Jennafer G. Groswith Partner

     

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Jennafer Groswith focuses her practice in the areas of medical malpractice, professional liability and product liability. She also handles general liability and casualty, toxic torts, and industrial and trucking accidents, and is well versed in the growing area of e-discovery applicable to all these specialties.

Jennafer is adept at formulating medical and legal defenses, leaving no stone unturned in her quest to get the best results while meeting her clients’ needs. Performing an early and thorough investigation of every fact and legal nuance of the case, Jennafer can see the bigger picture and shape the case toward a favorable outcome for her clients, from reasonable, early resolution to a verdict secured through efficient and focused case management. Jennafer also develops themes early on in each case so that when it is time for trial, she has a succinct and favorable set of facts and evidence for the jury shaped in accordance with those themes. Jennafer excels at determining a realistic and attainable settlement or verdict amount, and knows how to challenge the credibility of a witness and effectively impeach an opposing expert’s testimony.

Areas of Focus

Medical Malpractice
Wilson Elser’s Medical Malpractice team is recognized in the industry as among the top firms in the United States. Jennafer provides direct defense for professionals on individual cases in courts, before regulatory bodies, and in arbitrations and mediations. She represents physicians, hospitals and clinics of all sizes, providing all associated services, such as litigation, practice and risk management, regulatory, investigations and ethics, and transactional matters.

Catastrophic Trucking Accidents
Trucking companies can no longer pay exorbitant settlements or judgments along with rising tolls, skyrocketing fuel costs, and increases in fines and fees. Jennafer defends her clients with a keen awareness of legislative, regulatory, technological and other developments that have an impact on the industry. She leverages Wilson Elser’s nationwide 24/7 response program to help ensure that statements are taken and evidence is gathered during the first critical hours following a catastrophe.

Day Care Providers
Jennafer defends adult and child day care centers and after-school program operators in a variety of claims, including staff acts and omissions, negligence, transportation and field trip coverage, and premises liability.

Industrial Accidents
Claims brought under the Health and Safety at Work Act of 1974, workers’ compensation and nonsubscriber claims for work-related injury require a knowledgeable attorney to provide a successful defense. Jennafer’s experience in this area makes her a formidable advocate for clients and an effective defender of their rights. Jennafer has extensive experience in all aspects of nonsubscriber law, from enforcing arbitration agreements to the initial investigation of the accident through mediation and arbitration.

Architects & Engineers
Jennafer represents architects and engineers through all phases of construction litigation and counsel. She is continually aware of changes in case law, technological advances, the current claims environment, and the industry rules and ethical guidelines that impact architects and engineers.

Product Liability
Wilson Elser’s Product Liability practice is among the largest and most diversified in the United States, frequently extending beyond legal defense to the business effects on risk management. Jennafer leverages the firm’s cross-practice environment to defend clients against product liability and mass tort actions in a variety of categories.

Representative Matters

Participated in the successful defense of an apartment complex in a case involving a catastrophic brain injury that occurred after the plaintiff fell down a flight of stairs in her apartment. She argued that the builder and the complex knowingly failed to comply with city codes for stairs as well as lighting, thus creating and failing to repair a dangerous condition. Medical damages were nearly $1 million, and the plaintiff continued to suffer debilitating brain damage impairing her speech, gait and memory. Plaintiff will require extensive therapy and caregivers for the remainder of her life. Prepared a motion for summary judgment based on lack of causation evidence as to the apartment complex and argued that because the plaintiff could not remember what caused her to fall, or where on the staircase she did fall, she did not have sufficient evidence to prove causation. Also argued that the court could not infer a defect in the stairs from the mere fact that the plaintiff fell. The trial court granted summary judgment and the plaintiff appealed. Prepared the appellate briefing and contributed to the oral argument; the Fort Worth Court of Appeals sustained the summary judgment.

Assisted in defense of a home inspector where the plaintiff alleged that the home he purchased had major foundation problems requiring thousands of dollars in necessary repairs, which should have been discovered during the inspection. Argued that the plaintiff should have complied with the Texas requirement that all lawsuits filed against a licensed engineer, as our home inspector was, must be accompanied by a certificate of merit from an independent engineer. Plaintiff had not filed the requisite certificate of merit, and the case was dismissed as a result.

First chair in a case in which plaintiff alleged that the apartment complex knew that her apartment was infested with bed bugs, and that the management failed to take proper effective corrective action. This case went to a jury trial and we won on directed verdict.

Obtained dismissal of a workers’ compensation claim in which plaintiff alleged defendant physician had sent him back to work too soon, and that the doctor failed to prescribe antibiotics and pain killers following a simple laceration. Prepared the response for the Texas Medical Board, including supporting medical opinions regarding the standard of care, which resulted a determination that the physician met the standard of care in his treatment of the patient.

Obtained dismissal of a case in which defendant insurance agent allegedly failed to obtain flood coverage and misrepresented plaintiffs’ coverage, resulting in loss of property following a hurricane. Established that defendant had fulfilled his promise to obtain comparable insurance to plaintiffs' prior policy, which despite plaintiffs' understanding, did not afford flood coverage. Prepared a summary judgment motion based on the fact that plaintiffs could not recover for post-formation representations, and that defendant had obtained the requested coverage with increased coverage limits.

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