

An exclusive, in depth and inside look at one of America’s and Houston’s Premier Law Firms & Trial Lawyers featuring Fred Hagans, founder of Hagans Burdine Montgomery Rustay Winchester. Fred discusses some of his and the firm’s outstanding cases and their dedicated philosophy of providing exceptional, aggressive legal representation to individuals and businesses that have been injured in some way, whether by physical harm or through damage to property, commercial, or economic interests. Since the founding of his firm, Fred and his partners have been providing superior legal representation to individuals and businesses that have been seriously injured due to the negligent or wrongful acts of others. They have obtained more than $1.5 Billion in recoveries on behalf of their clients. They work hard to live up to their reputation as one of the Preeminent law firms in the United States. In so doing they have built a reputation for aggressiveness, honesty, and trustworthiness that is rare in any profession.
Fred has been trying cases, for both plaintiffs and defendants, since 1972. He began his career with the Houston-based firm, Bracewell & Patterson, L.L.P. after graduating from the University of Texas at Austin. Fred is Board Certified in Personal Injury Trial Law and in Civil Trial Law and is a member of several organizations of trial attorneys, notably, the American Board of Trial Advocates and the National Board of Trial Advocacy. He has served on several committees for the State Bar of Texas and the Houston Bar Association. They include the District 4-B Grievance Committee, the Supreme Court on Professionalism Committee, the Texas Lawyers Creed Committee, and the Texas Supreme Court Task Force Committee for the revision of the Texas Rules of Civil Procedure. He has served as a Special Assistant in the State Bar of Texas Disciplinary Counsel program. He has given many speeches and written many publications pertaining to various issues in trial law. Fred has been appointed to the Judiciary Relations Committee of the State Bar of Texas for the term of 2004-2007. In addition to serving in these Bar-related activities, Fred has served as the Past President of the Gulf Coast Chapter of the Juvenile Diabetes Research Foundation.
Hagans Burdine Montgomery Rustay & Winchester handles civil litigation for both commercial claims and personal injury. In the commercial litigation area, they have successfully handled cases involving intellectual property, contract disputes, insurance coverage and bad faith, shareholder disputes, and employment related disputes. In the personal injury area, they have successfully handled cases involving personal injury and wrongful death where the claims involve product liability, product failures and defects, workplace injuries, vehicle collisions, railroad crossings, and medical malpractice. They have also successfully handled cases involving legal malpractice and defamation.
Some of the firm’s major verdicts and settlements/achievements are:
Kimble vs. Tenneco; District Court of Wharton County, Texas; Floyd Kimble sued Tenneco over an oil and gas contractual dispute. The jury returned a $642,000,000 verdict. The case subsequently settled for a confidential amount.
Valores Corporativos, S.A. de C.V. vs. McLane Company Inc. and WalMart Stores, Inc.; District Court of Bexar County, Texas; Wal-Mart was in breach of a verbal partnership/joint venture agreement between Valores Corporativos and McLane Company, a subsidiary of Wal-Mart. This case also involved issues of Wal-Mart's tortious interference. The jury returned a $624,000,000 verdict of actual damages. The case settled prior to beginning the punitive damage phase for a confidential amount.
PIPSA vs. Johnson Controls, Bexar County District Court; PIPSA SA de CV, a supplier of raw materials for batteries in Monterrey, Mexico, retained the firm to pursue its claims against Johnson Controls because of Johnson Controls’ failure to honor its agreement with PIPSA. The jury returned a $21.8 million dollar verdict. The case was settled during the appeal for a confidential amount.
Cooper Manufacturing vs. Babcock & Wilcox and U.S. Steel; District Court, Harris County, Texas; They represented the Trustee for Cooper Manufacturing in this breach of warranty case involving defective steel tubing.
The case resulted in a settlement in excess of $18,000,000.
Waite vs. Dean Witter Reynolds, Inc.; District Court, Harris County, Texas; Mr. Waite, a stockbroker, sued his former employer, Dean Witter Reynolds, for defamation. The jury returned a verdict for $23,000,000. A Judgment was entered; the case was settled for a confidential amount.
Montgomery vs. John M. O’Quinn, P.C. et al; District Court, Harris County, Texas; They represented Mr. Montgomery against the firm that employed him for breach of their oral employment contract. The case settled for a confidential amount during trial.
Ballard vs. Fire Insurance Exchange, a Member of the Farmers Insurance Group; District Court, Travis County, Texas; The Ballard family sued Farmers Insurance for coverage and bad faith. The case was tried on June 1, 2001 to a verdict in excess of $33 million, the second largest verdict in Travis County. The case settled while on appeal.
Mary Jo Arredondo, et al vs. The Goodyear Tire & Rubber Co.; The Kelly-Springfield Tire Co.; The Goodyear Tire & Rubber Company, Successor-In-Interest to the Kelly-Springfield Tire Company; Tire Dealer’s Warehouse, Inc. d/b/a Hoops Direct and Tire Factory Outlet; et al; District Court, Refugio County. They represented the widow and minor children of a young man who was killed in a head on collision after that vehicle had an unexpected tread separation. The tire was manufactured by Defendants Goodyear Tire & Rubber Co. The case was settled for a confidential amount.
Cantu and others vs. Bridgestone/Firestone, Inc. and Ford Motor Company; District Court, Various Counties in Texas; Their firm represented persons who were injured as a result of defective Firestone tires and defective Ford Explorers. The cases resulted in confidential settlements.
Francis vs. Double Eagle Corporation and others; District Court, Wharton County, Texas; In this personal injury case, They represented Mr. Francis who was badly injured when a blow-out preventer failed and hit him in the face. The case was settled during trial for a confidential amount.
Guerra and others vs. Phillips Petroleum Co. and Phillips 66; District Court, Harris County, Texas; They represented more than 200 injured employees and their families in this case that arose out of an explosion at the Phillips Petroleum plant in Pasadena, Texas. Each case was settled during the first trial for confidential amounts.
Hiles vs. Aeriform Corporation, Austin Industrial, Equistar Chemical Company and Greenwade Services; District Court, Harris County, Texas; Our firm represented a minor child for the wrongful death of his father who was killed while working at Equistar Chemical plant. The decedent, Bryan Turner, was sandblasting in a boiler at the Equistar plant while wearing an oxygen mask. The oxygen tank supplied to Mr. Turner contained only 2% oxygen, instead of the 19-23% oxygen that should have been in it. The lack of oxygen caused M. Turner’s death by asphyxiation. The case was settled for a confidential amount shortly before jury selection began.
Kathy Martin, et al vs. Asuncion Perez Gutierrez, R. Hassell and Company, Inc.; District Court Harris County, Texas; Kathy Martin was catastrophically injured when the convertible Ford Mustang she was driving collided with an R. Hassell and Company Construction vehicle. They represented Kathy and her family in a lawsuit which resulted in a confidential settlement on the one year anniversary of the accident.
Prince vs. Yemen Hunt Oil Co.; District Court, Harris County, Texas; They represented Mr. Prince who suffered a heart attack while working in Yemen. The case resulted in a confidential settlement.
Drexel Stewart vs. Crown Central Petroleum, et al; They represented Mr. Stewart for his claims against Crown Central Petroleum. Mr. Stewart was a tanker truck driver. While delivering gasoline, there was a spill at a loading terminal that resulted in Stewart being burned over 67 percent of his body. The case was settled for $30.9 million.
Cynthia Martin vs. Larry Martin et al; Family Court, Harris County, Texas; Their firm defended Mr. Martin in this bill of review proceeding brought by his former wife alleging fraud in connection with a division of marital assets. Mrs. Martin sought $55,000,000 in damages; the firm obtained a summary judgment in favor of Mr. Martin.
Reagan vs. Vaughn; District Court, Harris County, Texas; This is a precedent-setting case that arose out of a simple personal injury action. They represented Mr. Reagan who was badly injured by the bouncer of a bar. They also represented his daughter, Julia, who was a minor. They tried the case and obtained a verdict of $2,100,000. At that time, the law did not allow a child to recover for damages resulting from personal injuries to his or her parents. They appealed the case to the Supreme Court of Texas which affirmed the award for Julia and made new law. The case is published in 804 S.W.2d 463 (Tex. 1990).
Sims vs. Rimkus Consulting Group, Inc. and Bair & Welscher, P.C., District Court of Harris County, Texas; Their firm represented the Sims in an engineering malpractice case against Rimkus, who was retained as an expert witness in their underlying personal injury action. The case was settled for a confidential amount.
State of Texas vs. Yolanda Saldivar. Criminal District Court, Harris County, Texas. Yolanda Saldivar was charged with the murder of popular Tejano singer Selena. This high profile murder case was transferred from Corpus Christi, Texas to be tried in Houston, Texas. The case made international headlines. Fred Hagans was pro bono co--counsel for Saldivar.
If you would like to learn more about Hagans Burdine Montgomery Rustay & Winchester’s successful history of verdicts and settlements, Please contact Fred Hagans @ 713 222 2700 http://www.hagans-law.com
