SLG's Brandy Wingate to Argue at Texas Supreme Court
After just over a year with my firm, Brandy Wingate has landed an oral argument at the Texas Supreme Court. The argument will take place at 9:00 a.m. tomorrow at the John B. Connally Center at the University of Texas School of Law here in Austin.
The case is Rio Grande Regional Hospital Inc. and Columbia Rio Grande Healthcare L.P. v. Diana Lopez Villarreal, et al. (No. 10-0927). The Court's staff attorney for public information has provided the following summary:
In this case alleging health care-liability claims resulting from a patient's suicide in a hospital, the principal issues are (1) whether the appeals court applied the wrong standard to review the jury's finding that the suicide was a foreseeable result of nurses' actions and omissions; (2) whether legally sufficient evidence established that the patient's suicide was foreseeable and nurses' actions and omissions constituted its cause in fact; and (3) whether the court of appeals erred by imposing on nurses a duty to diagnose a patient's psychiatric illness. Villarreal sued the hospital after her husband, admitted for severe headaches, fatigue and fainting spells, killed himself two days later by slashing his neck with a razor a nurse provided him for shaving. On his admission, he told doctors he was not depressed. Doctors prescribed an anti-anxiety drug and an antidepressant also used to treat anxiety. A jury found the hospital 75 percent negligent for the nurses' acts and omissions and Mrs. Villarreal 25 percent at fault for failing to disclose to disclose a suicide note her husband wrote and his complaints about his "deteriorating" mental state. The court of appeals affirmed the judgment based on the jury verdict, holding in part that proximate cause could be based on "general danger" or "some type of injury" reasonably foreseen by providing Mr. Villarreal the razor. The hospital argues that the standard should have been that the suicide was injury of a "general character" that the nurses should have reasonably anticipated.
Here are links to the parties' briefs and the Thirteenth Court of Appeals' opinion. The argument will be webcast live, courtesy of St. Mary's University School of Law.
Happy 2012!
Ringing in the new year takes us to another milestone—the fifth anniversary of this blog's launch. Year-end has been a natural time to re-evaluate, re-assess, and plan for the next twelve months.
Last January 1, I announced that Brandy Wingate had joined my firm, @Smith Law Group, and we are enjoying what she has added to our practice. The firm is continuing to grow and change, so be on the lookout for some new announcements soon. One recent addition is a new Twitter feed, @AppellaTex, geared specifically to this blog and its focus on Texas civil appellate practice.
May you all have a very happy and blessed 2012!
Reaching a Benchmark
Today marks the fifth anniversary of my firm, the Smith Law Group.
On July 12, 2006, I left Fulbright & Jaworski to begin a new adventure as head of a civil appellate boutique. What began as a solo practice has grown to three people (me, Brandy Wingate, and our wonderful legal assistant, Sharon Kamus), and we have expanded our reach to cover all of Texas, the Third, Fifth, Seventh, and Tenth Circuits, and the Supreme Court of the United States.
Without the continued support of our clients, colleagues, followers, and friends, we would not be where we are today. We look forward to hearing from you and to continuing in our role as "The Right Addition to Your Trial Team."
Wingate Takes New Bar Positions
The Smith Law Group is committed to state and local bar involvement and leadership. Brandy Wingate, of our McAllen office, confirmed that commitment in two significant ways last week.
First, Brandy was elected District 13 Director for the Texas Young Lawyers Association. TYLA's primary purposes are to facilitate the administration of justice, foster respect for the law, and advance the role of the legal profession in serving the public.
Second, Brandy has begun her term as president of the Hidalgo County Bar Association, HCBA has a membership of nearly 800 lawyers and is a valuable resource for legal professionals and residents of the Rio Grande Valley.
Please join me in congratulating Brandy on her new positions with TYLA and HCBA!
Upcoming Appellate CLE Opportunities
TexasBarCLE and the State Bar Appellate Section are co-sponsoring a new program called "Handling Your First Civil Appeal." The live session will take place here in Austin on February 18, 2011, and the program will be available via webcast. Smith Law Group's own Brandy Wingate will be speaking about motions for rehearing in the courts of appeals.
I've also been asked to help promote DRI's Appellate Advocacy Seminar, which is scheduled for March 10-11, 2011 in Orlando, Florida. Panels of respected judges, in-house counsel, and court staff will address timely and relevant topics such as writing better briefs, use of amicus briefs, and ethics. More about the DRI program and online registration information is available here.
Exciting Announcements to Begin 2011
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These are exciting times for my firm, the Smith Law Group.
As we ring in the new year and celebrate this blog's fourth anniversary today, I am pleased to announce that Brandy Wingate (pictured) has joined the practice. With this addition, the firm has established a second office in the Rio Grande Valley.
Brandy joins us after serving four years as the senior staff attorney to Thirteenth Court of Appeals Justice Gina Benavides. Before that, Brandy was an associate in Jenkens & Gilchrist, P.C.'s appellate practice group and a law clerk to former Texas Supreme Court Chief Justice Thomas R. Phillips. She is a board-certified civil appellate specialist and also is experienced in criminal appeals.
The firm will continue to focus on appellate matters and providing litigation support to trial lawyers. Having Brandy on board and adding a presence in the Valley will enable us to better serve clients statewide.
As we reflect on 2010 and plan for 2011, here are some of my favorite posts from the past year:
- Third Court's Backlog Improving
- Appellate Court E-Filing Becoming a Reality
- More on Appellate E-Filing
- Lehrmann Appointed to Fill O'Neill's SCOTX Seat
- SCOTUS Clerk Speaks to Austin Appellate Bar
- In-House Attorneys & Role of Appellate Counsel
- Headed to the State Bar Annual Meeting
- Advertising Rules and Social Media: Texas Style
- SBOT & Austin Bar Appellate Sections on Twitter
- 2010 General Election Results
- Hall to Update Standards of Review in Texas
- Rose to Take Waldrop's Seat on 3rd Court
