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Biography
Kat's trial skills over the last few years have been primarily demonstrated in products liability cases, particularly with recalled and withdrawn products, and in commercial disputes. She also handles general negligence cases and nuisance, trespass and personal injury cases involving landfills. Additionally, Kat's work has included medical malpractice, premises liability cases that have involved death, rape or serious injury with allegations of inadequate security, and professional liability. An active trial lawyer, Kat has served as lead counsel in trials of product liability; commercial cases; medical malpractice; intentional torts, including assault, malicious prosecution and slander; premises liability; pharmaceutical malpractice; DTPA claims, and other issues.

Representative Experience

Product liability

  • Represents Bridgestone/Firestone, Inc. in wrongful death and personal injury suits filed in multiple counties in Texas relating to rollover accidents and product recall; has served on pretrial and trial teams for all Bridgestone/Firestone, Inc. cases in Texas involving the recalled tires
  • Represents a major pharmaceutical manufacturer in suits arising from the use of prescription drugs ultimately withdrawn from the market and other drugs
  • Obtained defense verdict in jury trial of product liability case involving a construction accident

Medical malpractice

  • Obtained defense verdict for hospital client in jury trial of wrongful death case alleging failure to monitor adequately heart patient and seeking in excess of $5 million
  • Obtained defense verdict for hospital in jury trial of obstetrics case alleging that nursing negligence proximately caused death of one twin and brain damage to the second
  • Obtained several defense verdicts in jury trials for a number of national drug store pharmacies in unrelated prescription mis-fill cases where liability was stipulated and only causation and damages were contested at trial; one such case seeking in excess of $10 million was settled for nuisance value after four days of trial
  • Obtained defense verdict in dental malpractice jury trial
  • Regularly handles claims and cases against hospitals and advises on issues such as peer review, staffing, policies and procedures, and credentialing

Premises liability

  • Obtained defense verdict in jury trial of case alleging that inadequate security of restaurant led to the shooting death of plaintiff's common law husband
  • Obtained summary judgment for owner of parking garage where plaintiff was allegedly raped by city policeman who had stopped her for suspicion of drunk driving, with Texas Supreme Court's opinion modifying standard for proof in inadequate security cases [Hamilton]
  • Obtained defense verdicts in a number of traditional premises defect jury trials

General trial practice

  • Obtained bench verdict for property owner in §1983 deprivation of access to property case against Harris County
  • Obtained directed verdict for major telecommunications client on all causes of action including DTPA violations, slander, malicious prosecution, negligence, and breach of contract in a case involving client's fraud detection systems
  • Representing the owner/operator of several landfills in a variety of nuisance and personal injury actions and a class action filed by adjacent landowners and occupants
  • Obtained defense verdicts in three civil assault/malicious prosecution cases
  • Represents IPA in cases/arbitrations regarding contract disputes with its physicians and advises on other litigation matters
Results depend upon the facts of each case.
Activities and Affiliations
  • Adjunct Professor, University of Houston Law Center, Spring 2004, 2005
  • Member: American Board of Trial Advocates (ABOTA); International Association of Defense Counsel (IADC); Texas Bar Foundation Life Fellow; Houston Bar Foundation; Defense Research Institute, Inc. (DRI); Texas Association of Defense Counsel (TADC); American Bar Association; Houston Bar Association
  • Author: "DTPA: The Recent Amendments," TADC winter meeting, 1998
  • Speaker: "Charting from a Litigation Perspective," May 2003; Continuing Medical Education: "Reducing Medical Errors with Improved Legibility," November 2002; Nursing Continuing Education: "Occurrence Reporting, Documentation and the Chain of Command," May 2002, March 2000, November 1999
  • Author and Presenter: "Update of Product Liability Law," Advanced Personal Injury Seminar, 2003
  • Instructor: Gulf Coast Regional NITA, 2004; NITA program at Louisiana State University, 1994-1997, 1999
Education and Professional Background
  • Louisiana State University, B.A. in journalism (with a minor in economics), 1985
  • Paul M. Hebert Law Center at Louisiana State University, J.D., 1988 (Order of the Coif; Louisiana Law Review)
  • Admitted to practice: Louisiana, 1988; Texas, 1989; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

Kathleen A. Gallagher
Partner
First City Tower
1001 Fannin Street, Suite 2500
Houston, TX 77002-6760

713.758.2436 : ph
713.615.5877 : fax
kgallagher@velaw.com

Practices

Industries