Royston Rayzor has long handled the defense of personal injury claims and cases.  We provide a wide array of services in this area of law, from initial investigation of an accident and defense of the claims, through trial and appeal if a favorable settlement cannot be obtained.  We have extensive experience in personal injury cases arising out of the oilfield, transportation, premises liability, maritime and environmental areas, as well as non-subscriber law and OSHA investigations. The Firm also represents manufacturers that make a wide variety of products, as well as wholesalers, retailers, and dealers of those products.  

For many years, Royston Rayzor has been appointed as defense counsel for insureds by insurance companies issuing commercial general liability, commercial auto, professional liability, employer’s liability, directors and officers’ liability, maritime protection and indemnity, maritime commercial general liability, and many other specialized lines of policies.  In addition to achieving excellent results, the Firm is very familiar with the needs of insurance companies regarding the handling of their claims, including prompt and accurate reporting, the development of case budgets, and most importantly, the efficient handling of the case with an eye toward early resolution of the case, if possible.

If cases cannot be settled on favorable terms, the Firm’s attorneys have an enviable record in winning cases at trial and on appeal.  Some of our representative trials in recent years regarding insurance defense cases include the following:

Veronica Aguilar v. Florentino Garza d/b/a Tino’s Auto Mart - 2011
Court:  79th District Court of Jim Wells County, Texas
Description:  Wrongful death claim
Result:  The Court granted a directed verdict for our client, and our client also accepted Ford Motor Company’s offer of defense and indemnity.

Maria de los Angeles Salinas, et al v. Briggs Ranches - 2010
Court:  229th District Court of Starr County, Texas
Description:  Wrongful death case
Result:  The jury found no liability for our client, and the take nothing judgment in favor of our client was later affirmed on appeal.

Oran A. Whittington, et al v. Bayer Material Science LLC - 2008
Court:  253rd District Court of Chambers County, Texas
Description:  Personal injury claims of 58 Plaintiffs
Result:  After a three week trial involving two of the Plaintiffs, the Plaintiffs asked the jury for $10,000,000.  The jury awarded $76,542 to both Plaintiffs.  The remaining cases settled thereafter.

Ryan Speights v. Diamond Offshore Management Company, et al. - 2008
Court:  United States District Court for the Southern District of Texas, Galveston Division
Description:  The Plaintiff sustained a partial amputation of his hand
Result:  The pre-trial demand was $1,100,000.  Following a bench trial, the Court awarded $518,435.

Allan Goehring v. Kennedy Wire Rope & Sling Co. - 2008
Court:  229th District Court of Duval County, Texas
Description:  Product liability wrongful death case
Result:  The jury found in favor of our client, a wire rope sling manufacturer.

Abel Samaniego v. Barcom Commercial, Inc., et al. - 2008
Court:  County Court at Law No. 4 of Nueces County, Texas
Description:  Commercial construction personal injury case
Result:  The jury found no liability as to our client and awarded approximately $1,600,000 against a co-defendant.

Jesse Ortega v. Collingsworth Well Treating, Inc., et al. - 2008
Court:  79th District Court of Brooks County, Texas
Description:  Oil field personal injury case
Result:  The jury found no liability as to our client and awarded approximately $4,000,000 against a co-defendant.

Marko Antonio De Leon v. County of Dimmit - 2007
Court:  293rd District Court of Dimmit County, Texas
Description:  Personal injury automobile accident
Result:  Defense verdict for our client

Anna Perales v. B.C. Restaurant, Ltd. - 2007
Court:  79th District Court of Jim Wells County, Texas
Description:  Premises liability personal injury case
Result:  Defense verdict for our client

Maria Isabel Cepeda, Individually and as Next Friend of Noelia Elizabeth Cepeda and Celeste Rosselyn Cepeda and on Behalf of the Estate of Noe Cepeda, Ana Maria Cepeda, Individually, and Seigifredo Cepeda, Individually v. J.F. Fontaine & Associates, Inc. - 2006
Court:  229th District Court of Starr County, Texas
Description:  Wrongful death case
Result:  The Court granted a directed verdict for our client, the defendant, at the close of all evidence.

Marco Medellin, et al v. Morales, Inc., et al. - 2006
Court:  343rd District Court of Aransas County, Texas
Description:  Claim for indemnity under Chapter 82 of the Texas Civil Practice & Remedies Code
Result:  Court ruled in favor of our client.

Frances T. Moore, et al v. Michael K. Tidwell d/b/a Exxon Food Mart - 2006
Court:  107th District Court of Cameron County, Texas
Description:  Premises liability personal injury case
Result:  Defense verdict for our client

Alexis Hunter v. Padre Staples Mall - 2005
Court:  347th District Court of Nueces County, Texas
Description:  Premises liability personal injury case
Result:  Defense verdict for our client, the defendant.

James Ory v. Saratoga Materials, Inc. - 2004
Court:  County Court at Law No. 2 of Nueces County, Texas
Description:  Personal injury involving heavy equipment
Result:  Defense verdict for our client

Ernesto P. Williams, Jr. v. The Mechanic Service, Inc. - 2002
Court:  79th District Court of Jim Wells County, Texas
Description:  Personal injury case involving a triple operated back
Result:  Defense verdict for our client

David Antunez v. Ballard Exploration Company, Inc. - 2002
Court:  269th District Court of Harris County, Texas
Description:  Oil field personal injury case
Result:  Defense verdict for our client

Some of our representative appeals in recent years on insurance defense cases include:

Worthington Mid-Rose Const. Inc. v. RSL Contractors Ltd., 2012 WL 3031226 (Tex. App. – Beaumont 2012, no. pet.) – The Court of Appeals reversed the trial court’s order denying our client’s motion to compel arbitration and ordered that the claims in a construction dispute be decided in arbitration.

In re Emex Holdings L.L. C., 2012 WL 2354837 (Tex. App. – Corpus Christi 2012, mot. for reh. filed) – The Court of Appeals reversed the trial court’s order denying our client’s motion to dismiss and ordered that, pursuant to a forum selection clause, the claims in an investment dispute against the client must be heard in Mexico.

Charles Machine Works Inc. v. Butler Rental and Sales Inc., 329 S.W.3d 779 (Tex. App. – Corpus Christi 2010, pet. denied) – The Court of Appeals affirmed a summary judgment in favor of our client, ordering a manufacturer to indemnify our client in a wrongful death suit, despite the manufacturer’s efforts to structure its settlement with the plaintiffs so as to prejudice our client’s indemnity right.

Gulf Coast Shell & Aggregate LP v. Newlin, 623 F.3d 235 (5th Cir. 2010)- Our client challenged the existence of admiralty jurisdiction.  The judgment of the District Court finding admiralty jurisdiction was vacated by the Court of Appeals, and the case was remanded to the District Court for entry of an order dismissing the claims for lack of subject matter jurisdiction.

Gonzalez v. Great Lakes Dredge & Dock Co.,2010 Tex. App. LEXIS 4777 (Tex. App.–Corpus Christi 2010, no pet.) – Following an appeal by the personal injury plaintiffs, the Court of Appeals affirmed the trial court’s judgment, after a jury verdict, of only $125,000 against our client when the pretrial demand was $1,000,000.

Charles Machine Works Inc. v. Butler Rental and Sales Inc., 329 S.W.3d 779 (Tex. App. – Corpus Christi 2010, pet. denied) – The Court of Appeals affirmed a summary judgment in favor of our client, ordering a manufacturer to indemnify our client in a wrongful death suit, despite the manufacturer’s efforts to structure its settlement with the plaintiffs so as to prejudice our client’s indemnity right.

Sepco Tubulars Inc. v. Ortega, 2009 WL 3464843 (Tex. App. – San Antonio 2009, pet. granted to enforce agreed  dismissal) – The Court of Appeals held that the jury argument at trial did not require reversal and that the evidence supported the verdict absolving our client from liability in an oil field personal injury case.

De Leon v. Shih Wei Navigation Co., 269 Fed. Appx. 487 (5th Cir.), cert. denied, 555 U.S. 824 (2008) - The Court of Appeals affirmed a dismissal in favor of our client for lack of personal jurisdiction.

Devon Louisiana Corp. v. Petra Consultants, Inc., 2007 Fed. Appx. 539 (5th Cir. 2007), cert. denied, 554 U.S. 929 (2008) - The Court of Appeals affirmed the District Court’s ruling that maritime law applied to a master service agreement, and thus the contractual indemnity provisions were enforceable.

Tang v. Garcia, 2007 Tex. App. LEXIS 6148 (Tex. App.–Corpus Christi 2007, no pet.) – The Court of Appeals reversed the trial court’s ruling against our clients regarding a lack of personal jurisdiction in a personal injury lawsuit, finding that our clients did not have sufficient contacts with Texas.

Evans v. Petroleos Mexicanos (PEMEX), 2006 U.S. App. LEXIS 9266 (5th Cir. 2006) –The Court of Appeals affirmed the District Court’s decision in favor of our client to dismiss a suit due to immunity under the Foreign Sovereign Immunities Act.

Brooks v. Raymond Dugat Co. LC, 336 F.3d 360 (5th Cir. 2003) - The Court of Appeals affirmed the District Court’s decision in favor of our client against a seaman based on the doctrine of claim preclusion.

Gonzalez v. Chrysler Corp., 301 F.3d 377 (5th Cir. 2002) - The Court of Appeals affirmed a District Court's dismissal of this case on the doctrine of forum non conveniens.

MacPhail v. Oceaneering Int'l, Inc., 302 F.3d 274 (5th Cir. 2002), cert. denied, 537 U.S. 1110 (2003) - The Court of Appeals, in favor of our client, vacated a District Court’s order enjoining our client from prosecuting its contract claims against the plaintiff in an Australian Court.