Feb 17

Texas Trailer Corporation Scores Take-Nothing Defense Verdict

GAINESVILLE – A Texas state district court jury in Cooke County has awarded a take-nothing defense verdict for Gainesville-based Texas Trailer Corporation after finding that the company did nothing improper in its testing of a prototype sand container in 2013.

Jurors in the 235th District Court in Gainesville 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. Texas Trailer was represented by attorneys Rob Sayles and Sawyer Neely of Dallas’ Sayles Werbner.

“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 alleged 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 Werbner has an international reputation as a “go to” trial law firm in multifaceted business litigation, intellectual property, patent litigation, life-altering personal injury cases, product safety lawsuits and other areas of the law. 

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