David Wenholz

Mr. Wenholz has been practicing law for over 30 years. He decided to open his firm to concentrate on helping ordinary people and small businesses understand their rights and solve their legal problems. Being the first lawyer on either side of his extended family, Mr. Wenholz knows firsthand how folks feel about lawyers and their perceptions of our justice system. This background has shaped how advice and counsel are given at the firm – straightforward, practical, and respectful. Mr. Wenholz firmly believes that the lawyer and client should be a team, with the lawyer clearly understanding his role to be honest and professional and to fully inform the client so the client can make sound decisions about his or her case.

Mr. Wenholz and his family are fully entrenched in the Austin way of life. He is also an animal lover, the proud owner of dogs, cats, and horses. Mr. Wenholz is also a Board member of the American Red Cross-Central Texas Chapter.

Settlements/Cases:

• Membreno vs. City of Austin d/b/a Austin Energy, et al., Travis County, Texas, June 2019 – $9,360,000.00 jury verdict.
• Padron et al. vs. The Texas Department of Transportation, Travis County, Texas, November 2018 – $5,232,994.00 jury verdict (No. 1 Government Negligence Verdict in the State of Texas in 2018).  This case was appealed all the way to the Texas Supreme Court, which ruled in favor of the Plaintiffs.
• Dishman et al. vs. MLAW Consultants & Engineers, Travis County, Texas, October 2018 – $589,422.00 jury verdict.
• Johnson v. CertainTeed Corporation: This mass tort settlement involved over 100 homeowners in and around Austin who purchased Centex Homes roofed with a CertainTeed 3 tab, 20-year shingle.
• Weinberg v. Farmers: Represented a homeowner in a first-party insurance case who happened to be an attorney for Farmers after Farmers wrongfully denied his mold claim.
• Green v. David Weekly Homes: Represented a homeowner against her builder for a defective construction case involving foundation, water, and mold damage.
• Hurricane Ike “Slab ” Claims v. T. W.I.A.: Mr. Wenholz was on the Plaintiffs’ Steering Committee that settled over 2,700 cases totaling approximately $189,000,000.00 for homeowners whose dwellings were destroyed by Hurricane Ike. Mr. Wenholz personally settled 50 slab claims and dozens of non-slab Hurricane Ike cases.
• Montrose Townhomes v. Finestone – Represented condo owners in Houston with defective construction/product liability claims stemming from water and mold damage caused by faulty EFIS installation against EFIS manufacturer and builder.
• Hurricane Rita – settled over 75 hurricane damage first-party insurance bad faith cases for homeowners in Beaumont, Port Arthur, Silsbee, and Orange, Texas.
• Hurricane Dolly – settled over 60 hurricane damage homeowner first-party insurance bad faith cases in San Benito, Harlingen, Brownsville, McAllen, and Weslaco, Texas.
• William and Marie Fox v. Jeld-Wen, Inc. settled a homeowner’s dispute regarding water damage and mold against the window manufacturer, builder, subcontractors, and prior owner, alleging defective installation, defective windows, improper stucco application, and real estate fraud.
• Bastrop Wildfire Litigation—Mr. Wenholz represents approximately 30 clients who lost their homes in the 2011 Labor Day wildfire. He currently serves as the Plaintiff’s Liaison Counsel, reporting to the Court.
• BP Benzene Toxic Tort Litigation – Currently represents approximately 600 residents of the Texas City area in over 10 cases pending in Galveston County against BP for a 40-day toxic release during April/May 2010.
• Judith Williams v. Balboa Insurance, Cunningham Lindsey, and Steam Team settled claims against the insurance company and its representatives for bad faith, wrongful policy cancellation, forced insurance placement, personal injuries due to water damage, and mold contamination of the house.

Insurance Companies

Our firm has sued and/or settled cases with Zurich, Farmers, State Farm, Allstate, Mercury, GIECO, Lloyds of London, Nationwide, National Lloyds, Certain Underwriters, CNA, Chubb, Travelers, Progressive, Liberty Mutual, Germania, Hochheim Prairie, Capitol County, Cypress Texas Lloyds, Texas Windstorm Insurance Association, USAA, Fred Loya, Hartford, Markel.

Trial Experience

Over 25 cases have been tried for a jury verdict since 1996. Obtained largest civil jury verdict at the time in San Jacinto County, Texas, in 2003 Huling v. Alaniz, et al.. A trial team member in the largest construction case in Calhoun County in the late 1990s – Kajima v. Formosa Plastics, USA, et al. (case settled for over $50 million).

Areas of Practice

• Serious Personal Injury
• Automotive Defects
• Wrongful Death
• Wildfire Litigation
• Engineering Malpractice
• Construction Defects
• Commercial Construction Litigation
• Business Torts / Partnership Disputes
• Trade Secret Litigation

Bar Admissions

• Texas, 1990
• U.S. District Court Northern District of Texas
• U.S. District Court Western District of Texas
• U.S. District Court Southern District of Texas
• U.S. District Court Eastern District of Texas
• U.S. District Court for the District of Colorado

Education

Southern Methodist University School of Law, Dallas, Texas
J.D. – 1990
Texas A & M University, College Station, Texas
B.B.A. – 1987
Major: Finance

Representative Cases

• Stone v. Sulak, 994 S. W.2d 348 (Tex. App. 1999)
• Great American Ins. Co. v. North Austin M.U.D. No. 1, 908 S.W.2d 415 (Texas 1995)
• Nutmeg Ins. Co. v. Pro-Line Corp. and 1KB Industries, Ltd., 836 F. Supp. 385 (N.D.Tex. 1993)

Classes/Seminars

• Speaker, Proving/Defending Liability for Sick Building Syndrome, Advanced Expert Witness Course III, Texas State Bar, November 22, 2002
• Speaker, Mold Issues: Homeowners and Commercial Coverage Issues, Claims and Defenses, Advanced Insurance Seminar, Univ. of Houston Law Foundation, 2/02
• Speaker, Important Federal and State Trucking Regulations, Prosecuting or Defending a Trucking or Auto Accident Case, State Bar of Texas, 4/04
• Speaker, Insurance Fraud: What is it? What can you do about it? And how does it impact civil litigation, 12* Annual Insurance Law Institute, 10/07

Past Employment Positions

• Partner, Wenholz | Dow, P.C.,
• Bressi & Wenholz, L.L.P.
• Reyes & Associates, P.C.
• Quilling, Selander, Cummisky & Lownds, P.C.
• Godwin, Carlton & Maxwell, P.C.
• Pro Bono Activities
• Vice Chair, TYLA Aspiring Youth Program (1996 ABA 1st Place -Public Service Program).

Honors and Awards

• Life Fellow, Texas Bar Foundation, 2010 – 2011
• Professional Associations and Memberships
• Texas Bar Association
• Texas Trial Lawyers Association (TTLA)
• American Association for Justice (AAJ)
• Capital Area Trial Lawyers Association (CATLA)
• Austin Bar Association, Member
• Bastrop County Bar Association
• American Bar Association, Member
• The College of the State Bar of Texas, 1997
• National Institute for Trial Advocacy Diploma, 1995