Shortly after returning to Galloway Johnson Tompkins Burr & Smith, Associate Jonathon Austin secured a summary judgement win on behalf of our clients in a death injury case in Dallas.
Jonathon originally joined Galloway in 2021, advocating for clients in our Houston office. Though he left the firm in late 2023, he kept in touch with a few of our attorneys. Jonathon discovered after a few months that the grass wasn’t greener and that he missed working at Galloway.
He came back to our team of result-driven litigators at Galloway for the way we do things, our responsiveness, consistency, and the great personal and professional relationships at our firm.
In July 2024, just a few months after resuming work at Galloway, Jonathon was granted summary judgment in our client’s favor on our affirmative defense of statute of limitations. In this case, the Plaintiff filed suit on the eve of the statute of limitations. Whenever this occurs, Plaintiff must show due diligence in serving the Defendant when the Defendant is served outside the statue of limitations period. Here, the case was filed in March 2023 but our client was not served until December 2023.
Jonathon successfully argued that there was a lack of due diligence and pointed out the many lapses in diligence in serving our client outside the statute of limitations period. The judge agreed, ruling that the Plaintiff should have asked for service via the Texas Secretary of State when they could not locate our client’s registered agent.
With the judgment granted for our client and all claims dismissed with prejudice, Jonathon and the Galloway team has again gone way above and way beyond in partnering with and defending our clients. We are glad to have Jonathon back on our team of champions for the greater good.