Jennifer D. Cully

Jennifer D. Cully

Associate

Ms. Cully worked in St. Louis, Missouri for the first few years of her practice where she represented employers in worker’s compensation cases before an administration board.  Upon returning to Houston, Texas she represented physicians, hospitals and nurses in complex medical malpractice cases involving significant injuries and/or death. She also represented physicians in disciplinary investigations before the Texas Medical Board in disciplinary investigations.  She also successfully filed, defended and argued many appeals to the Texas Appellate Court related to expert reports under Chapter 74 of the Texas Civil Practice and Remedies Code.  She also successfully defended an appeal of a trial defense verdict involving a hand surgeon.

Since joining the firm in 2013, Ms. Cully has expanded her practice to include construction defect litigation, premises liability, products liability, employment issues, legal malpractice, and general tort and commercial litigation. Ms. Cully regularly represents:

  • general contractors and subcontractors in construction defect litigation;
  • property owners in premises liability cases;
  • companies defending against claims of product defects, vehicular accidents and personal injury claims;
  • design and construction professionals, attorneys, and others in alleged professional negligence.

Community Activities

Ms. Cully is a Volunteer Committee Member for the Walk to End Alzheimer’s – Houston. She was the team leader for the Sheehy, Ware & Pappas – Walking for a Cure team at the 2018 Walk to End Alzheimer’s – Houston. She also regularly volunteers at the various events for the Alzheimer’s Association. She is a member of AIM, Alzheimer’s Impact Movement, which is the sister organization for the Alzheimer’s Association which promotes advocacy. She also regularly volunteers at her children’s schools – Roberts Elementary School and Trafton Academy.

Construction and Construction Defect

  • Successfully defended clients in litigation on cases alleging residential and commercial construction defects, breach of contract and breach of warranty, and DTPA violations;
  • Represented subcontractor in multi-family construction case where the building had significant foundation movement causing outside brick to fall from building;
  • Represented owner of facility where general contractor and subcontractors used copyrighted facility plans without permission of copyright owner and poorly designed and constructed the facility;
  • Represented fire suppression system designer/installer in cases involving alleged improper installation of pipe in a large warehouse and multi-family dwelling; and
  • Represented roofing contractors in alleged defective roof installation in commercial and residential applications.

Transportation Law

  • Successfully represented employer in trucking cases involving truck/automobile accidents.  These cases have often involved allegation of driver inattention, improper maintenance of equipment and alleged violations of DOT regulations;
  • Represented commercial bus company in personal injury cases following busing accidents; and
  • Represented large oil and gas client in case involving parts not being properly tied down in vehicle resulting in alleged injury to individual in passing vehicle.  

Professional Errors

  • Represented attorney in claims involving legal malpractice in an underlying medical malpractice case;
  • Represented attorney in complex fraud case involving large apartment complex alleging conflicts of interest by involved attorney; 
  • Represented plastic surgeon in case involving negligent administration of anesthesia causing the death of a 19 year old patient;
  • Represented surgeons in various cases involving alleged performance of negligent surgical procedures;
  • Represented pediatrician in cases involving alleged failure to detect cancer in small child, which resulted in the child’s death;
  • Represented pediatrician in case involving alleged failure to timely diagnose and treat in a case resulting in death of small child;
  • Represented CRNA in case involving alleged failure to diagnose and treat pre-eclampsia resulting in brain damage in postpartum mother;
  • Represented ophthalmologist in case involving alleged failure to timely treat an emergent eye condition resulting in loss of sight in one eye; and
  • Represented radiologists in cases involving failure to visualize cancers etc on mammogram, CT, MRI resulting in late diagnoses.

Premises Liability

  • Successfully represented claims against a wide variety of premises owners and occupiers in claims involving alleged injuries due to alleged unsafe or unreasonably dangerous conditions on the premises.
  • Represented restaurants in injuries on the premises to patrons due to slips and falls at various locations;
  • Represented owner of ATV park in claim involving alleged insufficient security including allegations of assault of a patron resulting in permanent loss of vision in one eye;
  • Represented hotel owner in clams involving alleged bed-bug bites by a guest; and
  • Represented owner of apartment complex in claims involving injury to a tenant during construction.

Restaurant Claims

Represented restaurants in claims involving unsafe food, serving alcohol to minors, and injuries on the premises to patrons.

Labor/Employment Litigation

  • Successfully asserted claim against former employee and her new employer for employee theft of trade secrets upon job separation and breach of confidentiality agreement;
  • Represented non-subscribing employer in case involving employee injured on the premises;
  • Represented employers in worker’s compensation cases in Missouri before the ALJ.

Products Liability

  • Represented alleged seller of product in claim involving product explosion resulting in significant injury; and
  • Represented seller of a fire alarm panel in a case involving a significant fire causing the death of two individuals.  

Appellate

  • Successfully represented physicians in appeals regarding the sufficiency of expert reports under Section 74.351(b)(1) of the Texas Civil Practice and Remedies Code;
  • Successfully defended the appeal of alleged error by the Trial Court in excluding the expert opinion regarding the reputation of the defendant physician at the time of trial;
  • Successfully defended appeal of trial verdict regarding alleged error in failing to strike venire member for cause due to bias; and
  • Published Opinion: Yilmaz v. McGregor, 265 S.W.3d 631, 637 (Tex. App.—Houston [1st Dist.] 2008, pet. denied).

Education

  • South Texas College of Law (J.D., 1999)
  • University of Houston (B.S., 1996)

Legal Memberships

  • State Bar of Texas
  • Construction Law Section, State Bar of Texas
  • U.S. District Court – Northern, Southern, Western and Eastern Districts of Texas
  • US Court of Appeals for the Fifth Circuit
  • Texas Association of Defense Counsel
  • State Bar of Missouri