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Richard C. Danysh
Richard Danysh has a diverse general civil litigation practice with a particular emphasis on the representation of clients who are self-insured or who have insurance programs which include substantial self-insured retentions. Client representation includes a broad range of industries, such as: brewing, energy, financial services, health care and manufacturing. Mr. Danysh is a partner in the San Antonio office and heads that office's trial section. He has also served on the firm's management committee.
Mr. Danysh has tried approximately 40 civil jury trials to verdicts involving breach of contract, fraud, tortious interference, personal injury defense, wrongful death, premises liability, property damage, lender liability and related disputes. He has also initiated, prepared and participated in numerous "mock trials" in cases involving claims for substantial damages. His work has encompassed all aspects of state and federal trials, arbitration and forms of alternative dispute resolution. Mr. Danysh also has managed and directed the Texas asbestos docket of two Fortune 500 clients handling more than 300 cases involving 815 claims over the past eight years. In addition, he has experience in environmental tort litigation.
Representative clients include: American General Finance Inc.; Anheuser-Busch Inc.; Busch Entertainment Corporation; CPS Energy; Hobby Lobby Inc.; San Antonio Kidney Disease Center Physicians Group; Sea World California; Sea World of San Antonio, Texas; Service Corporation International; and Warm Springs Rehabilitation Foundation Inc.
Xcel Entertainment, L.L.C. v. Sea World Texas Inc., Sea World California, a division of Sea World Inc. and Busch Entertainment Corporation. Successful prosecution of breach of contract action and defense of breach of contract, fraud, tortuous interference, negligent misrepresentation claims arising out of multi state relationship with vendor in recreation/entertainment industry (three-week trial in California).
Warm Springs Rehabilitation Foundation Inc. v. Byron M. Burris and James H. Hoffman. Successful arbitration of disputes arising from acquisition of rehabilitation entity and facility.
Warm Springs Rehabilitation Foundation Inc. v. McKenna Rehabilitation Network Inc., et al. Breach of contract action arising from the operation and winding-down of the joint ownership of a rehabilitation facility.
Warm Springs Rehabilitation Foundation Inc. d/b/a Warm Springs Rehabilitation Hospital-San Antonio, Warm Springs Rehabilitation Hospital-Gonzales, and Warm Springs Rehabilitation Hospital-Victoria v. Totalwound Treatment Center Inc. and Hyperbaric Oxygen Inc. Breach of contract claim by health care supplier of hyperbaric service to rehabilitation facility after changes in Medicare reimbursement industry.
San Antonio Kidney Disease Center Physicians Group/Hart. Successful arbitration resolution challenging non-compete/non-solicitation covenants in physicians' group employment contracts.
Karopa Inc. d/b/a Caskets Plus v. Service Corporation International, et al. Defense of restraint of trade/anti-trust; defamation and tortuous interference claims asserted by discount retail funeral merchandiser.
Allen v. American General Finance Inc. Financial services case.
J.C. Evans Construction Co. Inc. v. City of San Antonio, Texas. Resolution of construction contract dispute for gas line rehabilitation and extension work and other CPS matters.
Inthasmith v. Sea World Texas Inc. Defense of child death by drowning and post-event medical care.
Duran v. City of San Antonio. Defense of wrongful death case arising from death during installation of transmission lines and prosecution of contractual and statutory indemnity claims. Client's portion of settlement funded by other defendants and substantial portion of defense costs reimbursed to client.
Guevara, et al. v. City Public Service. Defense of wrongful death case arising from an electrocution of decedent upon contact with distribution conductors while harvesting pecans. Case was settled after mock trial.
Murillo, et al. v. City of San Antonio/City Public Service. Defense of gas and electric utility in significant explosion of residence resulting in burns and inhalation injuries. Defense included a mock trial and a three-week jury trial that went to verdict.
Price, et al. v. City of San Antonio/City Public Service. Defense of utility in action arising from gas explosion of a residence resulting in burns and property damage. Case was tried to verdict.
Sanchez, Individually and on Behalf of the Estate of Betty Jean Sanchez, Raul X. Villareal as Guardian of Christine Lisa Sanchez, Fernando Cabello, and Sylvia Estrada v. The City Public Service Board of the City of San Antonio, et al. Defense of a multi party wrongful death action arising from an electrocution of a pedestrian after contact with a TxDOT pull box.
Villasenor, Individually and as Next Friend of Skieler Starr Villasenor, a Minor, et al. v. City of San Antonio by and through City Public Service Board of San Antonio, et al. Defense of gas and electric utility in multi-party wrongful death action arising from collapse of a utility pole after telephone wire was struck by a truck.
City of Laredo v. Jose Gutierrez. Successful appeal of $1 million verdict which was reversed and rendered (Mr. Danysh did not try the cases that resulted in the verdict).
Fey, Guardian of the Person and Est. of Kathleen Hoffman, NCM v. Bexar County Hospital District, Honeywell Inc. and Honeywell Medical Electronics Division a/k/a Electronics for Medicine. Defense of products liability claim arising from a patient in a permanent vegetative state after claimed failure of heart monitor. Defense included a two-day mock trial.
Newton v. Southern Pacific Transportation Co.; Hoffman v. Southern Pacific Transportation Co.; Schultz v. Southern Pacific Transportation Co. Successful defense of FELA claims.
Schauteet v. City of San Antonio. Successful defense of claim arising out of destruction by fire of residence due to an electrical fire.
VIA Metropolitan Transit Authority. Numerous condemnation proceeding for VIA facilities.
Publications and Speeches
"Texas Trial Academy," Texas Fellows of the American College of Trial Lawyers & the Texas Access to Justice Commission of the State Bar, June 2012.
"A False Claims Act Primer," The Advocate, August 2009.
"Anatomy of a Civil Trial: The Good, The Bad & The Ugly: Direct and Cross Examination" San Antonio Bar Association, May, 2006.
J.D., St. Mary's University School of Law, 1974
B.A., Tulane University, 1971
U.S. Courts of Appeals for the 5th and 11th Circuits
U.S. District Court for the Northern, Southern and Western Districts of Texas
State Bar of Texas
American College of Trial Lawyers, Fellow
Advocate in the American Board of Trial Advocates
Master in the William Sessions Chapter of the Inns of Court
St. Mary's Law Alumni Association
San Antonio Bar Association
San Antonio Bar Foundation
Best Lawyers in America, Bet-the-Company Litigation; Commercial Litigation, 2008-2013
Texas Super Lawyers, 2003-2012
Outstanding Lawyer 2012 Award, Litigation, San Antonio Business Journal