Robert Root

Robert Root is a proud native of Southeast Texas and alumnus of Vidor High School, Lamar University, and University of Houston Law Center. Robert graduated summa cum laude with a Bachelor of Science in Political Science from Lamar University. He was named a Lamar University Senior of Significance and was awarded the Ortho B. Plummer Award for Outstanding Graduate. He then went to law school at the University of Houston Law Center where he was a Dean’s Academic Scholarship recipient and a Case Notes and Comments Editor for the Houston Journal of International Law.

Robert is a trial and appellate lawyer that practices in the areas of commercial litigation, insurance defense and first-party insurance litigation, personal injury defense, and railroad/transportation litigation. He handles civil appeals at the state and federal level. The issues Robert works on usually involve complex procedural problems, intricate policy coverage analyses, novel areas of law, or catastrophic injuries/death. Robert routinely assists insurance carriers with “Stowers” doctrine claims, extra-contractual liability claims, bad faith insurance claims, policy coverage analyses, and pre-litigation/post-accident investigations.

Robert has obtained numerous favorable results for firm clients, including:

• Obtaining a defense verdict on liability grounds in a personal injury/car accident lawsuit. The three plaintiffs sought over $279,000.00 for alleged injuries they related entirely to the underlying accident. Their medical treatment included lumbar injections, post-accident emergency room visits, and extensive pain management and chiropractic/physical therapy treatment. The jury found the firm’s client was not liable for causing the accident, and they placed 100% of fault on the co-defendant represented by another firm. In awarding the plaintiffs damages, the jury agreed with our damage model and only awarded $9,327.22 (all against the co-defendant). The jury did not award any damages to the plaintiffs for any injections received post-accident. As Robert requested during closing arguments, the jury’s award was for only one post-accident emergency room visit and a limited amount of post-accident chiropractic treatment. 163rd District Court of Orange County, Texas. Co-counsel, Mark Lambert.
• Overturning, via a Petition for Equitable Bill of Review, a $1.2 million default judgment entered against a firm client. The court entered the final default judgment nearly three years prior. After an evidentiary hearing, the 60th Judicial District Court of Jefferson County, Texas found that, among other things, there was a defect in service of process and overturned the judgment. Co-counsel, Collin Shellenberger.
• Obtaining, via motion for summary judgment, dismissal of three premises liability defendants in an apartment “slip and fall” case. The plaintiff claimed all three defendants were negligent and grossly negligent in causing her alleged injuries for failing to properly maintain a staircase and for failing to properly light a stairway. The plaintiff sought over $1,000,000 in damages. The trial court granted summary judgment in favor of all three defendants on liability grounds, the Seventh Court of Appeals upheld that decision, and the Texas Supreme Court denied the plaintiff’s Petition for Review. Handy v. 1100 Reinli Street LLC, et al, No. 07-23-0025-CV, 2023 WL 4882658 (Tex. App.—Amarillo July 31, 2023, pet. denied). Co-counsel, J. Mitchell Smith.
• Obtaining, via a special appearance, dismissal of a plaintiff’s personal injury claims against a railroad company. The plaintiff sought to prove that a defendant railroad company was subject to personal jurisdiction in Texas for alleged on-the-job injuries that occurred in Louisiana. The defendant railroad company did not have its principal place of business in Texas, nor was it incorporated in Texas. The trial court found that it lacked personal jurisdiction over the out-of-state defendant and dismissed all the plaintiff’s claims against it for want of jurisdiction. The plaintiff ultimately dismissed his appeal of this ruling while it was pending before the First Court of Appeals. Francis v. The Kansas City Southern Railway Company, et al, Cause No. 2023-06561, pending before the 215th District Court of Harris County, Texas. Co-counsel, J. Mitchell Smith.
• Striking opinions of two separate “expert” lifecare planners designated by a plaintiff in a fatality car wreck case where the plaintiffs had asserted non-subscriber workers’ compensation claims, negligence claims, and gross negligence claims against the firm’s client. The trial court agreed with Robert’s arguments that the purported experts were not qualified to provide their offered opinions due to the experts’ failure to meet the E.I. du Pont de Nemours and Co. v. Robinson standards. 128th District Court of Orange County, Texas. Co-counsel, Collin D. Shellenberger.

Outside of the practice of law, Robert devotes significant time to various charitable causes and organizations. He sits on boards of local charities and is passionate about encouraging young people to enter the legal profession. When able, Robert advocates for parents whose parental rights have been terminated by the Texas Department of Family and Protective Services (“CPS”) as a court appointed ad litem attorney.