HOUSTON – Eric Dick has filed hundreds of lawsuits against insurers over the years, but now it seems the storm attorney is reluctant to actually litigate some of those cases, as another motion to show cause has been filed in another one of Dick’s suits.
Just last week, The Record reported that a trial court granted a motion for sanctions in one of Dick’s Hurricane Harvey suits against the Texas Fair Plan Association, finding that the plaintiff, his expert witnesses and his counsel had prevented essential discovery from taking place.
Now in a different Harvey suit, the TFPA has filed a motion to show cause due to non-compliance with a court order, seeking to compel the deposition of William Bray – a Dick expert who has worked with him in the past and even helped the attorney troll for clients following the Watson Grind facility explosion in Spring Branch last year.
The lawsuit was brought by Kim-Lan Thi Vu last July and alleges that the TFPA failed to pay for alleged damages caused to her home by Harvey.
More than a year later, TFPA filed its motion to show cause, asserting that Bray did not produce his notes during his deposition – information that must be produced if the expert is to be allowed to testify at trial, court records state.
“Adding insult to injury the deposition itself was largely a waste of time,” the TFPA motion states. “Not only did TFPA not have the file materials that it needed to properly examine Mr. Bray, but the deposition was thwarted by obstructionism both by Mr. Bray himself, who was encouraged to misbehave by Ms. Vu’s counsel, Joe Radler.
“In fact, when TFPA’s counsel asked Mr. Bray about the reasoning behind his belief that he did not need to bring his notes to the deposition (and it seemed as if the witness was about to say Mr. Radler told him not to), Mr. Radler interrupted and complained that counsel was ‘badgering the witness.’”
Bray also refused to answer any questions about which law firms he has worked with as an expert.
“This is part of a repeated pattern by the Dick Law Firm, Mr. Radler and the firm’s expert witnesses,” the motion states. “Mr. Bray is another in a long line of routinely-designated bad actors used by the Dick Law Firm.
“At some point their conduct must be stopped.”
TFPA is requesting the court order the Dick Law Firm and Radler to show cause as to why they should not be sanctioned and Bray’s testimony stricken.
A hearing on the matter has been slated for Sept. 7.
Court records also show that TFPA has also filed a motion to compel production from Vu, asking the court to order her to fully comply with document requests and complete responses to TFPA’s discovery requests.
TFPA is represented by Beaumont attorney James Old Jr. of Hicks Thomas.
Filed in Harris County Civil Court, case No. 1156677.