CGW Earns Defense Victory in Dallas, Drastically Reducing Client Exposure in Construction Site Wrongful Death Case

Following a two-week trial from August 10–24, Costello Ginex & Wideikis, PC partners Dan Costello and Michael Turiello secured a major defense victory in a highly contested construction-site wrongful-death case involving the tragic death of a 19-year-old contractor. Plaintiff’s counsel asked the jury for $190 million.

The Court submitted both wrongful-death and conscious pain-and-suffering claims to the jury. It also allowed the jury to consider separate theories of premises liability and negligent activity.

Our client was apportioned only 5% responsibility under premises liability, resulting in exposure of $650,000. This is less than one half of 1 percent (.34%) of the ask at trial.

The jury separately apportioned 40% under negligent activity, creating a maximum alternative exposure of approximately $4.05 million. The defense maintains that this theory should not have been submitted because the allegations concerned conditions and actions the defendant allegedly failed to undertake—not contemporaneous affirmative conduct. Based on the Texas Supreme Court's recent decision in JMI Contractors, LLC v. Medellin, 716 SW3d 740 (June 26, 2026), which requires evidence of contemporaneous activity (i.e. malfeasance) that caused the injury for a negligent activity claim to be submitted to the jury, and other appellate issues zealously preserved by the trial team, the defense expects the overall amount to be reduced to $650,000 or less following post-trial and appellate review. The premises-liability finding also remains subject to challenge because the alleged condition was open and obvious.

A special thanks to Heidi Gumienny Simmons and Andrew Nelson at Wright Close Barger & Guzman for their outstanding work with us on this case on the appellate issues. Also thank you to Stephen Graham at Amerisure for the opportunity to let us parachute into this case, and local counsel Barry Hardin. Finally, an enormous thank you to the client and their in-house team for their incredible support during the trial.

We are proud of the preparation, perseverance, and teamwork required to achieve this result in an exceptionally difficult and consequential case.