Kelly Greenwood Prather, Partner
kgreenwood@midtownlegal.com
During Ms. Prather's fourteen years of practice she has tried more than thirty cases in the area of personal injury and business torts. In addition, she has worked beyond the trial court level by handling numerous appellate matters. One case of distinction is now a permanent part of Texas insurance law: Frazer v. Straznicky and Texas Farm Bureau, 4 S.W.3d 819 (Tex.App.Houston [1st Dist.] 1999). In addition, Ms. Prather has the distinction of obtaining one of the few jury verdicts in Texas for actual damages as well as punitive damages for an oppressed shareholder. In fact, Ms. Greenwood recovered punitive damage awards in nearly all of her commercial jury trials. Ms. Greenwood's trial and appellate work represents only a portion of the hundreds of cases she has settled without the necessity of trial.
Kelly Greenwood Prather, J.D. is an attorney licensed to practice law in the State of Texas. She specializes in personal injury, dental and medical malpractice, bad faith insurance practices, consumer law and business torts. Ms. Prather received her law degree from the University of Houston in 1996. She received a Bachelor of Arts degree from the University of Texas in 1993.
Ms. Prather is a graduate of the Trial Lawyers College, a trial program designed and taught by Gerry Spence. Only fifty attorneys in the nation are admitted to the month long college. Ms. Prather has attended several graduate courses for the Trial Lawyers College.
Ms. Prather is admitted to the United States District Court for the Southern and Western Districts of Texas. She is also admitted to practice before the Fifth Circuit Court of Appeals. Ms. Prather was a member of the national moot court team while attending law school at the University of Houston. She reached the semi-finals of the American Bar Association national moot court competition.
Ms. Prather began her legal career as a law clerk for The John O'Quinn Law Firm in 1994. After clerking for two years she continued on with the law firm as an attorney. As a law clerk and an attorney for The John O'Quinn Law Firm, Ms. Prather worked on matters involving, among other things, environmental toxic torts, pharmaceutical products, pipeline explosions, accounting malpractice and securities fraud. Ms. Prather worked extensively in locating and working with expert witnesses in developing the liability evidence in complex pharmaceutical products and pipeline explosion cases. In 1997, Ms. Prather left The John O'Quinn Law Firm to join Michael C. Engelhart in his solo practice. Ms. Prather became a partner of Engelhart & Greenwood, L.L.P. in 1997. Ms. Prather started The Greenwood Prather Law Firm in 2009 when Mr. Engelhart was elected judge of the 151st Judicial District Court of Harris County, Texas.
Williams v. Faulk, is one of her notable case in the speciality of business torts. Ms. Prather represented Gene Williams, a one-third shareholder in a beauty salon grossing a million dollar in sales in its second year of business. The two other co-owners fired and locked Ms. Williams out of the salon. The jury awarded Ms. Williams all of the actual damages she sought as well as punitive damages. This is one of only a few shareholder oppression cases in Texas that a jury has awarded punitive damages.
In 2006, Ms. Prather represented a subcontractor against a general contractor for claims of breach of contract, quantum meruit, violation of the prompt payment statute and misapplication of trust fund statute. Ms. Prather won jury findings in her client’s favor on all claims for affirmative relief. She successfully defended against all of the counterclaims. What started out as a thirty thousand dollar dispute, at the end of a week long trial the trial court entered a judgment for Ms. Prather’s client to receive $167,117 for actual damages, pre-judgment interest at 18%, and attorneys fees. After the judgment survived appellate challenges by the opposing party, the client made a successful recovery through a confidential settlement.
Shortly after graduating from law school, Ms. Prather represented a consumer in a dispute arising out of the purchase of a flower shop. The seller of the flower shop sued Ms. Prather’s client for failing to pay the complete purchase price of the flower shop. Her client asserted counter-claims for misrepresentations. After a one week trial, the jury awarded money and a judgment was entered in favor of Ms. Prather’s client for actual damages, attorneys fees and punitive damages. The jury determined that the seller should take nothing. Ms. Prather successfully defended and collected the judgment after a lengthy appeal process.
Ms. Prather is married to Mike Prather, an attorney. They have one child, Parker, and three dogs: Johnny Cash, a Labrador retriever, and Ella and Heidi, miniature dachshunds. She also enjoys travel, exercise and old country music.
PUBLISHED APPELLATE CASES:
Frazer v. Wallis, 979 S.W.2d 782 (Tex.App.Houston [14th Dist.] 1998); and
Frazer v. Straznicky and Texas Farm Bureau, 4 S.W.3d 819 (Tex.App.Houston [1st Dist.] 1999).
Morris v. Umberson, S.W.3d , 2009 WL 3672915; (Tex. App.-- 1st. Dist.) November 5, 2009. pet denied.
TRIAL CASES
Cause No. 743068 ; In the County Court at Law No. 1 of Harris County, Texas; Aminta Peter v. Patricia Wells Duffey. jury trial
Cause No. 1999-37797; In the 189th Judicial District Court of Harris County, Texas; Shawn Kitchen, et al. v. The Kroger Co, et al. jury trial
Cause No. 19496; In the County Court at Law No. Two (2) of Fort Bend County Clerk County, Texas; Robert and Wendy Sawyer v. Mark Abernathy, et al. bench trial
Cause No. 754,762; In the County Court at Law No. 1 of Harris County, Texas; Houston Foodco, Inc. v. Computerized Register Corporation, Inc. bench trial
Cause No. 761,985; In the County Court at Law No. 1 of Harris County, Texas; Virgel Mali f/k/a Virgel Owens v. Nerv C. Thomas, et al. bench trial
Cause No. 773735; In the County Court at Law No. 2 of Harris County, Texas; Maria Portillo v. Max Spero. jury trial
Cause No. 2000-61967; In the 333rd Judicial District Court of Harris County, Texas; Gene Williams v. Traci Faulk, et al. jury trial
Cause No. 15487; In the County Court at Law No. One (1) of Fort Bend County, Texas; Rachelle White and Tiffany Smith v. Montayis Knotts. jury trial
Cause No. 96-38805; In the 129th Judicial District Court of Harris County, Texas; Arthur M. Smith v. Hector Soto and K-Mac Vacuum Truck Service, Inc. jury trial
Cause No. 98-57209; In the 129th Judicial District of District Court of Harris County, Texas; Donald Ray Dugar v. Otis Elevator Company. jury trial
Cause No. 2001-60977; In the 80th Judicial District Court of Harris County, Texas; Satish Agrawal and Laliya Agrawal v. Ray Smith Constructions, Inc., et al. jury trial
Cause No. G-99-176; Theresa Touchet v. Wal-Mart Stores, Inc.; United States District Court, Southern District of Texas, Galveston Division. jury trial
Cause No. 98-7260; Styled as Patrick L. Harris v. Sylan Chang, In the 280th Judicial District Court of Harris County, Texas jury trial
Cause No. 685, 801; Dora Garza et al v. Alicia Bradford, et al. ; In the County Civil Court at Law No. 2 of Harris County, Texas. jury trial
Cause No. 704, 269; In the County Court at Law No. Two (2) of Harris County, Texas; Don Dotson v. Lynn Stone. jury trial
Cause Number 680,906; Styled as Noe Flores v. Wanda Hadley and John Bench; In the County Civil Court at Law No. (1) of Harris County, Texas. jury trial
Cause No. 701,877; In the County Court at Law No. Four (4) of Harris County, Texas; John Morales and Elizabeth Vasquez v. City of Pasadena. bench trial
Cause No.1999-15278; In the 113th Judicial District Court of Harris County, Texas; Celeste San Jose v. Marianne Talbot, et al. jury trial
Cause No. 1999-24738; In the 281st Judicial District Court, Harris County, Texas; Trinidad Romero, et al. v. Victor Montellano, Jr., et al. jury trial
Cause No. 11,553; In 335th Judicial District of Lee County, Texas; Thomas E. Stallworth v. Michael McCrae. jury trial
Cause No. 825,594; In the County Court at Law No. 2 of Harris County, Texas; Americon Services Company, Inc. v. Arco Construction Company, Inc. jury trial
Cause No. 796,842; In the County Court at Law No. 1 of Harris County, Texas; Texas Home Remodeling v. John and Angela Gibson. bench trial
NASD Dispute Resolution Arbitration Number 03-02871; Wallace Tilley and J&J Family Partnership Ltd. v. UBS PaineWebber, Inc. and Mark Knodel arbitration
Cause No. 758,836; In the County Court at Law No. 1 of Harris County, Texas; Sheila Hill v. Lalania Crittendon. jury trial
Cause No. 692;825; In the County Court at Law No. 2 of Harris County, Texas; Chan v. Mohamed. bench trial
Cause No. 2006-46385; In the 133rd Judicial District Court of Harris County, Texas; Christian Brothers Financing v. Campbell, et al. jury trial
Cause No. 98-H-0001; In the 23rd Judicial District Court of Matagorda County, Texas; Farley v. Allen. jury trial
Cause No. 815,513; In the County Civil Court at Law No. 1; Avis Rent-a-Car, Inc. v. Simon. bench trial
Cause No. 828,967; In the County Civil Court at Law No. 2 of Harris County, Texas; Thomas Rico, et al. v. Roberto Hernandez. jury trial
Cause No. 2004-52036; In the 133rd Judicial District Court of Harris County, Texas; Jingping Xu v. Marvin Herrera. jury trial
Cause No. 2007-04870; In the 333rd Judicial District Court of Harris County, Texas; Sammy Younis, Sara Garcia, and Reem Al-Hellou v. Hassan Siddiqui Zahid. jury trial
Cause No. 40516; In the 412th Judicial District Court of Brazoria County, Texas; Mejia v. Zachry Construction. jury trial.
APPELLATE CASES (Unpublished):
Harris v. Chang, 2002 WL 24381, No Publication, (Tex. App. -- 1st District) Jan. 10, 2002
Bowie v. Footlocker, 2001 WL 1246970, No Publication, (Tex. App. -- 14th District) October 18, 2001
Callis v. Centeramerica Property Trust, L.P., 2001 WL 395408, No Publication, (Tex. App. -- 14th District) April 19, 2001
Shah v. Great States Insurance Company, Court of Appeals No. 11-00-00081-CV; In the Eleventh Court of Appeals;
Crape v. Brazoria County, 71 Fed. Appx. 440, 2003 WL 21417473 C.A.5 (Tex.) June 3, 2003
James v. Progressive County Mutual Insurance Company; Not Reported in S.W.3d, 2009 WL 15628691; First Court of Appeals - Houston; June 4, 2009
Avis Rent-a-Car v. Simon, Not Reported in S.W. 3d, 2008 WL 2209207; First Court of Appeals - Houston; May 29, 2008
Areas of Practice:
Personal Injury
Bad Faith Insurance Practices
Consumer Law
Construction Law
Business Torts
Professional, Medical and Dental Malpractice
Collections
Shareholder Oppression
Bar Admissions:
Texas, 1996
U.S. District Court Southern District of Texas, 1998
Education:
University of Houston Law Center, Houston, Texas, 1996
J.D.
Honors: National Moot Court Team Member
Honors: American Bar Association National Moot Court Competition Semi-Finalist
University of Texas, Austin, TX, 1993 B.A.
Professional Associations and Memberships:
Gerry Spence’s Trial Lawyers College
State Bar of Texas
Texas Trial Lawyers Association
American Trial Lawyers Associates
Instructor for Deposition Program
A.A. White Chapter of the American Inns of Court
Past Employment Positions:
The John O'Quinn Law Firm
Engelhart & Greenwood, L.L.P.
Birth Information:
December 16, 1970, Houston, Texas, United States of America
