Overview

Brett Gardner is a Partner in Freeman Mathis & Gary, LLP's Dallas - Downtown office. He is a member of Tort & Catastrophic Loss, Government Law and Insurance Coverage & Extra-Contractual Liability Practice Sections. He focuses his practice on catastrophic personal injury, governmental liability, and insurance coverage disputes.

Mr. Gardner has defended local governments and their officers and employees against federal civil rights claims and related state-law claims. He has also handled numerous claims under the Texas Tort Claims Act involving automobile liability and premises liability matters. He has obtained first-chair trial verdicts and dozens of dispositive motion victories for his governmental entity and employee clients.

In addition to his governmental liability practice, Mr. Gardner regularly defends policyholders and companies in the energy, oil and gas, and construction industries in cases involving wrongful deaths, catastrophic injuries, and multi-million-dollar property damage disputes.

Mr. Gardner also represents insurance carriers in first-party property litigation involving both commercial and personal lines policies. He represents insurers in complex insurance coverage disputes involving bad-faith claims.

Bar Admissions

Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. District Courts for the Eastern, Northern, Southern & Western Districts of Texas

Representative Cases & Clients

  • Obtained a complete defense verdict in Dallas County while serving as first chair in a premises liability matter involving extensive injuries.
  • Received affirmed judgment favorable to clients within 72 hours of oral argument at the United States Court of Appeals for the Fifth Circuit in an appeal of summary judgment involving claims under 42 U.S.C. Section 1983.
  • Obtained dismissal of bad faith claims in a coverage dispute pending in the Southern District of Texas.
  • Obtained summary judgment in favor of insurer in multimillion-dollar coverage claim.
  • First chaired trial on behalf of governmental entity in Palo Pinto County, Texas resulting in favorable verdict.
  • Worked with insurance carrier client to perform substantive revisions of liability policies.
  • Obtained summary judgment in Western District of Texas following evidentiary hearing addressing Plaintiff’s failure to exhaust administrative remedies.
  • Defended client through complete defense verdict in federal civil rights trial in Eastern District of Texas.

Affiliations

  • State Bar of Texas – Insurance and Government Section
  • Dallas Bar Association

Education

J.D. (Dean’s List)
Texas Tech University School of Law

B.A. (summa cum laude)
Texas Tech University