Current Scope of Practice
Kelly M. Crain is a trial lawyer actively engaged in representing clients involved in many areas of litigation including construction defect, products liability, wrongful death, transportation and automobile litigation, personal injury and tort defense, premises liability, first party insurance claims and business litigation.
- North Texas
- East Texas
- Central Texas
- Baylor University, B.B.A. Accounting, 1989, Cum Laude
- Baylor University School of Law, J.D. 1992, Cum Laude, Baylor Law Review
- Kelly has served as lead counsel in successfully trying over 150 hundred lawsuits during the past thirty plus years resulting in favorable results for the client.
- Decisions of Special Litigation Committees: Solving the problem of control under Texas law. 44 Baylor Law Review 171 (Winter, 1992). Law Review article critically analyzing the four jurisdictions which have addressed the judicial deference to be given to decisions of corporate board of director committees formed to continue or terminate shareholder derivative litigation and projecting the position of the Supreme Court of Texas based upon prior Texas law.
Honors and Awards
- Rated AV® Preeminent by Martindale-Hubbell
- Named to Legal Leaders Texas' Top Rated Lawyers list by LexisNexis Martindale-Hubbell for excellence in construction law, consumer law, and general practice.
- Selected for inclusion in Texas Super Lawyers by peers for 2005 - 2023, an honor bestowed on less than 5% of the practicing attorneys in the State of Texas.
- Selected for inclusion in the 2013 through 2023 Super Lawyers Business Edition (International)
- Selected as one of the "Best Lawyers in Dallas" for 2015 through 2020 by D Magazine (Tort: Personal Injury, Product & Medical Liability Litigation - Defense)
Representative Litigation Matters
- Inadequate security case at local restaurant.
- Numerous construction defect cases representing developers, general contractors, and subcontractors in various trades.
- Wrongful death case involving accident on I-35 mix-master.
- Wrongful death case involving fall from ten story building in Dallas.
- Defending contractor in fire case following installation of local school gymnasium floor and electrical fans.
- Defending numerous insurance companies in UM, UIM, bad faith, appraisal clause disputes, and other first party cases.
- Defending Central Texas resort in wrongful death case with allegations of premises liability.
- Arbitration proceedings involving construction disputes and construction defect litigation.
- High-profile litigation including numerous state and federal wrongful death and personal injury lawsuits filed as a result of the Texas A&M University 1999 Bonfire collapse.
- Achieved favorable settlement for window manufacturer in construction defect lawsuit involving multiple parties in Austin, Texas.
- Successfully defended gas lantern manufacturer in products liability case arising out of residential fire and alleged damages in excess of two million dollars.
- Favorably resolved wrongful death case involving drowing death of a twenty-one year-old girl at East Texas lake; case settled after jury selection.
- Tried pedestrian/commercial vehicle wrongful death case to verdict in Dallas County; Jury returned a defense verdict on liability.
- Tried slander/defamation case in Dallas County; defense verdict on liability.
- Tried Texas Water Code and negligence case involving surface water and drainage dispute between two neighbors in Tarrant County; defense verdict for client on liability.
- Tried case in Dallas County involving personal injuries caused by a fire on a ranch property in South Dallas; defense verdict for client on liability.
- Tried under-insured motorist personal injury case in Tarrant County; verdict on damages did not exceed credit for settlement by tort-feasor's carrier; result was no damages owed by client.
- Tried under-insured motorist personal injury case in Dallas County; verdict on damages did not exceed credit for settlement by tort-feasor's carrier; results was no damages owed by client.
- Texas Farm Bureau Insurance Companies
- Safeco Property and Casualty Insurance Companies
- Liberty Mutual Group of Companies
- First Mercury Insurance Company
- GEICO Insurance Company
- Chubb and Sons
- Crum and Forster Group