Bajaria & Forgerson Law Group Obtains Critical Texas Supreme Court Victory in Lawsuit Alleging Fuel Leak Caused by a Texas Department of Transportation Contractor

DALLAS, Feb. 11, 2022 /PRNewswire-PRWeb/ -- Favad Bajaria, a business trial attorney at Bajaria & Forgerson Law Group, on behalf of his client, Hoodbro Enterprises, Inc. ("Hoodbro"), filed a lawsuit involving SouthGate Mobility, an entity affiliated with Kiewit Corporation, which was awarded a contract to construct and manage the expansion of State Highway 183, and its related entities and contractors. SouthGate Mobility and its related entities and contractors are alleged to have trespassed onto Hoodbro's gas station property in which underground storage tanks containing fuel were located at that time. Despite being warned repeatedly about the risks of their actions, court records allege the defendants' actions caused a major fuel leak and environmental disaster which led to extensive subsurface fuel contamination. Allegedly as a result, Hoodbro's gas station was ultimately shut down.

Favad Bajaria, lead counsel on the case on behalf of Hoodbro, and other attorneys at Bajaria & Forgerson Law Group, successfully defeated a Rule 91(a) Motion to Dismiss filed by key defendants in the case in the Tarrant County trial court, and then successfully defended an appeal of the trial court's ruling at the Second Court of Appeals in Fort Worth and the Texas Supreme Court. Subsequently, Favad Bajaria and attorneys at Bajaria & Forgerson Law Group defeated a Motion for Summary Judgment also related to dismissal of some of the key defendants. Anthony Ricciardelli with the Ricciardeli Law Firm also represents Hoodbro and was instrumental in defending the appeals and assisting Bajaria & Forgerson Law Group with the underlying litigation in the trial court.

The technical legal issue relates to some of the SouthGate defendants that were added to the lawsuit in late 2020. These SouthGate defendants requested that they be dismissed from the case arguing that the relevant statute of limitations had expired and filed a Rule 91(a) Motion to Dismiss. Hoodbro argued that exceptions to limitations applied, including the equitable defense of misidentification. The trial court denied the Southgate defendants' Rule 91(a) Motion to Dismiss and sided with Hoodbro. SouthGate appealed this ruling to the Second Court of Appeals and Texas Supreme Court arguing that the trial court's decision should be overturned. Both the Second Court of Appeals and Texas Supreme Court left the trial court's ruling in place.

After the conclusion of the appeals, the same SouthGate defendants then requested that Hoodbro's claims be dismissed pursuant to a Traditional Motion for Summary Judgment on similar grounds as the Rule 91(a) Motion to Dismiss. After a lengthy hearing, the trial court denied SouthGate's motion, effectively permitting the case to be presented to a jury after years of back-and-forth litigation. Favad Bajaria provided the following statement: "We are pleased that multiple courts in Texas, including the Fort Worth Court of Appeals and Texas Supreme Court, have ruled in our client's favor and allowed this case to proceed to a jury trial so that it can finally be adjudicated. My clients are eager to present this case to a jury as soon as possible."

Favad Bajaria is an experienced business trial attorney and lead counsel in the case for the plaintiff. He also serves as Bajaria & Forgerson Law Group's Managing Partner. Bajaria & Forgerson Law Group is a boutique business law firm focused on banking, title insurance, real estate, and sophisticated business and securities litigation. The firm represents banks, investors, developers, and real estate funds in transactions and title insurance matters. The firm also has extensive experience representing plaintiffs and defendants in state and federal courts throughout Texas in all types of commercial and business matters.

Media Contact

Favad Bajaria, Bajaria and Forgerson Law Group, +1 (214) 888-3070 Ext: 1, [email protected]

SOURCE Bajaria and Forgerson Law Group