August 31, 2009.
BARC Vet's lawsuit against City under Whistleblower Act lands in Judge Kerrigan's Court
BARC vet files whistleblower suit against City of Houston: Gil Costas, DVM v. The City of Houston  
(click to see original petition in Cause No. 2009-55767, assigned to the 190th District Court)

December 21, 2007 - Governor Rick Perry appoints Patricia Kerrigan to take the 190th District Court
bench until a successor to Jennifer Elrod is chosen in the 2008 elections and takes office. Harris County
state district court judge Jennifer W. Elrod was nominated for the Fifth Circuit Court of Appeals by
President Bush and confirmed on October 4, 2007 by the U.S. Senate.

See SBOT State Bar Profile for Attorney Patricia Kerrigan  
Judge Pat Kerrigan's campaign website: [link added Feb 25, 2008]
Democratic opponent for this bench in the 2008 elections: Andres C. Pereira, Other candidates in the
primary election:  Bruce Mosier, Al Hoang, James A. Passamano (wrongly stating in the page title that he
is running for the 109th Court)

Also see --> Official web page of the 190th District Court Harris County, Houston, TX
Harris County Civil Courthouse
201 Caroline, 12th Floor
Houston, Texas 77002
Photo of Old and New Harris County Civil Courthouse and Links to information on judges

Text of Governor's press release upon appointment:

Gov. Perry Appoints Kerrigan as 190th Judicial District Court Judge

AUSTIN – Gov. Rick Perry appointed Patricia Kerrigan of Houston as the 190th Judicial District Court
Judge, representing Harris County, for a term to expire after the next general election.

Kerrigan is an attorney and partner of Werner and Kerrigan L.L.P., and board-certified in Personal Injury
Trial Law. She is past president and member of Texas Association of Defense Counsel and Association
of Defense Trial Attorneys. She is also an associate of American Board of Trial Advocates and has been
on Texas Monthly’s “Super Lawyer” list since 2003. Kerrigan is a past development board member of the
University of Texas Medical Branch in Galveston and volunteers for the Women’s Initiative of the United
Way of Houston. She is a board member of Park People in Houston and the DRI, a national organization
of defense trial lawyers and corporate counsel. Additionally, she is a fellow of the Houston Bar
Foundation and a life fellow of the Texas Bar Foundation.

Kerrigan received a bachelor’s degree from Boston University and a law degree from the University of
Houston. She is married to Philip Werner and has two stepsons, Austin Werner and Sgt. Stuart Werner.
She replaces Judge Jennifer Elrod of Houston.

Recent Appeals from Judge Kerrigan's 190th District Court
Also see --> Appeals from the 190th District Court when Judge Elrod presided

Dyer v. Tex. Bd. of Pardons and Paroles (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2009)(Bland)
(petition for expunction of an arrest record pursuant to Chapter 55 of the Texas Code of Criminal
Procedure,Tex. Code Crim. Proc. Ann. art. 55.01 (Vernon Supp. 2009), finality issue, DWOJ)
The trial court signed an order sustaining the district clerk’s contest to Fredrick Dyer’s affidavit of indigency.  On appeal,
Dyer requests that we reverse the trial court’s order and allow him to proceed as indigent in the trial court.  We dismiss
the appeal for want of jurisdiction because the trial court’s order sustaining the contest to Dyer’s affidavit of indigency is
neither final nor appealable.
DISMISS APPEAL: Opinion by Justice Bland  
Before Chief Justice Radack, Justices Bland and Massengale   
01-08-00884-CV  Fredrick Dwayne Dyer v. Texas Board of Pardons and Paroles   
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan

Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Subst op. by Bland)
(wrongful death, collision with dump truck, independent contractor, no right to control, no vicarious
liability)
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland  
Before Justices Taft, Bland and Sharp    
01-08-00850-CV        Luci Martinez, Individually and the Personal Representative of the Estate of Luis
Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez    
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan

In Re Bay Gas Storage Co., Ltd (Tex.App.- Houston [1st Dist.] Sep. 15, 2009)(per curiam)
(mandamus re: denial of plea to the jurisdiction denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam    
Before Justices Keyes, Hanks and Bland
01-09-00663-CV In re Bay Gas Storage Company, Ltd.
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan

Southern Chemical Corp. v. Celanese, Ltd. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Sullivan)
(contract interpretation, contract ambiguous, ambiguity creates fact issue which is not proper for
resolution by summary judgment; summary judgment reversed and case remanded for further
proceedings)
REVERSED AND REMANDED: Opinion by Justice Sullivan   
Before Justices Seymore, Brown and Sullivan  
14-08-00348-CV  Southern Chemical Corporation v. Celanese, LTD   
Appeal from 190th District Court of Harris County
Trial Court Judge: Patricia J Kerrigan

Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(First, superseded Opinion by Bland)
(wrongful death, dump truck wreck, negligent hiring, training, supervision, training, and negligence per
se claims)(no imposition of vicarious liability through proof of an employer-employee relationship, right to
control test for employee or independent contractor status)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Nenninger Bland     
Panel members: Justices Taft, Bland and Sharp   
01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis
Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez   
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan  

Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson)
(consumer law dispute over car purchase)
AFFIRMED: Opinion by Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford
Appeal from 190th District Court of Harris County
Trial Court Judge: Patricia J Kerrigan

In re Boyaki (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam)
(attempted mandamus against sanctions order fails)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00232-CV  In re Walter L. Boyaki, Ruben P. Hernandez, Miranda & Boyaki, and Heriberto Ramos  
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan

Roxar Flow Management AS v. FLowsys (USA) Inc (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(per
curiam dismissal of appeal, DWOP, nonpayment of fees)
DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-08-00590-CV  Roxar Flow Management AS v. Flowsys (USA) Inc., Flow Metering Systems, Inc., and
Tor Wideroe--Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan
190th District Court Race
in Harris County, Texas
Houston Opinions
Houston Courts
Harris County Civil Courts and
Judges (Non-family)
Republican Appointee Patricia Kerrigan (Incumbent)
wins narrow victory in contest with
Democratic Opponent Andres C. Pereira
(Click name to go to candidate web sites)
Hon. Patricia Kerrigan
Judge of the 190th District Court of Harris County, Texas
Houston Opinions
THE INCUMBENT IN HER OWN WORDS
 THE CHALLENGER IN HIS OWN WORDS
Patricia J. Kerrigan, Republican
Occupation: Judge, 190th District Court;
Experience: partner, Werner, Kerrigan & Ayers;
partner, Fulbright & Jaworski; 24 years
Tort/commercial trial lawyer; Achievements: Board
Certified, Texas Superlawyer, American Board of
Trial Advocates, First woman President
TADC, member Texas Bar Foundation, Houston
Bar Foundation, BSN, Boston University, JD,
University of Houston;www.judgekerrigan.com
 Andres Pereira, Democrat
BA Spanish/Economics/Ibero-American Studies
Univ. Wisconsin; JD South Texas College of
Law, Order of the Lytae, American Jurisprudence
Award legal research/writing; intern, Texas
SC Justice Lloyd Doggett; 1995-present, Litigation
Attorney -- mass tort/product liability/consumer/
aviation. Licensed in Texas, Florida, numerous US
District & appellate courts.
WHEN SHOULD A JUDGE RECUSE?
 WHEN SHOULD A JUDGE RECUSE?
Patricia J. Kerrigan, Republican: Various rules
and statutes control the procedure and grounds
for recusal. In addition to those
situations, a Judge should recuse herself where
her impartiality is reasonably in question and her
continued involvement would erode the trust and
confidence of the public in the impartiality of
the Judiciary. A recusal decision should be based
on the facts specific to the situation.
 Andres Pereira, Democrat: In addition to any
statutory requirements, a judge should offer to
recuse himself or herself when
s/he has any perceived or real stake in the outcome
of the case or harbors a bias or prejudice
against either party in the case that will prevent s/he
from being a fair and unbiased jurist.
Source: LWV Voters Guide: Question to candidate
 Source: League of Women Voters Guide: Candidate Q&A
More on the incumbent from the Harris County
GOP judicial re-election campaign web site:
Keep our Judges dot com
 More on this candidate form the Harris County
Democratice Party judicial elections campaign web
site: Judges for All dot com
2008 ELECTION OUTCOME: REP Patricia J. Kerrigan  549,631 Votes: 50.12%
DEM Andres Pereira  547,078 Votes: 49.88% See all Harris County Election Results

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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