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Thomas W. Fee

Fee, Smith, Sharp & Vitullo, LLP
Texas (Northern)
Civil Defense LitigationConstruction LitigationInsurance Defense LitigationPersonal Injury LitigationProduct Liability LitigationWrongful Death Litigation
13155 Noel Road, Suite 1000, Dallas, Texas 75240

Thomas W. Fee

Fee, Smith, Sharp & Vitullo, LLP
Texas (Northern)
Civil Defense LitigationConstruction LitigationInsurance Defense LitigationPersonal Injury LitigationProduct Liability LitigationWrongful Death Litigation
13155 Noel Road, Suite 1000, Dallas, Texas 75240
972-934-9100
tfee@feesmith.com
www.feesmith.com
Get Directions

Bio

Tom Fee represents companies and individuals in high-exposure and high-profile disputes in federal and state courts throughout the United States. Mr. Fee has been litigation and lead trial counsel for clients in a broad range of matters including personal injury torts involving catastrophic injury or death, professional liability, construction defect matters and commercial business litigation. Mr. Fee litigates lawsuits involving major transportation accidents, construction accidents and defects, premise liability and inadequate security cases, products liability, and matters involving commercial and business disputes.
He regularly serves as lead trial counsel for companies and individuals facing multimillion-dollar exposures.
Mr. Fee is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is recognized by Martindale-Hubbell as an AV Preeminent attorney, and was selected as a Texas Super Lawyer (top five percent) from 2005 through 2016. Voted Best Lawyer by D Magazine 2013 and 2014. Mr. Fee is also a member of the American Board of Trial Advocates (ABOTA).
Tom Fee has been lead trial counsel in excess of 60 jury trials in multiple state and federal court venues. Mr. Fee’s trial experience has allowed him to develop the ability to accurately evaluate the outcome in a lawsuit, which provides a solid foundation to counsel clients on their potential resolution of disputes through alternative dispute mechanisms, such as mediation. Mr. Fee is regularly retained directly by clients who are either self-insured or maintain a high self-insured retention to protect their interests in high-profile and high-stakes litigation.
Mr. Fee has extensive experience in litigating cases arising from major commercial transportation accidents involving allegations of Federal Motor Carriers Safety Regulations violations, construction accidents involving allegations of OSHA violations, road construction accidents involving issues concerning the Manual on Uniform Traffic Control Devices, and accidents arising from the installation and operation of various private and public utilities, including electric, gas, water and broadcast tower utilities services. Mr. Fee has also litigated numerous large exposure cases across Texas involving products, and professional and premise liability matters. Due to his courtroom experience, Mr. Fee is regularly retained as lead trial counsel for a number of the firm’s corporate clientele to represent them in various commercial business disputes. Tom Fee’s ability to assess the value
of a case in the early stages of litigation and to implement an aggressive strategy in order to litigate the case at the time of trial
or to force settlement is appreciated by his clients.
Recent Trials:
Murphree v. Betty Monroe, Site Concrete, Austin Bridge & Road, Decatur, Wise County, Texas. Defense verdict on behalf of client, Austin Bridge & Road in a case involving a collision between two vehicles in a road construction zone, which resulted in a severe permanent brain injury to plaintiff. Judgment awarded against co-defendants in excess of $23 million dollars.
Butler v. Chad Rehrig, Ben. E. Keith Co. Fort Worth, Tarrant County, Texas. Defense verdict on fatality case arising from an auto-pedestrian accident in Denton, Texas.
Nichols, et al. v. Young Contractors, et al., Franklin, Robertson County, Texas. Defense verdict on quadruple
fatality case allegedly arising due to negligent truck routing with respect to the Highway Widening Project.
McBride v. Aggregate Haulers, Juan Torres, et al., Decatur, Wise County, Texas. Lead trial counsel obtaining
defense verdict on behalf of client, Dowdy Ferry Sand and Gravel in a case involving a collision between
three rock haulers which resulted in one death and significant injuries to two other drivers. Judgment
awarded against co-defendants in excess of $6 million dollars. Defendant’s Motion for Summary Judgment
regarding “Statutory Employee” issue upheld on appeal. Defense verdict on behalf of Dowdy Ferry on
remaining issues. See Omega Contr., Inc. v. Torres, 191 S.W.3d 828, 2006 Tex. App. LEXIS 2781
(Tex. App.-- Fort Worth 2006, n.p.h.).
Bobby Davis v. Bamford, Inc. and the Estate of Michael L. Packer. Obtained $10.6 million dollar verdict in Federal District Court in Omaha, Nebraska, for Plaintiff Bobby Davis who sustained catastrophic injuries resulting from a trucking accident.
Jane Doe, Individually and as Next Friend of Minors v. Boys and Girls Club of Wichita Falls, Wichita Falls,
Wichita County, Texas. Rape of a 10 year old girl at Defendant’s facility by Defendant’s part-time summer
employee, who was convicted of aggravated sexual assault of a minor child and sentenced to life in prison
in the preceding criminal trial – defense verdict on behalf of Boys and Girls Club.
Ford v. Southwest Sports Group/Texas Rangers Baseball, Fort Worth, Tarrant County, Texas. Inadequate
security case brought by major league umpire, total knee replacement – defense verdict on behalf of
Southwest Sports Group.
McGowan v. Tractor Supply. Forklift accident in Defendant’s distribution center rendering Plaintiff a comlete quadraplegic. Jury awarded Plaintiff a $12 million dollar verdict which the Waco Court of Appeals reversed and rendered a Take Nothing Judgment in favor of client Tractor Supply.
Representative Matters and Significant Cases:
Behm/Decamillis v. Summit, Dallas Cowboys – architectural, design, and building professional liability. This case involves the collapse of the Dallas Cowboys practice facility, causing significant personal injury damages.
Silva v. Rich – legal professional liability. This case involved an underlying serious personal injury case in which legal counsel missed the statute of limitations. (resolved by settlement well below policy limits and significantly less than demand).
Robinson v. Paragon, Home State – insurance professional liability. This case involves allegations of the breach of the Texas Stowers/bad faith doctrine resulting in more than $1,000,000 damages assessed against the insured after a trial on the merits.
Columbrito v. Medicus, Medeley & Associates – insurance broker professional liability. This case involved allegations that the type and scope of medical malpractice insurance requested was not provided due to alleged flaw in the overlapping of coverage. The underlying tort lawsuit resulted in a verdict in excess of $22,500,000, and assignment was made to the underlying plaintiffs to proceed against the brokers and
carriers. (We won summary judgment, and same is now pending appeal)
Pawlik and Sanderson v. Atmos Energy Corp., Johnson County, Texas. House explosion allegedly due to gas
leak from Defendant’s gas distribution line resulting in 2 deaths and 3 other serious burn injuries.
Stout, et al. v. Rockmore’s Discovery Tours, Green’s Transportation, et al., Dallas, Dallas County, Texas. Tour
bus accident resulting in the death of four minor children and significant injuries to 32 others. Total judgments
entered against co-defendant in the case in excess of $80 million dollars.
Jackson v. Warren Equipment, et al., Lovington, Lea County, New Mexico. Transportation accident resulting
in three fatalities and allegations of numerous violations of the Federal Motor Carrier Safety Regulations.
Archey v. Shuttle King, Marshall, Harrison County, Texas. Tour bus accident resulting in death of one
passenger and major injuries to numerous others.
Burkhardt v. Spectrasite, Corpus Christi, Nueces County, Texas. Collapse of a broadcast 1,000 foot
communication tower resulting in the death of three tower technicians.
LeMaster v. ACE Cash Express, Dallas, Dallas County, Texas. Shooting death of an employee by a third
party criminal and personal injury claim of mother who was also shot outside client’s business establishment.
Alvarado v. Hester Properties, et al, Dallas, Dallas County, Texas. Electrocution death of 16 year old female
in apartment complex swimming pool resulting in confidential seven figure settlement.
Figueroa v. R.J. Griffin and Cives Corporation, Houston, Harris County, Texas. Construction accident
involving sub-contractor’s employee being rendered a complete quadriplegic as the result of a fall during
erection phase of building.

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