A Harris County district judge has sanctioned a law firm for failing to comply with court orders in a personal injury case against Clutch City Sports in which a man suffered permanent quadriplegia from a fall after a Rockets game.
Judge Kristen Brauchle Hawkins ordered Wilson, Elser, Moskowitz, Edelman & Dicker last week to pay the plaintiffs $102,627 to compensate for attorney fees and for violations of discovery obligations and court orders. The sanction must be paid within 30 days.
“The Court imposes sanctions that are just — not excessive — proportionate to the wrongdoing, and narrowly tailored to correct the consequences of the sanctionable conduct,” the order, issued on Feb. 11, reads.
The order listed four purposes of the sanctions.
First, the sanctions seek to cover attorney fees caused by the conduct and demand immediate compliance with previously violated court-ordered discovery obligations. Additionally, it seeks to establish compliance with discovery obligations moving forward and to give notice that if the sanction isn’t sufficient, then the court can impose more severe sanctions.
Chance A. McMillan and Jaqualine P. McMillan of McMillan Law Firm and Russell S. Post and Parth Gejji of Beck Redden will be paid for the work they did for Long Ha.
The court also ordered the corporate representative for Clutch City Sports to sit for a second deposition by March 18.
“Wilson Elser has violated or failed to comply with the Court’s orders regarding discovery. Defendants have also failed to cooperate, but, after a lengthy evidentiary hearing, the Court concludes that the majority of the sanctionable conduct lies with Wilson Elser,” the order reads.
Garett Willig of Wilson Elser, who represents the defendants, did not immediately respond to a request for comment. Robert E. Perkins of Spencer Fane and Kelly Sandill of Hunton Andrews Kurth are also representing the defendants.
The lawsuit was filed in 2023, claiming that Clutch City and Rocket Ball knowingly maintained “tripping hazards” for years despite warnings.
Long Ha was leaving the Toyota Center after a Rockets game in January 2022 when he tripped on steel in a tree well in the sidewalk and struck his head on another steel protrusion in the tree well. The incident resulted in permanent quadriplegia and a traumatic brain injury.
The case is Ha, Long v. Harris County Houston Sports Authority, 2023-67463.