Feb 17

Sayles Werbner Helps Texas Trailer Corporation Win Take-Nothing Defense Verdict

GAINESVILLE – Attorneys Rob Sayles and Sawyer Neely of Dallas’ Sayles Werbner recently convinced a Texas jury to award a take-nothing defense verdict for Gainesville-based Texas Trailer Corporation after proving that the company did nothing improper in its testing of a prototype sand container in 2013 that failed the test.

Jurors in the 235th District Court in Cooke County found in favor of Texas Trailer on Feb. 13 after rejecting allegations by Seguin, Texas-based EPMP Ltd., a sheet metal fabrication company, and San Antonio-based SandCan, LLC, a sand container storage company. EPMP and SandCan sought as much as $8 million in damages prior to trial.

“Our client did not breach any contract or violate any duty owed to the plaintiffs,” says Sayles. “After the court threw out the plaintiffs’ $8 million lost profits claims, the jury correctly found that Texas Trailer was not at fault on the remaining claims.”

Texas Trailer was sued in 2013 after testing a prototype SandCan container used for storing and transporting sand for hydraulic oil and gas fracturing or “fracking.” When the container failed the testing, the plaintiffs accused Texas Trailer of breach of contract, negligence, negligent misrepresentation and violations of the Deceptive Trade Practices Act (DTPA).

Prior to trial, the Sayles Werbner team convinced 235th District Judge Janelle Haverkamp to dismiss the claims for $8 million in lost profits after proving that the plaintiffs’ produced no competent evidence to support the claims. During the trial, visiting Judge Vicki Isaacks granted Texas Trailer’s motion for a directed verdict on the DTPA and negligent misrepresentation claims. The jury later rejected the plaintiffs’ remaining claims, completely clearing Texas Trailer of any wrongdoing and awarding zero damages.

The case is EPMP, Ltd., et al v. Texas Trailer Corporation, No. 13-00485.

Sayles and Neely are trial lawyers who regularly represent plaintiffs and defendants in a variety of complex commercial cases in state and federal courts throughout Texas and other jurisdictions. Both attorneys have earned multiple selections to the annual Texas Super Lawyers list of Rising Stars, which honors the state’s top young lawyers. Sayles concentrates his practice on business and commercial disputes, product liability matters, and personal injury and wrongful death claims. Neely focuses on cases involving corporate governance, breach of fiduciary duty, fraud, regulatory compliance, and business and commercial disputes.

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