September 2025 District & County Jury Trial Verdicts

Thank you Travis County District Clerk Velva Price for providing these district and county court jury trial verdicts. For edits, please email billy@austinbar.org.

CIVIL

CORRECTION FROM AUGUST 2025 JURY TRIAL SUMMARY: Defendants’ counsel

RYAN WILLIS V RAINIER MANAGEMENT LTD AND BAUSTIN OAK PARK LTD.

Cause No.: D-1-GN-22-003413

Judge: Jan Soifer

Dates: August 19–28, 2025

Attorneys:

Plaintiff: Sally Metcalfe, Joe Caputo and Matt Breland (Austin)

Defendants: David Chamberlain, Scott Taylor, and Alex Ciechanowicz, Chamberlain/McHaney (Austin)

Summary: Plaintiff sued Rainier Management Ltd, an apartment management company, and Baustin Oak Park, LTD, the landowner, because a tree fell on him as he was walking on a pedestrian pathway. Plaintiff stated his back was broken in four places; he required emergency surgery involving two rods and 12 screws. Defendants claimed that the plaintiff was a trespasser, and the tree fell because of the weather (act of God). Eleven jurors found that the plaintiff was an invitee and found Ranier 85 percent and Baustin 15 percent responsible. The jury awarded damages:  past physical pain – $275,000; future physical pain – $1.65 million; past mental anguish – $47,520; future mental anguish – $0; past reasonable necessary medical expenses – $165,000; future reasonable necessary medical expenses – $393,121; past disfigurement – $38,000; future disfigurement – $0; past physical impairment – $337,260; future physical impairment – $2.4 million; no gross negligence was awarded.

SEPTEMBER TRIALS

LUKE CARTER, Ind. and derivatively on behalf of SHIBNOBI INC., SHIBNOBI GAMING, LLC, SHIBNOBI STUDIOS, LLC SHIBNOBI CRYPTO, LLC and SHIBNOBI SOFTWARE, LLC v. CLIFF FETTNER

Cause No.: D-1-GN-23-001231

Judge: Cory Liu

Dates: September 9-12, 2025

Attorneys:

Plaintiffs: Alex More, Carrington, Coleman, Sloman & Blumenthal, LLP (Dallas)

Defendants: Diren Singhe, Sul Lee Law Firm, PLLC  (Dallas)

Summary: Plaintiffs claim that Shibnobi was founded in November 2021 by Plaintiff Carter and Defendant Fettner as a crypto company with a mission to create a community-driven virtual token. After investigation, Carter discovered that Defendant mismanaged Shibnobi for Defendant’s sole benefit. Ten of the jurors found that Carter was an owner of Shibnobi, Shibnobi Gaming, Shibnobi Studios, Shibnobi Crypto, and Shibnobi Software; Defendant benefited from one or more transactions with Plaintiffs by placing himself in a position in which his self-interest might conflict with his fiduciary duties; Defendant did not comply with his fiduciary duty to Plaintiffs; Defendant’s failure to comply with his fiduciary duty was not excused by ratification. Jury damage awards: lost digital assets–the value of digital assets transferred by Defendant from wallets belonging to the Shibnobi Entities – $5,994,566.38. Carter and Fettner did form a partnership before the formation of the Shibnobi Entities and Defendant benefited from transactions with the partnership or by placing himself in a position in which his self-interest might conflict with his obligations as a fiduciary to the partnership; Defendant did not comply with his fiduciary duties of accounting and holding of the partnership property, profit, or benefit derived by Defendant from use by Defendant of partnership property; Defendant’s failure to comply with his fiduciary duties was not excused by ratification. Jury awarded the value of the digital assets transferred by Fettner from wallets belonging to the partnership – $1,427,128,38. Jury further found that the harm to Carter resulted from malice, fraud, and gross negligence and assessed exemplary damages in the amount of $2 million.

CAITLIN E. CARPENTER, Ind. And on behalf of W.W., a Minor and LORENZO A. MARQUEZ v. WINGS, LLC d/b/a WINGS ‘N MORE; PEDRO JAIMES SUAREZ; ESPERANZA DURAN; LEO VIERA; MIREYA CRUZ MARQUEZ and JESSICA GUADARRAMA

Cause No.: D-1-GN-23-004486

Judge: Cory Liu

Dates: September 22 – 25, 2025

Attorneys:

Plaintiffs: Robert C. Alden/C. Carson May, Byrd, Davis, Alden & Henrichson LLP (Austin)

Defendants: Esperanza Duran, Leo Viera, Mireya Cruz Marquez and Jessica Guadarrama – Jim Clements, Clements Legal Services, P.C. (Austin)

Defendant: Pedro Jaimes Suarez-Lisa Michaux, Leighton, Michaux & Brown, LLC (Austin)

Defendant: Wings LLC d/b/a Wings ‘N More – Jon Michael Smith (Austin)

Summary: The Plaintiffs claimed that they were injured in an automobile accident in which Pedro Jaimes Suarez was the driver of the other vehicle and was intoxicated.  Before the trial, the plaintiff nonsuited Esperanza Duran and Jessica Guadarrama. A unanimous jury found that the following parties were negligent, providing an alcoholic beverage under authority of a license when it is apparent to the provider that the recipient is obviously intoxicated to the extent that he presents a clear danger to himself and others. The allocation was as follows: Wings LLC – 37 percent, Leo Viera – two percent, Mireya Cruz Marquez – one percent, and Pedro Jaimes Suarez – 60 percent. Damages awarded to W.W., a minor: past physical pain and mental anguish – $767,807.75; future physical pain and mental anguish – $11,005,244.42; past disfigurement – $767,807.75; future disfigurement – $11,005,244.42; past physical impairment – $767.807.75; future physical impairment – $11,005,244.42; past medical care expenses – $5,570,320.95; future medical care expenses until W.W. reaches the age of 18 – $23,522,335.09; future loss of earning capacity until W.W. reaches the age of 18 – $2.46 million. Damages awarded to Caitlin Carpenter for her injuries: past physical pain and mental anguish – $1.125 million; future mental anguish – $1.125 million; damages to Caitlin Carpenter for her mental anguish that resulted from being a bystander to the serious injury of W.W., a minor: past mental anguish – $17,659,578.26; future mental anguish – $17,659,578.25. Damages awarded to Lorenzo Marquez for his injuries: past physical pain and mental anguish – $1.125 million; future physical pain and mental anguish – $1.125 million. The jury also found by clear and convincing evidence that the harm to W.W., a minor, was from gross negligence due to the act or omission by Pedro Jaimes Suarez, and that Pedro Jeames Suarez operated a motor vehicle in a public place while intoxicated and that the intoxication caused serious bodily injury, but awarded $0 for exemplary damages.

ARNULFO P. ALCORTA et. al. v. KELLY HANCOCK, ACTING TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

Cause No.: D-1-GN-17-006831

Judge: Jessica Mangrum

Dates: September 22 – 25, 2025

Attorneys:

Plaintiffs: Nicholas S. Bressi, Law Office of Nicholas Bressi (Austin)

Defendant: Jennifer Cook, Attorney General of Texas, General Litigation Division (Austin)

Summary: This case involves a dispute over unclaimed mineral royalties held by the Texas Comptroller of Public Accounts. Plaintiffs claim that the comptroller failed to decide their claim to the royalties within the statutory time period. A unanimous jury found that the 48 plaintiffs did not establish that they were legal heirs of a deceased owner of mineral proceeds remitted to the comptroller by the operator or holder of a mineral well.  

HUNTER HIGGINS v. DOUGH DADDY, LLC a/k/a SHIPLEY DO-NUTS and AMBER COKINS

Cause No.: D-1-GN-20-000891

Judge: Catherine Mauzy

Dates: September 22- 23, 2025

Attorneys:

Plaintiff: Joseph Monahan, Law Offices of Joseph Monahan (Laredo)

Defendants: Lucia Ceaser, Hajjar/Peters, LLP (Austin) and Ricardo Pumarejo, Jr., Pumarejo Law (Austin)

Summary: The plaintiff alleges he was assaulted by Defendant Amber Cokins, an employee of Dough Daddy, LLC, and Defendant Dough Daddy had control over the premises and owed certain duties to the plaintiff, which were breached. A unanimous jury found that Defendant Amber Cokins did assault the plaintiff. The jury found that the assault was not justified. Damages awarded are: past mental anguish – $5,000.

GAIL WILHELM v. JOLISA JOHNSON

Cause No.: D-1-GN-23-007207

Judge: Laurie Eiserloh

Dates: September 23-25, 2025

Attorneys:

Plaintiff: Myranda Vaughn, Daniel Stark, LLP (Bryan)

Defendant: Katherine Wyatt, Skelton & Woody, PLLC (Austin)

Summary: Plaintiff claimed that on or around December 2022, a motor vehicle incident caused him physical damage as a pedestrian. A unanimous jury found that the plaintiff was negligent but not the defendant.

CRIMINAL

STATE OF TEXAS v. URIEL LOREDO-TORRES

Cause No.: D-1-DC-24-206265

Judge: Melissa Goodwin

Dates: September 8 – September 10, 2025

Attorneys:

State of Texas: Emily Scholten

Defendant: Raymond Espersen

Summary: The defendant was indicted for two separate charges – driving while intoxicated, having been convicted two times or more of being intoxicated while driving, and collision involving personal injury. The jury found the defendant not guilty of driving while intoxicated.

STATE OF TEXAS v. YASEEN NAZ

Cause No.: D-1-DC-25-904062

Judge: Brandy Mueller              

Dates: September 15-19, 2025

Attorneys

State of Texas: Jean Sullivan/ Cahal McColgan

Defendant: Angelica Patrice Adel Cogliano

Summary: The defendant was indicted for murder under the influence of sudden passion, which occurred on or about January 2023. A district attorney press release stated the following: “During the investigation, the Austin Police Department found that Mr. Naz and the victim were involved in a physical altercation inside the gas station where Mr. Naz worked. Surveillance footage from the gas station showed that the altercation occurred inside the store prior to the shooting. After the altercation, Mr. Demps tried to leave but was pursued by Mr. Naz and another store employee into the parking lot. Mr. Naz is then seen on video firing multiple rounds into Mr. Demp’s vehicle through his door and window while he was sitting in his vehicle with the door closed. Defendant claimed self-defense, defense of a third person, and defense of a person’s property.” The jury convicted the defendant of murder and gave him five years in prison.

STATE OF TEXAS v. CHRISTIAN ALBA

Cause No.: D-1-DC-23-302315

Judge: P. David Wahlberg       

Dates: September 10-18, 2025

Attorneys

State of Texas: Jason Rew Hunter     

Defendant: Charlie Baird

Summary: The defendant was indicted for murder. A mistrial was declared.