X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Jan. 24, according to Darlina Brown’s complaint, her husband, Michael, came home after drinking, found his pregnant wife watching television, pulled out a gun and threatened to kill himself, reported plaintiffs’ attorney Tommy Fibich. “She went to another room to call her mother, but he dragged her back into the bedroom.” At that point, Fibich said, Michael Brown “tore one of the posts off the four poster bed and began hitting her with it.” She escaped to another room, where she called the Montgomery County, Texas, sheriff’s office. Her husband was charged with aggravated assault, Fibich said. The charge is pending. After the incident, Darlina Brown filed for divorce and enforcement of a prenuptial agreement. She also filed a tort claim against her husband, charging assault, aggravated assault and intentional infliction of emotional distress. Brown’s divorce lawyer, Wendy Burgess, first approached Fibich about the assault claim. “I filed it within the divorce claim, thinking [Michael] Brown would make the court have separate trials” — one on the divorce and one on the assault and intentional infliction counts, Fibich said. But the defense didn’t ask for any separation, so the tort action stayed within the divorce case. This aided his client, he said, because the jury heard evidence on other allegations of “bad behavior” that might otherwise have been excluded. Michael Brown, a well-known Houston-area hand surgeon, filed a counterclaim seeking a jury finding that his wife had converted 28 items from his house, including a box containing $100,000. In any trial over a domestic disturbance, Fibich noted, “typically you have a he said/she said, problem.” In this trial, Brown contended that his wife “was the aggressor, that she pulled the gun on him.” To counter this, the plaintiff introduced the tape of the call to the sheriff’s department, “where she’s begging the police ‘Get here, he’s going to kill me.’” On Oct. 19, a Conroe, Texas, jury awarded Darlina Brown $3.56 milion, including $3 million for mental anguish. The jury rejected Michael Brown’s claims of conversion, except regarding his letters to his daughter. The jury placed no monetary value on the letters. The jury also awarded Darlina Brown $355,000 for the value of the prenuptial agreement. On Oct. 22, the jury added $2 million in punitives, for a total award of $5.56 million. Plaintiff’s attorneys: Tommy Fibich and Michael Leebron, Fibich, Hampton, Leebron & Garth, Houston; Wendy Burgower, Wendy Burgower & Associates, Houston. Defense attorney: Steve Rocken Rosen, Law Office of Rocket Rosen, Houston.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.