Chuck Shiver

Direct: 512.329.1012
Email: Chuck@TexasDefense.com
Firm: 512.329.3290
Fax: 888.255.0132

General

Mr. Shiver’s primary area of practice is personal injury defense, with a concentration on transportation defense, premises liability, products liability, and general liability matters.

Representative engagements include:

  • Handled numerous on-scene emergency response cases by leading the investigation of catastrophic trucking and LP Gas accidents involving cases with up to six fatalities. Directed investigation on-scene. Hired experts and investigators and assigned their tasks. Facilitated investigation by, and defense of insured from, law enforcement.
  • Handled numerous LP Gas cases for nationwide insurer in Texas and Oklahoma.
  • Handled numerous premises liability suits for nationwide grocery chain in Texas and Oklahoma.
  • Selected in 2018 by major trucking company to review companywide safety procedures and recommend changes to address DOT compliance issues.
  • As part of defense of fatality trucking accident, sued TxDOT based on defective roadway condition in a county outside the mandatory venue provision that applied to TxDOT. The trial court’s granting of TxDOT’s Motion to Dismiss was reversed on appeal in 2018.
  • Successfully used Texas Estates Code §34.001(a) for the statutory Probate Court of Tarrant County to take jurisdiction over a fatality trucking lawsuit pending in a very adverse district court in another county in Central Texas. Case was tried in September 2018 resulting in a defense verdict.
  • Obtained a jury verdict of no negligence on the insured gasoline tanker truck driver and company in a multi-vehicle motor accident case that resulted in disabling injuries to the Plaintiff. Also, recovered significant taxable court costs from Plaintiff.
  • Obtained a defense verdict in a jury trial involving a multi-vehicle fatality accident against the insured trucking company and driver based on claims of negligence.
  • Obtained a defense verdict in a jury trial involving a fatality motor vehicle accident against the insured trucking company based upon claims of negligent maintenance.
  • Obtained defense verdict in federal court jury trial involving a fatal motor vehicle accident against an insured trucking company and driver based upon claims of negligence and gross negligence.
  • Obtained favorable verdict in a three-week jury trial involving a fatality residential LP Gas explosion case, against the insured LP Gas company based upon claims of negligence and gross negligence.
  • Obtained summary judgment in a tractor-trailer accident case filed in Bosque County, which terminated the entire case against the clients.
  • As a result of evidence developed in extensive investigation of a fatality commercial motor vehicle accident, persuaded Plaintiff’s counsel to dismiss federal suit against insured trucking company and driver, which sought recovery for wrongful death and survival damages.
  • Obtained multi-million dollar settlement for Plaintiffs in a fatality commercial motor vehicle accident case by asserting a successful claim of broker liability.
  • Obtained settlement of almost 100% from Defendants in property damage and worker’s compensation subrogation claims resulting from a serious trucking accident. These Defendants subsequently obtained a defense verdict against the remaining individual Plaintiff at trial.
  • Obtained summary judgment on all of Plaintiff’s claims in a premises liability case based on allegations of negligent repair.
  • Obtained nonsuit of all claims (wrongful death and survival) against insured landowner in fatality go-cart rollover accident following filing of Motion for Summary Judgment based on Recreational Use Statute.

Employment

Mr. Shiver began his legal career as a criminal prosecutor, where he tried many cases to the bench and to the jury.  In 1999 he transitioned to an insurance defense practice, where he concentrated in catastrophic commercial litigation cases.  He worked for several prominent law firms before joining Castagna Scott LLP in 2020. Those firms included Chamblee & Ryan, P.C.; Hermes, Sargent, Bates L.L.P.; Sargent Law, P.C.; and Thompson Coe Cousins & Irons, L.L.P.

Education

Mr. Shiver received his J.D. from the South Texas College of Law, in 1994.

Bar admissions and activities

Mr. Shiver was admitted to the State Bar of Texas in 1995.  He is also admitted to the United States District Court in the Northern, Southern, Eastern and Western Districts of Texas.

He is a member of the Dallas Bar Association; Claims and Litigation Management (CLM) Premium Member; and the Propane Gas Defense Association.

Mr. Shiver has handled over 300 commercial trucking cases.  He has handled numerous on-scene emergency response investigations, hiring and overseeing experts and investigators, and interfacing with law enforcement.

His publications and presentations include:

  • Presenter, “Litigation Venue Issues”; National Transportation & Construction Seminar; Fayetteville, Arkansas, June 6, 2012; and Chicago, Illinois, June 28, 2012.
  • Co-Author and Co-Presenter, (Tx Dept. of Insurance approved Adjuster CE Program) “Liability & Coverage Issues in Trucking Cases.”
  • Author & Presenter, (Tx Dept. of Insurance approved Adjuster CE Program) “Claims Handling and the Emergency Response Case.”
  • Author, “Negligence Per Se – The Absolute Versus Conditional Duty Doctrine.”
  • Author, “The Discoverability of Consulting Only Experts with Fact Knowledge.”
  • Author, “Admissibility of Police Accident Reports.”

Personal

Mr. Shiver is an avid reader and history buff, and an is an expert on all matters involving WWII.