Ms. Michele Y. Smith

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Shareholder

  Firm Name

  MehaffyWeber, P.C.
• Representative Cases & Transactions
  Cases

  CASE RESULTS: Daniel Williams
  Jimmie Williams vs. The Dow Chemical Co.: Michele Smith, Art Almquist, Premises Liability
  Michele Smith
  Art Almquist working with attorneys from Kirkl
  Ellis won a victory for The Dow Chemical Company in a premises liability case in Brazoria County. Daniel Williams, aged 75, was diagnosed with lung cancer in 2005. Williams
  his spouse sued Dow for negligence
  gross negligence alleging that Mr. Williams' cancer was caused by exposure to asbestos in the workplace
  that the workplace was unsafe. Dow Chemical contended that it operated its facility in a safe manner, that Mr. Williams' asbestos exposures were minimal
  his cancer was caused by his smoking history of at least 35 pack-years. At trial, plaintiffs argued for more than $5,000,000 in damages. The jury returned a verdict of no liability in favor of The Dow Chemical Company.
  More Info: MehaffyWeber, Thomas Kuhns
  Stacey Pagonis - Kirkl
  Ellis
  Daniel Williams
  Jimmie Williams vs. The Dow Chemical Co.
  Cause No. 35769*RM05, 149th Judicial District Court, Brazoria County, Texas
  
  Heritage Housing Development, Inc. v. Carr: Patricia Chamblin, William C. Little, Michele Smith, Personal Injury, Appellate
  MehaffyWeber represented Heritage Housing Development in a lawsuit against
  Velma Carr, the widow of a nursing home patient who brought a survival action against our clients, its parent corporation,
  several individual employees. The suit resulted in a jury verdict against all defendants. A judgment awarded damages of $2,471,199.20 plus post-judgment interest. On appeal, the defendants' primary contention was that there was no basis for sustaining a judgment against the parent corporation. This was important because, if the judgment against Heritage Housing Development were reversed, there would be no basis for an actual damage award in excess of one article 4590i statutory cap on damages. Carr conceded that there was no basis for recovery against Heritage Housing Development other than vicarious liability based on the negligence of the nursing home staff. The court of appeals held that there was no evidence to support the judgment of vicarious liability against Heritage Housing Development
  reversed
  rendered judgment for Heritage.
  More Info: Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.Houston [lst Dist.] 2006, no pet.)