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Wednesday, Jun 26, 2013

Jackson Walker Successfully Defends Church Against Counterclaim in Lawsuit Over Foundation Repairs

On April 25, 2013, Jackson Walker L.L.P. successfully defended its client, the Western Hills Christian Church in San Antonio, against a counterclaim brought against the Church in a dispute over foundation repairs.

After severe movement of the Church's foundation caused damage to its interior, the Church employed a contractor to stabilize the foundation. The contractor attempted to do so with concrete pressed piers under the Church's foundation. After this remedy failed, the Church employed a law firm to evaluate the situation; upon that law firm's recommendation, the Church authorized a lawsuit against the contractor, which was filed.

The contractor filed an answer and a counterclaim against the Church and third-party actions against six different individuals of the Church, making allegations which included, inter alia, violations of the Texas Deceptive Trade Practices Act, bad faith, negligent misrepresentation, breach of contract, and fraud. Jackson Walker represented the Church on the counterclaim and the six individuals on the third-party action against them.

After about fifteen depositions were taken, including those of four experts, Jackson Walker succeeded in obtaining a summary judgment that excluded the Deceptive Trade Practices Act, bad faith, and negligent misrepresentation claims and all the causes of action against the individuals on the third-party action. This left only the breach of contract and fraud allegations against the Church on the counterclaim to be tried.

On April 15, 2013, the case went before a Bexar County jury in the 45th Judicial District Court. At the close of the evidence on April 25, 2013, Jackson Walker presented a Motion for Directed Verdict on the counterclaim, which the court granted, dismissing the remaining claims against the Church.

Representing Western Hills Christian Church on the counterclaim was Jackson Walker attorney Charles L. Smith, who has tried over 300 jury cases in his nearly 58 years of practice. Mr. Smith is a member of the firm's robust Litigation practice group, which has developed a reputation for achieving results for clients in complex or bet-the-company cases in Texas and across the U.S.


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