Cases and Events

Covington Specialty Insurance Company v. Barren Springs Condos, LLC

Spring 2023 - insurance dispute

Covington Specialty Insurance Company ('CSIC') filed a declaratory action in the United States District Court Southern District of Texas in an attempt to rescind and void a commercial general liability insurance policy that it sold to Barren Springs Condos ('BSC'). BSC had previously sought insurance coverage for a drowning incident that occurred at a pool on its premises. CSIC’s declaratory action was based on Texas Insurance Code chapter 705.004.  CSIC claimed that the policy it sold to BSC should be rescinded as BSC had failed to list a pool on the insurance application. After a lengthy and vigorous discovery process it was discovered that the insurance agent employed by a third party had completed the application and had even e-mailed it to herself and signed it for BSC.  At the eve of trial a confidential settlement was reached with CSIC concerning the policy.  The drowning claim was settled.

Excellence in IS Solutions, Inc v. Frontera Resources Corp. et al.

Summer 2022 - civil litigation

M. Logan v. AmGuard Insurance Co.

Winter 2021 - civil litigation

D. Cromack v. Jones Cuellar, lp

Spring 2020 - civil litigation

Cedillo et. al. v. Hicks et. al.

Spring 2019 - civil litigation

The Cedillo family was renting a single family home from the Hicks.  The Cedillos reported several problems with the rental house.  A few days before Christmas, the Cedillos were awaken to a loud bang.  In the middle of the night the ceiling had collapsed throwing debris through-out the house.  The Cedillos reported the problem to the owners.  Rather than attempt to fix the problems the Hicks called the police and accused the Cedillos of causing the damage.  The Hicks never attempted to make repairs and instead served the Cedillos with an eviction notice.  The Cedillos were forced to leave many of their belongings behind due to asbestos contamination.  The Cedillos sued the Hicks for multiple causes of actions including wrongful eviction and violations of the Texas Property Code. The Cedillos tried their case in Harris County and were awarded damages.  

Jessica Azeneth Jimenez et al. v. Laren Franek et al.

Fall 2018 - personal injury

Beny Cortez was driving his motorcycle on a city street late one night.  Defendant driver had just left a sports bar after a night of partying with her boyfriend.  Defendant driver claimed that she stopped prior to making a left.  Video footage from a nearby Wal-Mart established the Defendant driver never stopped prior to making her left turn.  Defendant driver's left turn caused her vehicle to strike Beny while he was driving straight down the roadway on his motorcycle.  The video footage showed the left turn was unsafe and never gave Beny a chance to stop.  Beny struck Defendant's vehicle and died shortly after impact.  Defendant was charged with a DWI.  The Perdue Law Firm represented Beny's parents against the defendant driver and her boyfriend, the owner of the car who was a passenger at the time collision. A confidential settlement was reached with the defendants.

Michael Cao et. al. v. Nelms Realty

Summer 2017 - personal injury

Mr. Cao was inspecting a leak for his employer when the roof and skylight collapsed.  Mr. Cao fell over twenty feet to the concrete floor below.  He survived the fall but suffered numerous injuries including a traumatic brain injury.  Mr. Cao was emergently taken into the operating room to have a right decompressive hemicranictomy to alleviate the resulting brain swelling. As a result of the surgery his head is permanently disfirgured.  Mr. Cao suffered permanent neurologic injuries as well.  Mr. Cao sued the owner of the warehouse. A confidential settlement was reached with the owner.

Spring 2017 - Honor

Joe N. Perdue was elected to membership in the Fellows of the Texas Bar Foundation. Each year only 1/3 of 1% of the State Bar members are invited to become Fellows.  Fellows are selected for their commitment to the improvement of the justice system through-out the state of Texas. 

Samuel and Deborah Jenkins

Winter 2016 - personal injury

On October 22, 2015, Mr. and Ms. Jenkins were in a violent head-on car wreck on a Texas Highway.  Their Nissan Titan was struck by a Toyota Corolla which was essentially sheered into two pieces.  The Titan's passenger's compartment was crushed back onto Mr. Jenkins' leg.  He suffered tremendous injuries, including a broken femur and a crushed ankle.  Mr. Jenkins injuries were so severe he was transported from the scene of the crash by an Air Ambulance.  Fortunately, Ms. Jenkins' injuries were not as severe.  Mr. Jenkins was required to undergo multiple surgeries to address his injuries.  The firm was able to obtain settlements for Mr. and Ms. Jenkins prior to filing a lawsuit.

Candice Blake et. al. v. Gilberto Marquina-Sirias et. al.

Fall 2016 - personal injury

Mr. Blake was driving his two younger sisters to school when they were T-boned by a delivery van that had run a red light during morning rush hour.  The Ford Focus he was driving went spinning out control until it came to a stop on the curb some 100-150 ft from the impact of the collision. The older of the two sisters suffered a sheering injury to her brain (a traumatic brain injury).  A coma was induced and drain was placed to help prevent brain swelling.  After months of recovery she was able to return to school.  Mr. Blake and the younger sister suffered less severe injuries in the collision.  A confidential settlement was reached for all three passengers of the car.

Christopher Young v. National Oilwell Varco

Summer 2016 - personal injury

Mr. Young was driving on I-45 in rush hour traffic.  He stopped in the usually heavy traffic that arises from Houston's rush hour.  A National Oilwell Varco ('NOV') employee in a company truck failed to make a timely stopped and rear ended Mr. Young while he was stopped.  The resulting collision catapulted Mr. Young's car into the car in front of him.  A lawsuit was filed in Harris County in March 2015.  A confidential settlement was reached regarding Mr. Young's personal injury claims at mediation.

 K & W Rentals, LLC  v. Coleman Sellers

Summer 2016 - breach of contract - real estate

Mr. Sellers an 82 year old man had planned for his retirement many years in advance.   In his youth, Mr. Sellers purchased a duplex in the greater Heights area for the steady income.  A real estate investor and the owner of K & W Rentals moved into the house next to his duplex in 2013.  One evening in February 2014, Mr. Sellers was approached by the neighboring real estate developer and inquired about Mr. Sellers' interest in selling his duplex.  In less than an hour a contract was drafted and placed in front of Mr. Sellers for his signature.  Mr. Sellers was not provided time to consult with his family, lawyer or financial planner about the proposed sale.  The contract was signed.  Sometime after the contract was signed, the real developer called Mr. Sellers and told him he was having trouble getting the money and offered to buy the duplex if Mr. Sellers would provide owner financing.  Mr. Sellers refused the new offer.  The closing date passed.  Despite the real estate developer's statement and the new offer, both of which should have deemed a revocation of the contract, he filed a lawsuit against Mr. Sellers to compel the sale.  Litigation ensued.  Numerous issues were raised and multiple facts were contested.  We were able to defeat multiple summary judgments for Mr. Sellers.  In the end, we were able to reach a settlement in which Mr. Sellers was able to retain ownership of the duplex.

Spring 2016 - honor

  Joe N. Perdue was selected to serve as the co-chair for the Houston Bar Association Fee Dispute Committee.

Fall 2015 - award

Joe Perdue was again named a top lawyer by Houstonia Magazine in its December 2015 issue.  See the online issue at: 

http://www.houstoniamag.com

Summer 2015

Joe N. Perdue was selected to serve on the Houston Bar Association ('HBA') Fee Dispute Committee and the Professionalism Committee.

Spring 2015

Joe N. Perdue was selected as the chair for a panel of the State Bar of Texas District Four Grievance Committee.

Gary Ross v. Watlee Construction Inc. of Texas

Spring 2015 - breach of contract

Cindy Mahler v. Bryan Doucette

Summer 2014 - personal injury

Ms. Mahler was stopped at a red light when Mr. Doucette struck her from behind.  The collision caused severe damage to the bumper of Ms. Mahler's Honda Civic. Ms. Mahler was taken by ambulance to a nearby ER for treatment.  Shortly after the collision Ms. Mahler began experiencing troubling headaches.  After seeing several specialists, Ms. Mahler was diagnosed with post-traumatic muscle tension headaches.  A lawsuit was filed in Harris County in August 2011.  Less than two months before trial Defendant admitted his negligence.  Ms. Mahler's case was tried to a Harris County jury in late May 2014. At trial, the Defendant claimed that Ms. Mahler's medical care was unnecessary and/or duplicative. The jury returned a verdict granting Ms. Mahler requests for past medicals and past pain and suffering.

Spring 2014

Joe N. Perdue was selected for service on the Houston Bar Association ('HBA') Fee Dispute Committee and the Professionalism Committee.

Estelle Silverstein v. Jeannie Knierim

Winter 2014 - personal injury

Ms. Silverstein was making a protected left turn from Westgreen Blvd when she was struck by the defendant.  The resulting collision catapulted Ms. Silverstein's car up and into the corner house's lawn. Ms. Silverstein suffered a broken rib and a massive contusion to her face.  Ms. Silverstein was immediately rushed to the ER for her injuries.  A lawsuit was filed in Harris County in November 2012.  Defendant claimed that she had a green light.  She also admitted that she was talking on her cell phone and looked over at her passenger just before the collision.  On the eve of trial, a settlement was reached.

Alyssa Segura

Winter 2014 - personal injury

On the night of December 1, 2013, Ms. Segura became a victim of a drunk driver.  The driver later plead guilty to DWI.  In the collision, Ms. Segura was ejected from the car and suffered a compound fracture that required emergency surgery.  Screws and a plate were surgically placed to stabilize the broken arm. The firm was able to obtain a settlement for Ms. Segura prior to filing her lawsuit.

Fall 2013 - award

Joe Perdue was named a top lawyer by Houstonia Mag in the December 2013 issue. 

http://www.houstoniamag.com/lists/top-lawyers-2013

Concepcion Garcia v. Jorge Hernandez

Summer 2013 - personal injury

Ms. Garcia was driving Christmas morning when Mr. Hernandez struck her from behind as she was waiting for a red light. Ms. Garcia did not immediately go to the ER.  Ms. Garcia's pain worsened over the following days.  The pain increased to such a point that Ms. Garcia was forced to seek medical care.  A lawsuit was filed in Harris County in September 2012.  A confidential settlement was reached.

Agapito Adame v. Franlink, Inc. d/b/a Link Staffing Services

Summer 2013 - personal injury/fraud

Mr. Adame sought workers compensation benefits after injuring himself while lifting propane canisters as part of his job.  Mr. Adame alleged that he went to his employer and was advised by it that there were no workers’ compensation benefits available to him. Mr. Adame's condition worsened over the next few days. Mr. Adame returned to the hospital and an emergency surgery was performed. Mr. Adame spent the majority of the next forty-five days in the hospital. Upon being discharged, Mr. Adame sought workmen compensation benefits and was awarded them only after winning his claim at a contested case hearing.

In the fall of 2012, Mr. Adame filed a lawsuit in Harris County alleging that defendant’s employees and/or agents knew or should have known that workers compensation benefits were available to him.  Mr. Adame asserted claims of fraud, fraud by non-disclosure, and negligent misrepresentation.  A confidential settlement was reached.

Spring 2013

Joe N. Perdue was selected for service for the Houston Bar Association ('HBA') Fee Dispute Committee.

Spring 2013

Joe N. Perdue was selected to serve on the Houston Bar Association ('HBA') Professionalism Committee.

Buddy's Foods Wholesale, Inc  v. Mex Restuarants Inc., Nicolago Corp., et al.

Spring 2013 - defense against claim on a sworn account

Buddy's Foods claimed that Nicolago Corp. received goods from it during the years of 2010 and 2011.  Nicolargo denied receiving any of the goods listed in Buddy's Foods petition. The firm was able to get the case non-suited for Nicolago.

Shannon Roberts v. USAA Insurance

Winter 2012 - personal injury

In June 2008, Ms. Roberts was struck by an underinsured motorist at the intersection of Beltway 8 and Highway 225. Ms. Roberts' claim against the negligent driver was settled for her policy limits.  Ms. Roberts then filed a claim with her insurance carrier pursuant to the Underinsured Motorist provision. The firm was able to obtain a settlement for Ms. Roberts.

Chad Welling v. Welling and Company, LLC

Summer 2012 - breach of contract

Chad Welling entered into a contract with Welling and Company to provide professional services.  It was alleged that Welling and Company accepted services but failed to pay for the services according to the contract terms.  The firm was able to obtain a confidential settlement for Mr. Welling.

Lerline Fuller

Summer 2012 - personal injury

On February 4, 2012, Johnny Fowler collided with Ms. Fuller when he ran a stop sign at the intersection of Madden Lane and MLK. Ms. Fuller suffered injuries was emergently taken to the hospital. The firm was able to obtain a settlement for Ms. Fuller.

Spring 2012

Joe N. Perdue was nominated for service on the State Bar of Texas District Four Grievance Committee.

Guadalupe Cabrera v. ADT

Spring 2012 - personal injury

Ms. Cabrera was a long time subscriber to ADT home security services. Ms. Cabrera was alone when two intruders broke through the front door of her house. Ms. Cabrera alleged ADT’s security system did not notify the monitoring station of the intrusion nor was an alarm ever sounded. Ms. Cabrera alleged that as a result of ADT's negligence that no one was every alerted of the intrusion and that the two intruders were able to break into her home without interruption. A confidential settlement was reached.

Spring 2012

Joe N. Perdue was selected for service on the Houston Bar Association Fee Dispute Committee.

Spring 2012 - award

Texas Super Lawyers-Rising Stars Edition selected Joe N. Perdue for inclusion on the 2012 edition. This makes three straight years, 2010, 2011 and 2012, that Mr. Perdue has been selected for inclusion on the Rising Star Edition.

Agapito Adame v. Link Staffing Services Corporation

Spring 2012 - workers compensation claim

Mr. Adame was lifting propane canisters as part of his job. While lifting canisters he suffered a hernia. The hernia made a visible bulge on his abdomen. Mr. Adame was assisted to the break room by co-workers. A supervisor came in and spoke with Mr. Adame. At this time, Mr. Adame requested permission to leave work in order to go to Katy Memorial Hermann Hospital. Mr. Adame drove himself to the ER. At the ER it was determined that the hernia required surgical intervention. Mr. Adame was discharged from the hospital and was told to schedule the surgery. He then went back to his employer and advised it that he needed surgery to repair the hernia. He was told that there was no workers’ compensation benefits available to him. Mr. Adame's condition worsened over the next few days. Mr. Adame returned to the hospital and an emergency surgery was performed. Mr. Adame spent the majority of the next forty-five days in the hospital. Upon being discharged, Mr. Adame again sought workmen compensation benefits. Mr. Adame’s claim was denied under the guise that he had failed to provide notice of his claim within the mandated thirty day notice period. Mr. Adame argued at the contested case hearing that he provided actual notice to his employers on at least three separate occasions.

At the contested case hearing it was determined that Mr. Adame had provided proper notice and suffered a compensable injury. He was awarded worker's compensation benefits including past unpaid Temporary Income Benefits and Impairment Income Benefits.

Arthur Reed, D.D.S.

Spring 2012 - breach of contract

Dr. Reed purchased a refrigerator from Home Depot and contracted for delivery and installation. Home Depot’s agent Ray West Warehouses delivered the refrigerator but the water filter line was damaged. Ray West could not hook up the water to the fridge during its initial visit. The fridge was hooked up only to the extent that it could chill. The company promised to return upon after obtaining a replacement part. Dr. Reed alleged that the servicemen returned to his home, hooked up the water line improperly and failed to insure that it was functioning properly. Dr. Reed further alleged that the failure to install the water line caused water to seep out onto his wood floor and resulted in major water damage to his home. A settlement was reached.

Craig Baldwin

Winter 2011 - personal injury

In October 2011, David Johnson rear-ended Mr. Baldwin while driving on Chimney Rock near Richmond Avenue. The parties were able to reach a settlement.

Department of State Health Services v. H.D.C.

Fall 2011 - licensing complaint

The Department conducted an investigation into H.D.C. for alleged violations and improper conduct. The Department's investigator inspected the business establishment and interviewed several persons with knowledge of the facts. At an informal conference the parties were able to agree to a settlement in the best interests of all parties that allowed H.D.C. to maintain his license and to continue to operating his business.