Dallas, Texas (PRWEB) May 07, 2014
Jack Luckett and Zach Mayer, of Kane Russell Coleman & Logan, prevailed in an interlocutory appeal for a national retailer, clarifying who is entitled to sue under the Texas Wrongful Death Act. According to Plaintiffs' allegations, their biological father passed away due to injuries he sustained when a new television he rented caught fire in his home. Plaintiffs filed a wrongful death action against the television's manufacturer and retailer. KRCL attorney Jack Luckett discovered the existence of court orders terminating the parent-child relationship between Plaintiffs and their biological father. Defendants then sought summary judgment claiming that Plaintiffs did not have standing to sue under the Texas Wrongful Death Act.
The trial court originally denied the summary judgment, but allowed a permissive interlocutory appeal, recognizing “there is substantial ground for difference of opinion…on the legal question concerning the effect of a termination order entered under the Texas Family Code on a claimant’s right to bring a claim under the Wrongful Death Act.” The appellate court then granted Defendants' Petitions for Permissive Appeal, agreeing to address the substance of Defendants' argument.
Jack Luckett briefed and argued the appeal, which presented a unique question of statutory interpretation. In an opinion awaiting publication, the appellate court reversed the trial court’s decision and held that termination of the parent-child relationship extinguishes a biological child's standing to sue under the Wrongful Death Act, even though the child is still allowed to inherit through a biological parent. See LG Electronics USA, Inc. v. Grigg, ___ S.W.3d ___, 2014 WL 806366 (Tex.App.—Tyler, no pet.) (No. 12-13-00302-CV; 2-28-14). Therefore, the Court held that the Plaintiffs have no standing to sue under the Texas Wrongful Death Act.
“This is a great example of how zealously Jack defends our clients. He tracked down the relevant evidence, developed an innovative legal theory, and convinced the appellate court to rule in our favor,” said Zach Mayer, director in the Dallas office. “He did an impressive job handling this appeal.”
Kane Russell Coleman & Logan PC is a full service law firm with offices in Dallas and Houston. Formed in 1992 with five lawyers, today KRCL has more than 80 attorneys. The Firm provides professional services for clients ranging from Fortune 500 companies to medium-sized public and private companies to entrepreneurs. KRCL handles transactional, litigation and bankruptcy matters in Texas and throughout the country.
SOURCE: Kane Russell Coleman & Logan, P.C.
CAUSE/CASE NO: CV-01745-12-09
COURT: 159th Judicial District Court, Angelina County, Texas
JUDGE: Honorable Paul E. White