Kenneth D. Rhodes
1300 Post Oak Blvd.
Houston, TX 77056
Ken Rhodes is a seasoned trial attorney with over 29 years of experience. His practice focuses on cases involving product liability, premise liability, contractor liability, general negligence, employer liability, business torts, contract disputes, construction defects, employment matters, insurance disputes, toxic torts including asbestos, automobile liability, and trucking liability. Ken works with clients of all sizes, across a wide variety of industries, specifically: international, national, and regional business institutions, insurers, and individuals. He has represented clients in 15 states, including Texas, Arkansas, California, Delaware, Florida, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, New York, Pennsylvania, West Virginia and Wisconsin. Ken serves as National Coordinating Counsel for a product manufacturer and Regional National Trial Counsel for a premise owner-product manufacturer.
Ken has an established reputation with the bar, judiciary, and clients for honesty, integrity, and trial ability. Throughout the years, he has handled many different types of cases with extensive first chair trial experience in cases involving wrongful death, personal injuries, property damages, business interruption losses, product defects, premise liability, contractor liability, contract disputes, and employment matters. Further, he has served as an expert witness in cases involving insurance coverage, settlement issues, and attorney fees.
He was born in Laurel, Mississippi and has resided in Houston, Texas since 1984. Ken and his wife are the proud parents of three sons. He is actively involved in various community, and charitable activities.
- Handled numerous wrongful death cases obtaining favorable results for clients through summary judgments, jury verdicts and settlements. Obtained no liability jury verdicts for product manufacturer-contractor in two wrongful death cases in Hopkins County, Texas. Obtained defense jury verdict for product distributor in Dallas County, Texas. Obtained defense jury verdict for product installer-distributor in two cases in Milam County, Texas. Obtained summary judgments for product manufacturer in two wrongful death cases in Harris County, Texas. Obtained favorable settlements in numerous cases due to proper case development.
- Handled many personal injury cases based on multiple legal theories including negligence, negligence per se, strict liability, intentional tort, conspiracy, breach of warranty and gross negligence. Favorable results for clients have been obtained through motions for summary judgment, jury verdicts and settlements. Obtained favorable jury verdict for product seller-rebrander in nine cases in Milam County, Texas. Obtained summary judgment for product manufacturer in multi-million dollar case pending in Tarrant County, Texas. Obtained favorable settlements in numerous cases due to proper case development.
- Successfully represented product manufacturers, contractors, premise owners and researchers in toxic tort cases pending in multiple jurisdictions throughout the United States based on asbestos related-injuries. Serves as National Coordinating Counsel for product manufacturer and Regional Trial Counsel for premise owner-product manufacturer. Obtained favorable jury verdicts in multiple cases including deceased and living mesothelioma claims, deceased and living cancer claims and non-malignant disease claims. Obtained summary judgments and favorable settlements in multiple cases due to proper case development.
- Represented product manufacturer in breach of contract case pertaining to the construction of a public water intake facility involving a premise owner, general contractor and component part manufacturer.
- Obtained voluntary dismissal of subcontractor in residential foundation defect case.
- Successfully defended employee in a case by former employer asserting claims for breach of non-compete agreement and theft of trade secrets in bench trial in Harris County, Texas.
- Obtained summary judgments for three employers asserting the "exclusive remedy defense" under of the Texas Workers Compensation Act in cases pending in Dallas, Tarrant and Harris Counties, Texas.
- Testified in deposition and trial as a retained expert witness on insurance coverage pertaining to products and non-products coverage in CPR Institute for Dispute Resolution; In the Matter of the Arbitration between ACandS, Inc. and Travelers Casualty and Surety Co. pending in Philadelphia, Pennsylvania. Case involved hundreds of millions of dollars of available non-products coverage.
- Retained attorney fee expert in Cause No. 2008-74658; Multi-District Litigation Docket No. 08-0725; In Re: Deep South Crane & Rigging Company – Crane Collapse Litigation; Cause No. B182-113; Jacqueline Allen, et. al. (Intervenors) v. Deep South Crane & Rigging Investments, LLC, Lyondell Petro Chemical Corporation and Houston Refining LP, et al. (Defendants); In the 60th Judicial District Court of Jefferson County, Texas. Case involved crane collapse resulting in 4 wrongful death and 125 injury personal claims.
- Testified in deposition as a retained expert witness on employer liability and reasonableness of settlements under Texas and Louisiana law in Chicago Bridge & Iron Company v. Certain Underwriters at Lloyd's London & Certain London Market Insurance Companies in the 284th District Court of Montgomery County, Texas; Cause No. 06-12-12485 - CV.
- Testified in desposition as a retained expert witness on contractor liability, reasonableness of settlements, and reasonableness of attorney fees under California, Illinois, and Indiana law in the 284th District Court of Montgomery County, Texas.
- Obtained no liability finding in favor of product manufacturer in Cause No. P109-0036-10-00; USAA Casualty Insurance Company v. Pentair Water Treatment. Case involved property damages due to alleged product failure.
- Obtained no liability finding in favor of product manufacturer in Cause No. P109-00206-11-00: Maryland Casualty v. Pentair Water Treatment. Case involved property and business interruption damages due to alleged product failure.
- Obtained no liability finding in favor of product manufacturer in Cause No. P109-00177-13-00; Chubb Group of Insurance Companies v. Pentair Filtration, Inc. Case involved property damages due to alleged product failure.
- Obtained defense finding due to spoliation of evidence in favor of product manufacturer in Cause No. P109-00308-14-00; Sentinel Insurance v. Pentair Water Treatment consolidated with Hartford Lloyd's Insurance v. Pentair Water Treatment. Cases involved proprietary damages due to alleged product defect.
- Wilsonart, LLC
- Pentair Filtration, Inc.
- Metropolitan Life Insurance Company
- Akzo Nobel Paints, LLC
- International Paper Company
- Fisk Electric Company
- Southern Exchange Company
Professional Activities, Memberships & Affiliations
- State Bar of Texas (Litigation, Consumer, Commercial and Insurance Law Sections)
- State Bar of Illinois
- Defense Research Institute (Trial Tactics Committee, Product Liability Committee and Toxic Torts and Environmental Law Committee)
- Texas Association of Defense Counsel
- Brazos County Bar Association
- Selected by his peers for inclusion in Woodward/White, Inc.'s The Best Lawyers in America in the fields of Personal Injury Defense Litigation, Personal Injury Plaintiffs Litigation, and Product Liability Defense Litigation (2013 – 2019)
- Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly and Law & Politics magazine (2005 – 2018)
- Life Fellow in the Texas Bar Foundation (2004 - 2017)
- Conferred full membership in the National Order of the Lytae (1987)
- Graduated cum laude from South Texas College of Law (1987)