Lawyer David C. Wenholz

Settlements/Cases:

• Membreno vs. City of Austin d/b/a Austin Energy, et al., Travis County, Texas, June 2019 – $9,360,000.00 jury verdict.
• Padron et al. vs. The Texas Department of Transportation, Travis County, Texas, November 2018 – $5,232,994.00 jury verdict (No. 1 Government Negligence Verdict in the State of Texas in 2018).  This case was appealed all the way to the Texas Supreme Court, which ruled in favor of the Plaintiffs.
• Dishman et al. vs. MLAW Consultants & Engineers, Travis County, Texas, October 2018 – $589,422.00 jury verdict.
• Johnson v. CertainTeed Corporation: mass tort settlement involving over 100 homeowners in and around Austin who purchased Centex Homes that were roofed with a CertainTeed 3 tab, 20 year shingle.
• Weinberg v. Farmers: Represented homeowner in a first party insurance case who happened to be an attorney for Farmers, after Farmers wrongfully denied his mold claim.
• Green v. David Weekly Homes: Represented a homeowner against her builder for defective construction case involving foundation, water and mold damage.
• Hurricane Ike “Slab ” Claims v. T. W.I.A.: On the Plaintiffs Steering Committee that settled over 2,700 cases totaling approximately $189,000,000.00 for homeowners that had their dwellings entirely destroyed by Hurricane Ike. Personally settled 50 slab claims and dozens of non-slab Hurricane Ike cases.
• Montrose Townhomes v. Finestone – Represented condo owners in Houston with defective construction/product liability claims stemming from water and mold damage caused by faulty EFIS installation against EFIS manufacturer and builder.
• Hurricane Rita – settled over 75 hurricane damage first party insurance bad faith cases for homeowners in Beaumont, Port Arthur, Silsbee and Orange, Texas.
• Hurricane Dolly – settled over 60 hurricane damage homeowner first party insurance bad faith cases in San Benito, Harlingen, Brownsville, McAllen and Weslaco, Texas.
• William and Marie Fox v. Jeld-Wen, Inc., -settled a homeowner’s dispute regarding water damage and mold against window, manufacturer, builder, subcontractors and prior owner alleging defective installation, defective windows, improper stucco application and real estate fraud.
• Bastrop Wildfire Litigation – currently represent approximately 30 clients who lost their homes in the 2011 Labor Day wildfire. Currently a member of the Plaintiffs Liaison Counsel reporting to the Court.
• BP Benzene Toxic Tort Litigation – Currently represent approximately 600 residents of Texas City area in over 10 cases pending in Galveston County against BP for a 40 day toxic release during April/May 2010.
• Judith Williams v. Balboa Insurance, Cunningham Lindsey and Steam Team -settled claims against insurance company and their representatives for bad faith, wrongful cancellation of policy, forced placed insurance, personal injuries due to water damage and mold contamination of house.

Insurance Companies

Our firm has sued and/or settled cases with include: Zurich, Farmers, State Farm, Allstate, Mercury, GIECO, Lloyds of London, Nationwide, National Lloyds, Certain Underwriters, CNA, Chubb, Travelers, Progressive, Liberty Mutual, Germania, Hochheim Prairie, Capitol County, Cypress Texas Lloyds, Texas Windstorm Insurance Association, USAA, Fred Loya, Hartford, Markel.

Trial experience

Over 25 cases tried to a jury verdict since 1996. Obtained largest civil jury verdict at the time in San Jacinto County, Texas in 2003 Huling v. Alaniz, et al.. A member of the trial team in the largest construction case in Calhoun County at the time in the late 1990’s – Kajima v. Formosa Plastics, USA, et al. (case settled for over $50 million).

Areas of Practice

• Serious Personal Injury
• Automotive Defects
• Wrongful Death
• Wildfire Litigation
• Engineering Malpractice
• Construction Defects
• Commercial Construction Litigation
• Business Torts / Partnership Disputes
• Trade Secret Litigation

Bar Admissions

• Texas, 1990
• U.S. District Court Northern District of Texas
• U.S. District Court Western District of Texas
• U.S. District Court Southern District of Texas
• U.S. District Court Eastern District of Texas
• U.S. District Court for the District of Colorado

Education

Southern Methodist University School of Law, Dallas, Texas
J.D. – 1990
Texas A & M University, College Station, Texas
B.B.A. – 1987
Major: Finance

Representative Cases

Stone v. Sulak, 994 S. W.2d 348 (Tex. App. 1999)
Great American Ins. Co. v. North Austin M.U.D. No. 1, 908 S.W.2d 415 (Texas 1995)
Nutmeg Ins. Co. v. Pro-Line Corp. and 1KB Industries, Ltd., 836 F. Supp. 385 (N.D.Tex. 1993)

Classes/Seminars

Speaker, Proving/Defending Liability for Sick Building Syndrome, Advanced Expert Witness Course III, Texas State Bar, November 22, 2002

Speaker, Mold Issues: Homeowners and Commercial Coverage Issues, Claims and Defenses, Advanced Insurance Seminar, Univ. of Houston Law Foundation, 2/02

Speaker, Important Federal and State Trucking Regulations, Prosecuting or Defending a Trucking or Auto Accident Case, State Bar of Texas, 4/04

Speaker, Insurance Fraud: What is it? What can you do about it? And how does it impact civil litigation, 12* Annual Insurance Law Institute, 10/07

Past Employment Positions

Bressi & Wenholz, L.L.P.
Reyes & Associates, P.C.
Quilling, Selander, Cummisky & Lownds, P.C.
Godwin, Carlton & Maxwell, P.C.
Pro Bono Activities
Vice Chair, TYLA Aspiring Youth Program (1996 ABA 1st Place -Public Service Program).