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David J. Plavnicky
C. Scott Kinzel
Chester J. Makowski
Suzanne E. Sharpless
Mary A. Wolter
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C. Scott Kinzel

Partner
  

kinzel@pkmtexas.com         
 
713.658.1111      (Tel.)
832.928.7768      (Cell)
713.658.8253
      (Fax)

 

C. Scott Kinzel received his B.S. (summa cum laude) from Texas A&M University at Galveston in 1984, and his J.D. (with honors) from the University of Texas School of Law in 1987, where he was Executive Editor of the Texas International Law Journal. Scott focuses on a jury trial practice involving high exposure cases arising in a variety of industries, including the oilpatch, construction, transportation, and maritime. 
Scott also handles commercial litigation for plaintiffs and defendants and wide-ranging product liability cases.  He has handled professional liability and malpractice claims involving attorneys, accountants, architects and engineers, and regularly serves as an expert witness on attorneys' fees.  

Scott was lead trial counsel in the following representative jury trials:

  
  • Offshore Decommissioning and P&A work -- obtained defense jury verdict for tug companies accused of civil conspiracy and breaches of fiduciary duty involving decommissioning and P&A work offshore Louisiana (Harris County) 

  • Pipeline Cleaning Contract -- obtained defense jury verdict on pipeline owner's $86 million claim for breach of contract and fraudulent inducement against major oilfield services company (5 week trial in Harris County)

  • Gas Plant Death/Burn Injuries -- defended gas plant owner/operator and demolition contractor in casualty involving multiple burn injuries including one fatality (5 week trial in Harris County)

  • Refinery/Pipeline Valve Failure -- defended pipeline valve supplier against breach of contract and warranty claims involving $18 million in property damages and business interruption sought by major chemical company (Harris County)

  • New Home Construction -- obtained defense jury verdict on home buyer's claims for specific performance and damages; obtained jury verdict for lost profits and expenses plus interest and attorneys' fees on the client builder's counterclaim (Bell County)

  • Insurance Coverage/Advertising Injury -- defended major surplus lines insurer in $100 million insurance coverage and statutory bad faith litigation involving an underlying patent litigation (5 week trial in Harris County)

  • Trademark Infringement/Wrongful Seizure -- obtained defense jury verdict on multi-million dollar trademark infringement suit and claims under the Lanham Act involving construction scaffolding; obtained jury verdict for $1.2 million including punitive damages and attorneys fees on client's counterclaim for wrongful seizure and bad faith wrongful seizure (Southern District of Texas)

  • Manufacturer's Liability -- defended chemical product manufacturer against contract and warranty claims made by owners/operator of a severely damaged biotech research facility (Montgomery County)

  • Trucking Accident/Traumatic Brain Injury -- defended truck company and driver in suit involving seriously injured pedestrian injured in highway accident  (Parker County)
  • Commercial Litigation -- obtained defense jury verdict in multimillion dollar suit of former business partner seeking share of profits in oilfield fabrication company; obtained jury verdict on client's affirmative suit for damages (Harris County)

Scott's handling of  cases for commercial plaintiffs and for subrogated insurors has included recoveries involving:

  • Railroad Overcharges (millions recovered for major chemical company against Class 1 railroad under most favored nations clause in contract)

  • Oil Spill Cleanup Expenses (millions recovered for tanker owner and subrogated carrier against responsible third parties)

  • Oilfield Contracts (millions recovered based on pipeline contractor's  unpaid invoices (Harris County)
  • Charter Party Breaches (arbitration award (HMAA) against chemical parcel charterer based on breach of the safe berth clause)
  • Contamination of Bulk Liquids (recovery for major chemical company against inspection company and vessel owner)
  • Oilpatch Accidents (recovery for subrogated carrier based on total loss of wireline truck) 
  • Dredging Contracts (recovery of lost profits for damage to dredge and loss of use)

 Recent Articles

Bar and Court Admissions
  • Texas, 1993

  • California, 1987 (inactive)

  • All Federal District Courts in Texas; U.S. District Court, Northern District of California

  • U.S. Court of Appeals, Fifth Circuit

  • U.S. Court of Appeals, Ninth Circuit

  • U.S. Court of International Trade

Education 
 

  • University of Texas School of Law, J.D., with honors, 1987

  • Texas International Law Journal, Member 1985-1986; Executive Editor, 1986-1987

  • Dean's Achievement Award, Contract Negotiation/Drafting, Spring 1987

  • Texas A&M University at Galveston, B.S., summa cum laude, 1984 (Maritime Administration); graduated 1st in class 

Memberships
  • State Bar of Texas

  • State Bar of California

  • Maritime Law Association of the United States, Proctor Member

  • Southeastern Admiralty Law Institute, Editorial Board 1994-1998; Houston Port Director 1998-1999

Noteworthy

  • Received Martindale-Hubbell’s highest AV® Preeminent Rating™

  • Received cub scouting's Arrow of Light Award  
Contact Information:

kinzel@pkmtexas.com

713.658.1111      (Tel.)
832.928.7768      (Cell)
713.658.8253      (Fax)



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