Criminal Law

• Wrongful Death
  David Medack received a take-nothing verdict following a five (5) day jury trial in Harris County, Texas. The case involved the electrocution death of Bradley Clark on September 9, 2003. Lucy Hancock, the common-law wife of Mr. Clark, filed the wrongful death case and also brought a survival claim on behalf of the decedent’s estate.
• Traffic Violations
  The defendants contended that the tractor/scraper was adequately illuminated and that the absence of an escort vehicle did not cause the accident. The defendants also argued that the tractor/scraper was off of the main lane of travel at the point of impact. The investigating Texas State Trooper cited the plaintiff for “failure to control speed” and opined that that was the sole factor contributing to the cause of the accident. The defendants were not cited for any traffic violations. In his report, the Trooper concluded that the accident occurred because the plaintiff left the main lane of travel; however, an evidentiary ruling during trial precluded the jury from hearing the Trooper’s opinion as to the likely location of the point of impact.

Property Law

• Premises Liability
  Joe Heard secured a take-nothing judgment on behalf of Defendant La Panza Feliz in Montgomery County, County Court of Law # 2. The Plaintiff’s case involved allegations that a cooler door allegedly fell off the hinges and struck the Plaintiff. The Plaintiff alleged she sustained severe injuries to various parts of her body that required extensive chiropractic care. Following three days of testimony, the Plaintiff rested her case.  Joe Heard then moved for a direct verdict on Plaintiff’s theory of premises liability which was granted by the Court.  The case was then dismissed with prejudice.
• Construction Litigation
  Jim Davis secured a summary judgment ruling on behalf of his client in a complex multi-party construction defect case pending in Starr County, Texas. The ruling resulted in the complete dismissal of all claims against Jim’s client.
• Property Damage
  Fires can be devastating. Like most property damage claims, immediate investigation is paramount. Heard & Medack takes pride in its ability to quickly respond to its client’s needs when time is of the essence. Sometimes, that means immediately videotaping a fire scene. It can also mean securing experts on issues like cause/origin and electrical engineering. With our trial experience, we not only recommend qualified experts, we recommend qualified experts we know will present well during deposition and at trial, should it become necessary. By planning in advance, we prepare for all possible contingencies from summary judgment, to settlement to trial.

Health Law

• Personal Injury
• Auto Accidents

Trusts and Estates

• Probate