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Texas Supreme Court Denies Former A&E "Flip This House" Star Armando Montelongo's Petition for Review.
On January 27, 2023, the Texas Supreme Court denied once reality TV star, Armando Montelongo, Jr.'s, and his companies', Real Estate Training International, LLC, Performance Advantage Group, Inc., and License Branding, LLC (the "Montelongo Defendants") Petition for Review. The Montelongo Defendants' Petition for Review sought to dismiss several of the Plaintiffs' fraud related claims. Had it been successful, it would have prevented the Plaintiffs from pursing claims at the core of this dispute. The case is Armando Montelongo, Jr., Real Estate Training International, LLC, Performance Advantage Group, Inc., and License Branding, LLC V. Cecil G. Abrea, et al.; from Bexar County; 4th Court Of Appeals District (04-19-00301-Cv, _ S.W.3d _, 06-15-22).
Since the Trial Court denied the Montelongo Defendants' Motion to Dismiss in 2019, the Montelongo Defendants have repeatedly attempted on appeal to set aside the Trial court's ruling. With today's ruling from the Texas Supreme Court, the Montelongo Defendants' appeal has failed. Attorney Jon Powell, Local Counsel for the Plaintiffs, said, "The decision will likely allow the case to be sent back to the trial court where the parties can agree on an answer deadline for all outstanding discovery. This is an important ruling because, the answers to the discovery will give the Plaintiffs an opportunity to uncover critical evidence to meet the elements of their various causes of action."
Prior to the Trial Court's order, in March 2019, the Plaintiffs served interrogatories, requests for production of documents and requests for admission on the Montelongo Defendants. This discovery has not yet been answered because of the appeal.
Currently, the Montelongo Defendants have not produced any documents related to their internal practices and procedures, nor have they answered questions about how they market their services to students and conduct real estate training.
Attorney John "Mickey" Johnson, told the San Antonio Express News that the claims of fraud by former students are at the "core of the dispute" with Montelongo, and it would have been "a harder road ahead" for them had he prevailed in getting them dismissed." Discovery in the state District Court litigation will resume in a couple of months and allow for the gathering of evidence. "Then we can actually find out what they were doing on the inside," Johnson said. "That's the biggest impact that this ruling is going to have, is that we'll be able to do our discovery now."
If you of someone you know has been injured because of the wrongdoing of someone else, contact the Powell Law Firm today for a free consultation. Established in 2002, The Powell Law Firm specializes in personal injury cases. The Powell Law Firm, Big Enough to Fight; Small Enough to Care.
Bevo Lawsuit
Lawsuit includes allegations that Defendants intentionally exposed Bevo to the University of Georgia Mascot UGA the bulldog knowing it would spook Bevo.
On October 16, 2020, The Powell Law Firm filed a lawsuit in the 200th Judicial District court of Travis County Texas on behalf of Nicholas Wagner against Silver Spurs Alumni Association, John Baker and Betty Baker for negligence, gross negligence, negligent training and supervision, and negligent entrustment. The Petition in the lawsuit alleges, among other things, that the defendants' intentionally exposed Bevo to the University of Georgia Mascot UGA the bulldog knowing it would spook Bevo leading to Mr. Wagner suffering serious personal injuries.
Plaintiff, Nicolas Wagner attended the January 1, 2019 Sugar Bowl football game in New Orleans, Louisiana as a photojournalist for the Austin Statesmen Newspaper and was on the football field taking pictures of the University of Georgia mascot bulldog when he was attacked by Bevo. Prior to the incident, the Silver Spurs Alumni Association handlers untied Bevo's lead ropes and began to provoke him in attempt to get Bevo riled up and to turn around towards the UGA mascot. Plaintiff was taking pictures when Bevo charged through the railing towards the UGA mascot injuring Mr. Wagner in the process. Mr. Wagner experienced and continues to suffer from detrimental injuries that include, but are not limited to, excruciating neck and back pain which permanently impair Wagner's abilities. This incident is a result of gross negligence on behalf of all defendants and caretakers. Defendants John and Betty Baker negligently trained and supervised their employees and agents, and knew defendants were uncapable to handle Bevo XV.
The lawsuit has garnered a great amount of media attention. USA today noted that most Texas players believed that Bevo's pregame charge set the tone for the Longhorns' 28-21 win over the sixth-ranked Bulldogs. Unfortunately for Mr. Wagner, Bevo's pregame charge also caused permanent injuries to his neck and back. The lawsuit has been covered by ESPN, Bleacher Report, Washington Post, Associated Press, CBS Austin, Fox 7 Austin, Austin American Statesman, KENS 5 San Antonio and many other media outlets.
Attorney Jon Powell, Lead Counsel for the Plaintiff, told the Austin American Statesman, "There's no doubt that you don't want to have BEVO run into your back. He was just trying to do his job as a photographer, and it's up to the handlers to make sure he doesn't get out of control. Luckily, he didn't get mauled or anything like that, but he did suffer a tough injury. No one willingly wants to get rammed by a 2500 lbs. steer longhorn, it really is an unfortunate matter but one we'll come to the best possible conclusion for our client."
The Silver Spurs Alumni Association carries a liability insurance policy with Cincinnati Insurance, but Mr. Wagner's claims for medical bills have been met with "radio silence," Powell said.
The Powell Law Firm is seeking monetary damages for the past and future damages suffered by Mr. Wagner. In addition to monetary relief, Attorney Mickey Johnson, Co-counsel for the Plaintiff explained, "Lawsuits are a tool that can accomplish a lot of good things. In the Bevo case, we are hopeful that we can make the game day experience safer for players, fans and members of the media. It is not uncommon to seek a change in a defendant's policies when something like this happens. I think this case is a prime example of a needed change to increase the safety procedures regarding how Bevo and other live animal mascots are handled during games."
If you of someone you know has been injured because of the wrongdoing of someone else, contact the Powell Law Firm today for a free consultation. Established in 2002, The Powell Law Firm specializes in personal injury cases. The Powell Law Firm, Big Enough to Fight; Small Enough to Care.
Photographer Sues Handlers Texas Longhorns Mascot Pre Sugar Bowl Charge
Texas Mascot Bevo XVS Handlers Sued Sugar Bowl Pregame Incident
Photographer Sues Over Texas Mascots Pre Sugar Bowl Charge
