Just 8 weeks after opening the firm’s doors, founding partner Felicia Harris, Craig Geraci and Andrew Parma scored a multi-million-dollar win for a Brazoria County nursing home owner and operator. After almost three years of litigation and a three-week trial, on Friday [February 26, 2016], the jury returned a unanimous verdict in favor of BCH’s client, Sunset Nursing Home, Inc., of more than $4 million for breach of contract. The 12-member jury found that Sunset’s prior tenants breached two lease agreements that allowed the tenants to operate Sunset’s two nursing homes. In addition to the breach of contract finding, the jury also found that a conspiracy existed between the tenants and the guarantors on the lease agreements to defraud Sunset. The jury’s verdict included $700,000 in actual damages and $2 million in punitive damages in connection with the fraud finding.
The lawsuit arose from the change of control that occurred at midnight on April 30, 2011, when the tenant’s lease agreements expired. In the lawsuit, Sunset asserted that, as the leases expired, the tenants terminated Medicare agreements and vendor relationships, caused key personnel to leave, and removed equipment and supplies from the two facilities disrupting ongoing business operations.
“We are thrilled for Felicia and her trial team. This victory demonstrates what we already know at BCH: Felicia is a tenacious litigator who, together with her strong team, works tirelessly to represent her clients’ interests and to deliver the most favorable outcome. ” said Kirby Barry, managing partner of Barry Conge Harris LLP.
Trial was before Brazoria County District Judge Patrick Sebesta, in the 239th Judicial District Court.
Founded on January 1, 2016, Barry Conge Harris LLP is a full-service law firm having significant experience and expertise representing clients in a diverse range of legal matters, including commercial litigation, corporate and energy. Each of the founding partners previously practiced at the Houston office of now-defunct Burleson LLP. For additional information contact Barry Conge Harris LLP, Felicia Harris, 1800 West Loop South, Suite 750, Houston, Texas 77027; 713.331.7662; firstname.lastname@example.org.