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Tom Fee represents companies
and individuals in high exposure and high profile disputes in federal
and state courts throughout Texas. Mr. Fee has been litigation
and lead trial counsel for clients in a broad range of matters
including personal injury torts, construction defect matters and
commercial business litigation. Mr. Fee defends lawsuits involving
major transportation accidents, construction accidents and defects,
premise liability and inadequate security cases, products liability,
and matters involving commercial and business disputes. He regularly
serves as lead trial counsel for companies and individuals facing
multi-million dollar exposures in Texas and, on occasion, in other
states in the Southwest region.
Mr. Fee is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is
recognized by Martindale Hubbell as an AV rated attorney and
was selected as a Texas Super Lawyer (top 5%) in the years 2005 through 2008. Mr. Fee is also a member of the American Board of Trial Advocates (ABOTA).
Tom Fee has been lead trial counsel in excess of 50 jury trials
in multiple State and Federal Court venues throughout Texas.
Mr. Fee’s trial experience has allowed him to develop the
ability to accurately evaluate his client’s exposure in
a lawsuit, which provides a solid foundation for him to counsel
clients on their potential resolution of disputes through alternative
dispute mechanisms, such as mediation. Mr. Fee is regularly retained
directly by clients who are either self-insured or maintain a
high self-insured retention to protect their interests in high
profile and high stakes litigation. Mr. Fee’s experience
has also led to him being named as approved panel counsel for
several large national, regional and Texas based insurance carriers.
Mr. Fee is regularly retained by various insurance carriers on
the primary and excess levels to protect their insured’s
interests in large exposure cases.
Mr. Fee has extensive experience in defending cases arising from major
commercial transportation accidents involving allegations of Federal Motor
Carriers Safety Regulations violations, construction accidents involving
allegations of OSHA violations, road construction accidents involving issues
concerning the Manual on Uniform Traffic Control Devices and accidents arising
from the installation and operation of various private and public utilities,
including electric, gas, water and broadcast tower utilities services.
Mr. Fee has also defended lawsuits arising from the Sports, Entertainment and
Leisure industry including representation of professional and minor league
franchises, amusement parks and water parks. Due to his courtroom experience,
Mr. Fee has also recently been retained as lead trial counsel for a number of
the firm’s corporate clientele to represent them in various commercial business disputes.
Tom Fee’s ability to assess the value of a case in the
early stages of litigation and to implement an aggressive defense
strategy in order to defend the case at the time of trial or
to force settlement are appreciated by his clients and the insurance
carriers who retain him to protect their insured’s interests.
Practice Areas:
Transportation Liability
Construction Liability and Defects
Products Liability
Premises Liability/Retail Litigation
Professional Liability
Commercial and Business Litigation
Recent Trials Victories:
Nichols, et al. v. Young Contractors, et al., Franklin, Robertson County, Texas. Defense verdict on quadruple fatality case allegedly arising due to negligent truck routing with respect to the Highway Widening Project.
McBride v. Aggregate Haulers,
Juan Torres, et al., Decatur, Wise County, Texas. Lead trial counsel
obtaining defense verdict on behalf of client, Dowdy Ferry Sand
and Gravel in a case involving a collision between three rock haulers
which resulted in one death and significant injuries to two other
drivers. Judgment awarded against co-defendants in excess of $6
million dollars. Defendant’s Motion for Summary Judgment
regarding “Statutory Employee” issue upheld on appeal.
Defense verdict on behalf of Dowdy Ferry on remaining issues. See
Omega Contr., Inc. v. Torres, 191 S.W.3d 828, 2006 Tex. App. LEXIS
2781 (Tex. App.-- Fort Worth 2006, n.p.h.).
Wilson v. Family Dollar, Dallas, Dallas County, Texas. Shooting
death of a 16 year old male at a strip mall outside of a Family
Dollar Store – defense verdict on behalf of Family Dollar.
Jane Doe, Individually and as Next Friend of Minors v. Boys and
Girls Club of Wichita Falls, Wichita
Falls, Wichita County, Texas. Rape of a 10 year old girl at Defendant’s
facility by Defendant’s part-time summer employee, who was
convicted of aggravated sexual assault of a minor child and sentenced
to life in prison in the preceding criminal trial – defense
verdict on behalf of Boys and Girls Club.
Proctor v. Westco Contracting, Inc., Federal court, Dallas, Dallas
County, Texas. Rear end chain reaction collision of 18-wheelers
resulting in brain injury to Plaintiff. Stipulated liability; jury
award of $875,000 less Plaintiff’s 25% responsibility. Plaintiffs
settlement demand $1,500,000.
Ford v. Southwest Sports Group/Texas Rangers Baseball, Fort Worth,
Tarrant County, Texas. Inadequate security case brought by major
league umpire, total knee replacement – defense verdict on
behalf of Southwest Sports Group.
Rios v. Akins and QCD of America, Austin,
Travis County, Texas. Lead trial counsel obtaining complete defense verdict
in a multi-Plaintiff wrongful death/catastrophic injury case arising out of
a major transportation accident on IH35.
Representative Matters and Significant Cases:
Stout, et al. v. Rockmore’s Discovery Tours, Green’s
Transportation, et al., Dallas, Dallas County, Texas. Tour bus accident
resulting in the death of four minor children and significant injuries
to 32 others. Total judgments entered against co-defendant in the
case in excess of $80 million dollars.
Jackson v. Warren Equipment, et al., Lovington, Lea County, New
Mexico. Transportation accident resulting in three fatalities and
allegations of numerous violations of the Federal Motor Carrier
Safety Regulations.
Archey v. Shuttle King, Marshall, Harrison County, Texas. Tour
bus accident resulting in death of one passenger and major injuries
to numerous others.
Wardlow v. Spectrasite, et al., Dallas, Dallas County, Texas.
Death of tower technician who fell from 1,000 foot broadcast tower
in Nebraska.
Burkhardt v. Spectrasite, Corpus Christi, Nueces County, Texas.
Collapse of a broadcast 1,000 foot communication tower resulting
in the death of three tower technicians.
LeMaster v. ACE Cash Express, Dallas, Dallas County, Texas. Shooting
death of an employee by a third party criminal and personal injury
claim of mother who was also shot outside client’s business
establishment.
Alvarado v. Hester Properties, et al, Dallas, Dallas County, Texas.
Electrocution death of 16 year old female in apartment complex
swimming pool resulting in confidential seven figure settlement.
Henshaw v. Madison Bar & Grill, et al., Granbury, Hood County,
Texas. Alleged Texas Dram Shop violation resulting in the death
of Plaintiffs’ mother in subsequent motor vehicle accident.
Figueroa v. R.J. Griffin and Cives Corporation, Houston, Harris
County, Texas. Construction accident involving sub-contractor’s
employee being rendered a complete quadriplegic as the result of
a fall during erection phase of building.
Rojo v. Pate and Pate Industries, Emory, Rains County, Texas.
Motor vehicle accident in Defendant’s construction zone involving
a minor passenger who was rendered a complete quadriplegic.

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