and the Western District of Louisiana

Board Certifications

• Personal Injury Trial Law; Texas Board of Legal Specialization
• Civil Trial Law; Texas Board of Legal Specialization

Honors and Awards

• Texas Super Lawyers [2006-Present]
• Martindale Hubbell, AV rated
• Texas Bar Foundation, Life Fellow

Litigation Experience: General Personal Injury Cases

• Defended retailer in major explosion and fire case at a saltwater disposal facility in Pecos, Texas, resulting in serious burn injuries to Plaintiff.
• Defended Machine Shop in complex double fatality wrongful death case where husband and wife died from exposure to H2S gas at oilfield pumping station in Odessa, Texas. Plaintiffs alleged plungers installed three weeks before the incident backed off the threads, leading to the failure of the pump and the release of H2S gas.
• Represented insurance carrier in numerous first party claims resulting from 2020 explosion in northwest Houston, and subsequently was involved in facilitating the global settlement of hundreds of personal injury claims pending in Bankruptcy Court and the MDL.
• Defended Louisiana Contractor against wrongful death action in which an off-duty employee crossed the center line in his personal vehicle on the way to work, striking a motorcyclist.
• Defended excavating contractor against claims arising out of serious injuries resulting from the rupture of an unmarked pressurized gas line.
• Defended fountain contractor in complex drowning case, with negligence, product liability and indemnity issues.
• Defended paving contractor against claims of vicarious liability for negligence of independent contractor truck driver, winning motion for summary judgment – upheld on appeal at Nicolette Elvir v. Brazos Paving, Inc., 2017 Tex. App. LEXIS 8348 (Tex. App. – Corpus Christi, 2017, No Pet.).
• Defended truck driver and employer against claims for mild traumatic brain injury alleged to have resulted from trucking accident.
• Defended museum foundation from claims of mild traumatic brain injury alleged to have been sustained by volunteer actor in war reenactment program when pyrotechnic charge exploded under actor’s head.
• Defended construction contractor in multi-fatality motor vehicle accident in Atlanta, Texas, involving the deaths of three teenagers and injury to a fourth. Plaintiffs alleged negligent design of ingress and egress from convenience store parking lot onto major highway. Case filed in Brazos County, Texas, but venue changed to Cass County, Texas.
  • Related mandamus proceeding in In re Seven-O Corporation, 289 S.W.3d 384 (Tex. App. – Waco 2009, original proceeding) involving the disqualification of attorney who was representing both the plaintiffs and third party defendants at the same time. Related original mandamus proceeding also filed and denied in Texas Supreme Court.
  • Related venue appeal in Waco Court of Appeals.
  • Related mandamus action in Waco Court of Appeals relating to trial court’s order denying severance of underinsured motorist claim from premises liability claims.
• Defense verdict in Jefferson County, Texas, for general contractor in wrongful death case in which elderly patient at hospital died seven hours after a heavy storage cabinet fell on top of her. The storage cabinet had been unbolted from the wall by sub-contractors during construction renovations.
• Successful representation of surviving minor child in oilfield electrocution wrongful death case in Rusk County, Texas
  • Related Freedom of Information Act lawsuit in Eastern District of Texas to secure incriminating statements from OSHA investigation. After Department of Labor determined key witness had not testified truthfully in deposition, they ruled that he waived his right to be a confidential informant, and produced the complete unredacted statement that was case determinative of the issues.
• Defended Texas employer and Louisiana employee in serious motor vehicle accident occurring in Louisiana, with complex jurisdictional and course and scope issues.
• Successful representation of general contractor in case filed by plumbing sub-contractor who was injured by collapse of twelve foot deep excavation.
• Successful representation of lake resort property in Orange County, Texas, in wrongful death drowning of nine year old child.
• Successful defense of numerous complex motor vehicle, industrial and construction accident cases

Litigation Experience: Products Liability

• Successfully recovery for injured survivor in complex helicopter design defect case in Nueces County, Texas, involving helicopter crash in the Gulf of Mexico.
• Defense verdict in Jefferson County, Texas, for manufacturer of garbage truck compacting unit in defective design case, where plaintiff sustained seriously disabling injuries to both hands when they became entangled in compacting unit.

Litigation Experience: Premises Liability

• Defense verdict in suit against lake resort in Jasper County, Texas by guest who step onto allegedly rotten wooden steps on golf course, which gave way, causing guest to fall.
• Defense verdict in Federal Court trial against major retailer when customer slipped on ice cream spilled on floor near check out.
• Represented property owner in Nacogdoches, Texas in premises claims brought by cleaning contractor of office building who slipped in water near dumpster.
• Represented property owner in Jefferson County, Texas in premises claim brought by elderly patient of ophthalmologist office who allegedly fell due to minor imperfection in sidewalk joint – summary judgment granted.
• Successful recovery in premises case for off duty employee who fell on freshly mopped area of floor by employee bulletin board.

Litigation Experience: Commercial / Insurance Litigation

• Defended insurance carrier in major circumstantial evidence arson case, with successful mandamus and subsequent appeal.
• Represented major insurer in complex indemnity claim, including appeal to U.S. Court of Appeals for the Fifth Circuit, in case arising from serious personal injuries when original plaintiff was crushed by concrete wall panel being hoisted by a crane.
• Defended claim of damage to chemical company pipeline in Trinity River, alleged to have been damaged by construction equipment left in area, which was displaced following torrential rain and flooding along the river.
• Successfully defended air conditioning contractors in multiple construction defect cases.
• Defended air conditioning company in consumer litigation in Jefferson County, Texas trial. Adverse judgment reversed on appeal and judgment rendered in favor of defendant – Book v. American Air Systems, Inc., 2017 Tex. App. LEXIS 2016 (Tex. App. – Beaumont 2017)
• Defense verdict in Hurricane Ike claim against insurance carrier in Orange County, Texas, brought by commercial property owner who also had un-repaired damages to same properties from Hurricane Rita in 2005. Judgment affirmed on appeal, Ware v. United Fire Lloyds, 2013 Tex. App. LEXIS 5730 (Tex. App.—Beaumont 2013, no pet.)
• Successful defense of insurer in Hurricane Rita insurance fraud case in which insured manufactured receipts for additional living expenses, and submitted to insurance carrier for reimbursement. Case dismissed after remand from reversal of summary judgment. See Temcharoen v. United Fire Lloyds, 293 S.W.3d 332 (Tex. App. – Eastland 2009, pet. denied).
• Successful representation in Angelina County, Texas, of cooperative association of blueberry farmers against refrigeration facility for negligence in failing to blast freeze blueberry products according to contract.
• Defended complex multi-party suit against interim seller of lake property on Lake Livingston, Texas, in which plaintiffs alleged seller failed to disclose material defects in foundation.
• Successful representation of commercial borrower in complex lender liability case in U.S. District Court in Beaumont, Texas, which featured complex electronic discovery issues, leading to sanctions against commercial lender for withholding and erasing incrimination e­mails from hard drives of computers.
• Defended building/demolition contractor in factually complex trial in Galveston County, Texas, involving demolition of a building following what was alleged to have been suspicious fire at a seafood warehouse.

Litigation Experience: Toxic Torts

• Defended major insecticide manufacturer in wrongful death case from Non-Hodgkins Lymphoma, alleged to have been caused by exposure to 2, 4, 5-T and 2,4-T.
• Defended major chemical company in Louisiana Benzene Litigation
• Defense of jewelry supply manufacturer against scleroderma claim brought by former jeweler
• Successful defense of major silicosis defendant, including multiple trials, with one case resulting in the significant Texas Supreme Court decision involving the sophisticated user defense in Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004), which has been cited by numerous courts around the country.
• Successful defense of silica supplier in complex toxic tort case in Joplin, Missouri involving plaintiff who worked work in animal feed supplement and fertilizer plant and claimed to have developed silicosis and scleroderma from the inhalation of silica in the workplace. Case involved application of sophisticated user/learned intermediary defense.
• Successful defense of silica sand suppliers, having personally defended silica cases as lead counsel in cases in Texas, Louisiana, Arkansas and Missouri.
• Has presented papers and spoken at numerous seminars across the country with regard to the silica litigation, primarily speaking on the general topics of duty to warn and the sophisticated user defense
• Prior experience in handling and defending asbestos claims and floor tile claims

Appellate Cases

INSURANCE BREACH OF CONTRACT – ARSON/FRAUD

• United Fire Lloyds v. Inner Pipe Pipeline, LLC, 2023 Tex. App. LEXIS 4774, 2023 WL 4307654 (Tex. App. – Tyler 2023) – Appeal from bench trial of complex insurance breach of contract case with issues of Arson and insurance fraud.

LOUISIANA APPEAL – DECLINATORY EXCEPTION OF IMPROPER VENUE

• Universal Servs. & Associates, LLC v. Grundmeyer, 354 So.3d 255 (La. App. 4 Cir. 2022) – (Teamed with New Orleans Counsel) In a breach of contract case, with Plaintiff also alleging conversion and fraud, the trial court’s judgment sustaining defendant’s declinatory exception of improper venue was affirmed, as the source of the allegations for conversion clearly arose out of, or arose under or in connection with the transactions that were memorialized in the contracts with enforceable forum selection clauses.

MANDAMUS – ATTORNEY DISQUALIFICATION

• In re Alliance Mach. & Specialties, Inc., 2021 Tex. App. LEXIS 3614, 2021 WL 1878374 Tex. App. – Houston [1st Dist.] 2021 – Mandamus action relating to attorney disqualification.

ARSON – INSURANCE FRAUD / DISCOVERY OF OTHER PRIOR BAD ACTS

• In re United Fire Lloyds, 578 S.W.3d 572, 576 (Tex. App. – Tyler 2019) –
  Mandamus relief granted to allow discovery of records from third parties relating to evidence of prior bad acts and other fraudulent activities, as such may be related to motive, intent and absence of mistake.

VICARIOUS LIABILITY /NO CONTROL OVER ACTS OF SUBCONTRACTOR, TWICE REMOVED

• Nicolette Elvir v. Brazos Paving, Inc., 2017 Tex. App. LEXIS 8348 (Tex. App. – Corpus Christi, 2017, No Pet.) – Plaintiff appealed summary judgment granted by the trial court in Brazos County, Texas. Summary Judgment affirmed, with Court of Appeals ruling that paving contractor was not liable for a driver’s injuries suffered in a collision with a dump truck because its subcontractor had itself subcontracted a job to a sub-subcontractor, whose employee was driving the dump truck that injured the driver. Paving contractor owed no duty to the plaintiff driver because it did not control the employee of the subcontractor twice removed, so that all of the driver’s vicarious liability theories (agency, borrowed employee, nonemployee mission, and others) failed; there was no evidence the contractor contractually or actually retained the right to control the means, methods, or details of how the subcontractor’s sub and its driver performed their work.

INSURANCE COVERAGE / ADDITIONAL INSURED AND DUTY TO DEFEND

• Colony Nat’l Ins. Co. v. United Fire & Cas. Co., 677 Fed. Appx. 941 (5th Cir. 2017) – Where a subcontractor’s employee was seriously injured on the jobsite and that subcontractor’s insurer defended the contractor defendant, the insurer of a second subcontractor had a duty to also defend the contractor because the employee’s pleadings sufficiently alleged liability with respect to the second contractor which could be imputed to the contractor directly arising out of second subcontractor’s ongoing operations performed for the contractor. Both carriers of the two subcontractors were obligated to share in the costs of defending the contractor because the “other insurance” clauses in the policies were mutually repugnant, cancelling each other out and requiring the equal sharing of defense costs.

LIMITATIONS/DISCOVERY RULE AS TO AIR CONDITIONING SYSTEM

• American Air Systems v. Book, 2017 Tex. App. LEXIS 2016 (Tex. App. – Beaumont 2017, Pet. Denied) – After jury verdict and judgment in favor of homeowner in a claim relating to a leaking air conditioning system, the Court of Appeals reversed and rendered judgment for the defendant, concluding plaintiffs’ claim was barred by limitations, concluding that the homeowners discovered or, through the exercise of reasonable diligence, should have discovered their injury and right to seek a legal remedy more than two years before they filed suit against the defendant. The trial court erred in failing to grant the defendant’s motion for directed verdict and motion for judgment notwithstanding the verdict. The trial court had earlier denied defendant’s motion for summary judgment.

DISCOVERY REQUEST FOR SOCIAL MEDIA POSTS

• In re Indeco Sales, Inc., 2014 Tex. App. LEXIS 11859 (Tex. App. – Beaumont 2014) – Mandamus denied for overly broad discovery requests for social media posts from plaintiff’s Facebook Page in traumatic brain injury case. Plaintiff’s posts contradicted statements she made to treating physicians and other contentions she made in the case.

HURRICANE CASE / EXCESSIVE DEMAND

• Ware v. United Fire Lloyds, 2013 Tex. App. LEXIS 5630 (Tex. App. – Beaumont, 2013, No Pet.) – Appeal from defense verdict. Judgment affirmed as to nominal award of attorneys’ fees due to the excessive demand doctrine.

VENUE APPEAL FROM INTERLOCUTORY ORDER

• Smithtex, LLP v. DeMott, 2010 Tex. App. LEXIS 10312, 2010 WL 5419008 (Tex. App. – Waco, 2010) – Multiple fatality wrongful death case, with issues of improper design of egress and ingress of multiplex center. Defendants filed interlocutory appeal from an order denying motions to transfer venue. After oral arguments, Court of Appeals granted motion to abate appeal due to agreement as to venue issues, and appeal dismissed as moot.
  • Related Mandamus action challenging trial court’s denial of motion to sever underinsured motorist cause of action from premises liability claims. In re Smithtex, LLP, 2010 Tex. App. LEXIS 1001, 2010 WL 486649 (Tex. App. – Waco 2010).

REVERSAL OF SUMMARY JUDGMENT/FAILURE TO CONFORM TO PLEADINGS

• Maswoswe v. Nelson, 327 S.W.3d 889 (Tex. App. – Beaumont 2010) Successful reversal of $4 million dollar summary judgment based upon deemed findings against Defendant, who was unrepresented by counsel at the time judgment was entered. The judgment did not conform to the pleadings. Judgment set aside and case later mutually dismissed by the parties, partners in a semi-pro basketball team.

INSURANCE FRAUD / ANTI-TECHNICALITY STATUTE

• Temcharoen v. United Fire Lloyds, 293 S.W.3d 332 (Tex. App. – Eastland 2009, pet. denied) – Appeal from the grant of a summary judgment for the carrier in a Hurricane Rita insurance claim involving the application of the anti-technicality statute to void a policy when an insured admittedly manufactured receipts seeking re-imbursement of additional living expenses. After remand, and after the further development of evidence of fraud, the Plaintiff voluntarily dismissed the case.

ATTORNEY DISQUALIFICATION

• In re Seven-O Corporation, 289 S.W.3d 384 (Tex. App. – Waco 2009, original proceeding) – Successful mandamus proceeding to disqualify an attorney who was representing both the plaintiffs and third party defendants in the same case.

TOXIC TORTS — SILICOSIS/SOPHISTICATED USER

• Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004)
  (Teamed with Dallas counsel) — Major toxic tort silicosis appeal, centering on the application of the sophisticated user/learned intermediary defense, and the duty to warn in a knowledgeable industry (abrasive blasting), where the hazards have been known since the 1930’s, and federal regulations place affirmative duties upon the employer.

PERSONAL JURISDICTION — GULF WAR CASE

• Am. Type Culture Collection v. Coleman, 83 S.W.3d 801 (Tex. 2002), cert denied 2003) – (Teamed with Washington, D.C. and Brazoria County counsel) — Approximately 1800 U.S. military veterans, alleging exposures to biological and chemical agents during the Persian Gulf War, filed suit in Brazoria County, Texas, against non-profit biomedical research institute from Maryland, for supplying anthrax and other biological materials to Iraq. Supreme Court ordered case dismissed for lack of personal jurisdiction.

MANDAMUS — DISCOVERY

• In re Cooper, 47 S.W.3d 206 (Tex. App. – Beaumont 2001, no pet.) – Court of Appeals found trial court abused discretion in finding attorney client privilege waived through execution of assignment.

TOXIC TORTS — LIMITATIONS

• Childs v. Haussecker (sub. nom. Humble Sand & Gravel, Inc. v. Martinez), 974 S.W.2d 31 (Tex. 1998) – Silicosis case. Texas Supreme Court established criteria for limitations defense in latent occupational disease cases.

INSURANCE BAD FAITH — THIRD PARTY CLAIMANT

• Rumley v. Allstate Indem. Co., 924 S.W.2d 448 (Tex. App. – Beaumont 1996, no pet.) – Summary judgment for insurer affirmed. Named insured, who asserted claim against spouse, thereby becoming a third-party claimant, had no standing to assert a claim for breach of the duty of good faith and fair dealing.

VICARIOUS LIABILITY — JOINT ENTERPRISE

• Triplex Communications v. Riley, 900 S.W.2d 716 (Tex. 1995) – Dram shop case, in which drunk driver ran over two police officers. Supreme Court of Texas clarified application of joint enterprise theory of vicarious liability, finding no joint enterprise between nightclub and radio station who promoted long standing ladies night activity.

PHYSICAL EXAMINATION OF DEFENDANT

• Williams v. Sanderson, 904 S.W.2d 212 (Tex. App. – Beaumont 1995, no pet.) Mandamus proceeding in wrongful death case involving trial court’s order for defendant wrecker driver to undergo eye examination.

WORKERS COMPENSATION LIEN

• Home Indem. Co. v. Pate, 866 S.W.2d 277 (Tex. App. – Houston [1st Dist.] 1993, writ denied) – Attorney in underlying third-party settlement had had no duty to workers’ compensation carrier seeking to recover lien.

APPEAL BY STATE IN CRIMINAL CASE

• State v. Boseman, 830 S.W.2d 588 (Tex. Crim. App. 1992) – Notice of appeal filed by assistant city attorney on behalf of the state was void because statute provided that only the actual city attorney could file the state’s appeal, and not his assistant.

INSURANCE BINDER

• Southern County Mut. Ins. Co. v. First Bank & Trust, 750 S.W.2d 170(Tex. 1988) Defendant insurer was liable on its extension binder of insurance, because the insured had a valid binder and never authorized the substitution of insurance companies made by his agent.

NEGLIGENT ENTRUSTMENT

• Parker v. Fox Vacuum, Inc., 732 S.W.2d 722 (Tex. Civ. App. – Beaumont 1987, writ ref’d n.r.e.) – Employer liability for negligent entrustment.

FALSE ARREST

• Taco Bell, Inc. v. Saleme, 701 S.W.2d 78 (Tex. Civ. App. – Beaumont 1986, writ ref’d n.r.e.) – False arrest claim of teenage customer who damaged property on restaurant premises.

SOCIAL HOST

• Harrod v. Grider, 701 S.W.2d 937 (Tex. Civ. App. – Beaumont 1985, no writ) – Summary judgment in favor of a parent host to a child social guest was proper where there was no exception to the general rule that the host owed the social guest only a duty not to injure him by willful, wanton, or gross negligence.

ASBESTOS

• Dartez v. Fibreboard Corp, 765 F.2d 456 (5th Cir. 1985) – Asbestos verdict in favor of Plaintiff reversed for evidentiary errors committed by the trial court.

ASBESTOS

• Belton v. Fibreboard Corp, 724 F.2d 500 (5th Cir. 1984) – Asbestos verdict in favor of Plaintiff reversed when trial court informed jury of previous settlements.

Practice Areas

• Products Liability
• Premises Liability
• Torts