An Update from Our Firm about COVID-19

Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner remains fully operational and committed to serving our clients and colleagues throughout the Coronavirus (COVID-19) crisis. As we follow the CDC guidelines and practice social distancing, we remain available for phone consultations and scheduled in-person meetings with both current and prospective clients and colleagues. Please contact our office by email or by calling 713-222-7211 with any questions. We look forward to hearing from you.

Responsible Third Party Update

[email protected] and I recently presented a CLE update on Shifting Liability, which focused on the Responsible Third Party laws that were created in the 2003 Texas Legislature. A copy of the paper can be found on our website, But one really interesting case just came out of the San Antonio Court of Appeals that is sure to draw some attention.

In Flack v. Hanke, the plaintiff (Flack, the owner of a furniture store) originally sued Hanke, a CPA (who was hired to create an employee stock ownership plan). The case settled between the two and as a part of the settlement, Hanke was required to designate two law firms and several lawyers (who also did work for Flack) as "Responsible Third Parties", even though the time period allowed under the statute of limitations to file suit had lapsed. In accordance with the terms of the settlement agreement, after the designation as RTP's, Flack sued the attorneys and law firms into the suit as defendants. Once that was done, the case against Hanke was dismissed and the only remaining defendants were the attorneys and the law firms.

The newest defendants took offense to the fact they were sued after the statute of limitations had run and filed both a Motion for Summary Judgment and a Motion to Strike the Designation of Responsible Third Parties. The trial court granted the motions, but on appeal the San Antonio Court of Appeals reversed and remanded the case following the letter of the law. Chapter 33 of the Texas Civil Practice and Remedies Code controls the Responsible Third Party law in the state of Texas, and the court noted, "

No Comments

Leave a comment
Comment Information
  • $50+ Million Fire & Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Plant Fire & Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Worksite Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $48 Million Catastrophic Burns

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $48 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top