Don W. Kent

Don Kent

Don Kent has more than 34 years experience defending multi-million dollar products liability, toxic tort, business and medical liability claims against individuals and companies in state and federal courts. Don is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is an "AV" rated attorney with Martindale Hubbell, and is a charter fellow of Litigation Counsel of America.
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Representative Experiences:

  • Represented doctor in defense of medical malpractice claims involving claims of failure to timely diagnose resulting in multiple amputations caused by meningococcemia meningitis in minor child. Jury trial in Dallas County televised live on Court TV with plaintiff seeking $20 million in damages. Jury returned a zero verdict of no liability.
  • Represented insulation contractor in defending toxic tort claims by plaintiff with confirmed mesothelioma who alleged exposure to asbestos sought damages in excess of a million dollars. Jury trial in Harris County resulted in a zero verdict for defense.
  • Represented psychiatrist in defending claims alleging failure to provide proper follow-up care resulting in suicide. Case tried in Smith County which returned a zero verdict of no liability.
  • Represented an oral surgeon in defending claims of wrongful death following surgery to repair a broken jaw on a 50 year old female patient. Jury trial in the U.S. District Court for the Northern District of Texas result in a zero verdict for the defense.
  • Represented ophthalmologist accused of medical negligence in performing cataract surgery. Following jury trial in Smith County, jury returned a defense verdict of no liability.

Areas of Practice

  • Litigation
  • Healthcare Law

Bar Admissions

  • Texas
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of Texas

Education

Presentations

  • 2009 "Daubert: Recent Cases" Advanced Personal Injury Law Course
  • 2007 Panel moderator on "Burning Issues" at Advanced Medical Malpractice Course
  • 1996 "When Docs Do Drugs" TADC Seminar
  • 1992 "Defense of Doctors in Malpractice Cases" TADC Fall meeting
  • 1990 & 1991 "Evaluation of a Personal Injury Case from the Defense Perspective" TADC Rookie Attorney Seminar

Honors and Awards

Professional Associations and Memberships

Community Service

  • Member, Board of Directors - Parents Anonymous

 

Billy D. Anderson

Bill Anderson

Billy D. Anderson is an AV-rated lawyer with more than 20 years experience litigating and representing clients in a broad range of disputes. His practice has been primarily devoted to general litigation, insurance defense, toxic torts, professional liability, oil and gas, and eminent domain. He has jury trial experience in state and federal courts and before state administrative agencies in the areas of contract claims, toxic torts, and commercial and business torts, including the Deceptive Trade Practices Act, premises liability, and general negligence. Mr. Anderson has represented numerous real estate agents and home inspectors against claims made by homeowners. Additionally, Mr. Anderson has represented governmental entities, gas utilities and common carriers in the planning, construction, and eminent domain phases of pipeline and highway projects.
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Representative Experience

  • Represented oil and gas operators in Rusk County, Texas against Lessor in title dispute arising out of the interpretation of granting and reservation language of 1948 and 1962 deeds. Obtained declaratory judgment in favor of clients.
  • Represented Lessor in Wood County, Texas against fraud claim and a declaratory judgment action filed by prior Lessee on issue of lease termination. Obtained judgment on behalf of Lessor.
  • Represented seller of oil and gas properties through clearinghouse oil and gas asset auction against claims made in Upshur County, Texas by purchaser and subsequent purchasers. Obtained Agreed Judgment of no liability or damages.
  • Represented Real Estate Agent in DTPA claim filed by purchaser in Henderson County, Texas. Obtained dismissal.
  • Represented investor in fraud and breach of contract claim against homebuilder in Smith County. Obtained judgment in favor of investor.
  • Represented seller of multiple commercial properties on breach of contract claim filed by purchasers. Obtained settlement retaining all properties and paid $0 in damages. Obtained settlement funds from third-party defendant.
  • Represented naval, electrical and automotive equipment manufacturers in asbestos cases in State District and Multi-District Litigation courts.
  • Represented Doctor in medical malpractice wrongful death claim filed in Anderson County, Texas. Obtained a jury verdict of $0 damages.
  • Represented driver of vehicle in which trailer came unhooked and struck vehicle head on against claims filed in Angelina County, Texas. Obtained defense verdict from jury.
  • Represented Van Zandt County, TX against claims that a county vehicle ran another motorist off the road causing personal injury. Obtained defense verdict from jury.
  • Represented pipeline company during planning, acquisition, and eminent domain phases of project from Mount Belview, Texas to Longview, Texas.
  • Represented county during eminent domain phase of construction of highway loop.

Areas of Practice

  • Litigation
  • Professional Liability
  • Oil and Gas
  • Toxic Torts
  • Eminent Domain

Bar Admissions

Education

Publications

  • 2001 - Eminent Domain Cases Laws Update
  • 1999 - Condemnation and Easements Landowner and Pipeline Owners' Perspective

Professional Associations and Memberships

Professional Experience

  • 2002 Present - Kent, Anderson & Bush, P.C., Attorney
  • 1999 2002 - Buchanan Kent, P.C., Attorney
  • 1992 1999 - Cowles & Thompson, Attorney
  • 1985 1992 Exxon Company, USA Landman/Royalty Owner Relations

Community Service

  • Rose Capital Little League Baseball
  • Coach for Starters Basketball and Upwards Football

 

David J. Bush

David Bush

David J. Bush is an AV rated lawyer with more than 20 years experience in litigation and arbitration as well as business transactions and business organizations. He has represented clients in state and federal trial courts and state and federal courts of appeal. He has also represented clients in single and multi-panel arbitration proceedings. In addition to litigation and arbitration, David has also been involved in negotiation and preparation of contracts involving significant transactions in the United States and abroad. David's litigation and arbitration experience includes contract disputes, construction claims, commercial and business torts, employment law, general negligence and professional liability.
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Representative Experience:

  • Represented oil and gas exploration company in successful defense of breach of contract claim.
  • Represented real estate developer defending fraud, negligent misrepresentation and breach of contract claims. Jury returned a zero verdict for developer.
  • Represented insurance agency in arbitration proceeding to obtain damages and a permanent injunction against former officers of agency.
  • Represented EPC Contractor in arbitration of disputes arising out of the design and construction of an oil processing plant; Obtained a $6,959,372.83 Arbitration Award in favor of client.
  • Represented general contractor in defending breach of contract and negligent construction claims.
  • Represented a pipeline contractor in defense of claims of damage to property during construction of pipeline. After discovery, all lawsuits settled for less than defense costs.
  • Represented an architect in defense of a breach of contract claim. Obtained a judgment notwithstanding the jury verdict in favor of client.
  • Represented Texas corporation in a dissenting shareholder lawsuit in a trial to the bench; favorable judgment was affirmed on appeal.

Areas of Practice

  • Litigation
  • Arbitration
  • Business Organizations
  • Business Transactions

Bar Admissions

Education

Published Works

  • " The Constitutionality of the Charitable Immunity and Liability Act," 40 Baylor Law Review 657 (1988)

Honors and Awards

Professional Associations and Memberships

Community Service

 

David W. Frost

David Frost

David Frost has significant litigation experience in a broad range of disputes. He has first chair jury trial experience representing clients in state and federal trial courts, and in arbitration proceedings. David's litigation and arbitration experience includes medical malpractice defense, healthcare facility defense, contract disputes, commercial and business torts, residential and commercial construction claims, mechanics and materialman's liens, premises liability, general negligence and professional liability.
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Representative Experiences:

  • Defended a family practice physician in a medical malpractice lawsuit in which plaintiffs made claims of wrongful death following the discharge of patient from hospital after treatment of respiratory complications. A jury trial in Bowie County resulted in a no liability verdict in favor of the defendant physician
  • Represented building manufacturer in suit filed in Smith County against general contractor and property owner for breach of contract and to foreclose mechanics and materialman's lien. Obtained money judgment and order foreclosing mechanics and materialman's lien.
  • Represented an infectious disease physician in medical malpractice lawsuit against allegations of failure to timely diagnose and properly treat mycobacterium infection of knee following knee replacement surgery. A jury trial in the U.S. District Court for the Eastern District of Texas resulted in a no liability verdict in favor of the defendant physician.
  • Defended building manufacturer in Dallas County lawsuit against claims of negligent design and construction of a private prison facility. After filing a motion for summary judgment, a favorable settlement for nuisance value was obtained.
  • Defended nursing and rehabilitation facility in Gregg County against claims of wrongful death related to death of young brain damaged resident.
  • Defended nursing home in Cass County lawsuit against claims of negligence related to injuries sustained by resident after fall.

Represented residential homebuilder in Smith County against claims of design and construction defects.

  • Have filed numerous mechanics and materialman's liens for construction contractors and have successfully recovered for clients outstanding balances through negotiations with property owners and general contractors.

Area of Practice

  • Litigation
  • Construction Litigation
  • Medical Malpractice Defense
  • Health Care Law
  • Commercial Litigation

Bar Admissions

Education

Professional Experience

  • 2003 Present - Kent, Anderson & Bush, P.C., Attorney
  • 1999 2002 - Buchanan Kent, P.C., Attorney
  • 1997 1999 - Cowles & Thompson, Attorney
  • 1992 1994 - United States General Accounting Office, Evaluator in National Security, and International Affairs Division

Professional Associations and Memberships

Community Involvement and Personal Interests

  • Coach for Starters Basketball, Upwards Flag Football, and Rose Capital East Baseball
  • First Baptist Church, Tyler Member
  • Basketball, Golf, Tennis, Hunting and Fishing

 

Vance L. Metcalf

Vance Metalf

Vance L. Metcalf has significant experience in general civil litigation, real estate, estate planning, and probate matters. He has represented clients in both state and federal courts. He has represented numerous real estate professionals with regard to administrative complaints and litigation, including real estate brokers and agents, appraisers, title companies, and home inspectors.

Representative Experiences

  • Defended home inspector is suit filed by homebuyer alleging breach of contract, negligence and DTPA violations;
  • Obtained summary judgment for apartment complex in suit involving a slip and fall on ice;
  • Represented real estate broker in breach of contract case;
  • Represented trucking company in motor vehicle accident case;
  • Defended real estate broker in suit alleging violations of the DTPA;
  • Defended apartment complex in premises liability case involving third-party criminal conduct;
  • Represented property owner in unlawful diversion of water case;
  • Defended landlord/owner of residential property in premises liability action;

Area of Practice

  • Litigation
  • Professional Liability
  • Premises Liability
  • Estate Planning/Guardianship/Probate
  • Real Estate

Bar Admissions

Education

Professional Association and Memberships

Professional Experience

  • 2002 – Present - Kent, Anderson & Bush, P.C., Attorney
  • 1998 – 1999 – Haynes & Boone, LLP., Assistant Comptroller
  • 1997 – 1998 – Jenkins & Gilchrist, PC., Accounting Manager

Community Involvement and Personal Interests

  • Coach for Whitehouse Baseball/Softball League
  • Member - West Erwin Church of Christ, Tyler

 

Donald W. Cothern

Donald W. Cothern is an accomplished attorney with over 30 years of experience with emphasis on commercial litigation and representation of creditors in bankruptcy cases, including real estate litigation, primarily representing creditors in state and federal court.

Area of Practice

  • Litigation
  • Commercial Litigation
  • Bankruptcy Litigation
  • Appeals

Education

Professional Association and Memberships

  • Tyler Junior College - Paralegal Advisory Board
  • Smith County Bar Association – President (2002)
  • College of State Bar of Texas – Member (2010)
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