April 18, 2025
ShareTexas Team Secures Favorable Settlement in Plumbing Negligence Claim
Kelley Kronenberg Partner and Business Unit Leader Justin England and Attorney Garrett Bruner achieved a favorable settlement in a subrogation action involving questioned damages, resolving the matter efficiently through strategic negotiations rather than prolonged litigation.
This Texas case involved a subrogation claim brought by Allstate Vehicle and Property Insurance Company against our client, Bushae Hatton, a subcontractor who performed plumbing work that allegedly resulted in a bathroom flooding incident. The plaintiff sought damages of approximately $35,000.00, combining various damage calculations that appeared legally questionable under Texas law.
Upon receiving the case, Justin and Garrett faced an immediate challenge: their client was disabled and had no recollection of working at the property, limiting their ability to dispute the underlying facts. Recognizing this constraint, they shifted their focus to the plaintiff’s damages calculations, which improperly combined diminution of value, depreciation, and repair costs – when Texas law typically permits recovery for only one measure.
The team engaged in multiple strategic discussions with plaintiff’s counsel pressing for detailed damage calculations and highlighting the legal weaknesses in their approach. Despite having limited factual defenses available, Justin and Garrett leveraged their knowledge of Texas damage laws to create negotiating leverage.
Through persistent and skilled negotiation, they secured a global settlement at exactly 50% of the claimed damages, resolving claims against all defendants including their client. Notably, the final settlement amount fell below the authority provided by their adjuster, representing significant savings.
This outcome demonstrates Kelley Kronenberg’s ability to achieve efficient and favorable resolutions even in challenging circumstances. By focusing on technical legal arguments regarding damage calculations rather than disputing liability, the team effectively managed the client’s exposure while avoiding costly and uncertain litigation – exemplifying the firm’s commitment to practical solutions that prioritize client interests.
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