DP&S Prevails in Trucking Injury Mandamus Challenge

Durham, Pittard & Spalding recently secured a significant appellate victory at the Dallas Court of Appeals, successfully defeating a trucking defendant’s request for mandamus relief following full briefing on the merits in a complex trucking injury case.

The defendant sought mandamus relief after the trial court denied its Chapter 72 motion to bifurcate liability and damages. Notably, the defendant did not file its motion to bifurcate within the statutory deadline. When the plaintiff amended his petition to add a new defendant pursuant to an assigned agency agreement, the defendant saw an opportunity to attempt to restart the bifurcation deadline.

On full merits briefing, DP&S successfully argued that because the amended petition did not assert new claims or new theories of liability, it did not revive or extend the statutory deadline.

This result underscores our firm’s deep experience handling high-stakes appellate proceedings that can significantly impact the trajectory of injury litigation. Congratulations to trial counsel Hayden Briggle of Briggle & Polan, and Rob Ammons and Luke Maddox of the Ammons Law Firm, on this important win.