Wright & Greenhill, PC attorneys Craig Courville and Noelle Simon prevailed at the Seventh Court of Appeals last month. Mr. Courville and Ms. Simon represented a Dallas company whose employee alleged that he was injured when he touched a damaged electrical wire while installing Christmas lights in 2024. Trial counsel with the Grau Law Group secured a summary judgment dismissing the Plaintiffs claims at the trial court.
On Appeal, Plaintiff’s counsel argued that the trial judge erred in granting the summary judgment, that the judge who granted the summary judgment did not have the authority to do so, and that the objection to Plaintiff’s affidavit should not have been sustained in the trial court.
A three-justice panel at the Seventh Court of Appeals disagreed with the Plaintiff’s arguments and affirmed the judgement of the trial court. In so doing, the Court’s Opinion agreed with all of the defense’s appellate arguments, holding that Judge Vince Sprinkle was properly assigned to preside over Tarrant County Court at Law Number 1 as a visiting judge and, thus, had authority to grant the defendant’s summary judgment.
The Court of Appeals further sided with the defense holding that Plaintiff’s claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act and that the Defendant need not satisfy the requirements of an election of remedies defense as that is not what the Defendant plead or proved. Rather, the Court found that the Defense established the necessary elements of the exclusive remedy defense on which it relied.
Finally, the Court of Appeals agreed with the defense that Plaintiff’s affidavit was self-serving, was irrelevant to Plaintiff’s attempt to refute the Defendant’s exclusive remedy defense but, rather, helped establish the element of the defense actually asserted.
The majority of Mr. Courville and Ms. Simon’s law practice revolves around defending individuals, companies and employers in lawsuits involving personal injury, premises liability, construction defects, and commercial disputes.