Thaxton v. Norfolk S. Corp.

Jones and Granger, a Texas law firm the firm, appeals from the trial court’s order allocating attorney fees to attorneys Moss and Mathis in this FELA lawsuit filed on behalf of Larry Thaxton against Norfolk Southern Corporation and others.1 Larry Thaxton retained the firm in 1996 to pursue his claim that second hand smoke in the workplace caused him injury. Although the firm’s main office was located in Houston, associate John Moss worked out of the placeCityAtlantaoffice and the case was assigned to him. In February 2000, Moss left the firm and he and the firm entered into a written agreement regarding cases, including the Thaxton case, which had been assigned to him while with the firm and upon which he would continue to work as “of counsel.” Moss eventually brought Charles Mathis into the Thaxton lawsuit as co-counsel.

Larry Thaxton died during the pendency of the lawsuit and his widow Jacqueline Thaxton was substituted as the named plaintiff in her capacity as Larry Thaxton’s personal representative and administratrix of his estate. Thereafter, Jacqueline Thaxton filed for personal bankruptcy.