McCathern successfully defended Cowboys Stadium LP and the other named Defendants in a lawsuit filed by a Plaintiff who was claiming to have sustained 3rd degree burns from sitting on a bench outside of the stadium in August 2010.
Initially, Plaintiff’s lawsuit also named the Dallas Cowboys football team and team owner, Jerry Jones, which resulted in her lawsuit receiving some national news attention. Although Plaintiff agreed to drop her claims against Jerry Jones and other Defendants early in litigation, Plaintiff continued to pursue the case as to Cowboys Stadium, L.P. Thereafter, Mr. Wright argued in a Motion for Summary Judgment that was filed in the 153rd Tarrant County District Court that Plaintiff’s own testimony confirmed that the alleged bench was not hot at the time of the alleged incident, and further, that there was no evidence at all that the alleged bench constituted an unreasonably dangerous condition.
Defendant’s Motion for Summary Judgment was set for submission to the Court in December 2013, and jury trial was scheduled for January, 2014. On December 3, 2013, prior to the date the Court was to consider Defendant’s Motion for Summary Judgment, Plaintiff filed her Notice of Nonsuit, advising the Court that she was dropping her lawsuit in its entirety. Plaintiff is now barred by the statute of limitations from ever refiling her lawsuit.