Texas Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Texas or Court of Appeals of Texas where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Hector v. Christus Health Gulf Coast - 8/18/2005
Appellant, Alzada Hector, was injured when she fell from an operating table during surgery to remove cancer from her ear. Ms. Hector brought suit against the hospital and the surgeon. The trial court dismissed Ms. Hector's case...
Gomez v. H. Yturria Land & Cattle Co. - 8/18/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez
This appeal results from a jury verdict in a wrongful death suit. Appellants, Elisa Gomez, individually and as representative of all the heirs of Fidel Gomez and...
Jennings v. Zimmerman - 8/17/2005
Sitting: Karen Angelini, Justice, Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice.
AFFIRMED
Grace Jennings appeals the summary judgment rendered in favor of Zimmerman, Axelrad, Meyer, Stern & Wise, P.C. She...
Burke v. Insurance Auto Auctions Corp. - 8/16/2005
Before Justices Morris, Lang, and Mazzant
Martha Burke, plaintiff below, appeals the trial court's final summary judgment dismissing her claims against Insurance Auto Auctions Corp. a/k/a Insurance Auto Auction. On appeal,...
Texas Dep't of Transportation v. Pate - 8/16/2005
In the wake of the October 2000 collision that killed three young people---Earl Haley, Heather Anderson, and Casey Pate---at the intersection of State Highway 21 and Farm-to-Market Road 95 (FM95) in Nacogdoches County, the evidence...
Texas Dep't of Criminal Justice v. Hawkins - 8/12/2005
Before Justices O'Neill, Lang, and Lang-Miers
This case is brought against the Texas Department of Criminal Justice (TDCJ) by the family of Officer Aubrey Hawkins. The TDCJ filed a plea to the jurisdiction, asserting that its...
In re TIG Insurance Co. - 8/11/2005
This dispute involves discovery requests submitted in an insurance coverage case between Henry C. Beck Company (Beck) and TIG (formerly known as Transamerica Insurance Company). Beck is a construction company, and is a defendant in...
Eisner v. Bentch - 8/10/2005
Sitting: Karen Angelini, Justice, Sandee Bryan Marion, Justice and Phylis J. Speedlin, Justice
AFFIRMED
Appellant Marie Eisner appeals from the trial court's dismissal of her medical malpractice action against Appellee...
Pettit v. Dowell - 8/10/2005
This is an appeal from an adverse judgment in a medical malpractice case. Because we find no error, we will affirm the judgment.
THE EVENTS
Early on a Saturday, twenty-one-year-old Lance Dowell was taken by Freestone...
Hillcrest Baptist Medical Center v. Wade - 8/3/2005
This is a medical malpractice case involving heart damage resulting from a delayed angioplasty. Penny Wade sued Hillcrest Baptist Medical Center, two emergency room doctors, and their employers, under Chapter 74 of the Texas Civil...
[W] Granek v. Texas State Board of Medical Examiners - 8/3/2005
To address issues raised in the motion for rehearing of Appellant Harold Granek, M.D., we withdraw our opinion and judgment dated May 5, 2005, and substitute the following in its place. We overrule the motion for rehearing. ...
Dallas Area Rapid Transit v. Edwards - 8/2/2005
Before Justices Morris, Lang, and Mazzant
In this appeal from a denial of a plea to the jurisdiction, we address the governmental immunity of Dallas Area Rapid Transit from a suit for damages allegedly sustained when one of its...
Dallas County v. Wadley - 8/1/2005
Before Justices Morris, Lang, and Mazzant
In this case, we must decide whether an overloaded elevator in a Dallas County jail constitutes a premises defect waiving Dallas County's immunity from suit. See Tex. Civ. Prac. &...
Gustovich v. Dallas Area Rapid Transit - 7/29/2005
Before Justices Whittington, Moseley, and Lang-Miers
Gus Gustovich sued Dallas Area Rapid Transit (DART) for property damages sustained when a DART bus stop sign fell into his driving path and damaged his pickup truck. In one...
Dick Poe Motors - 7/28/2005
This is an appeal from the trial court's entry of an agreed order of dismissal entered by the trial court on December 1, 2003 and the denial of a motion for clarification dated February 17, 2004. On the court's own motion, we dismiss...
Brooks v. City of Dallas - 7/27/2005
Before Justices Morris, Lang, and Mazzant
In this appeal following a dismissal for want of jurisdiction, Betty D. Brooks contends the trial court erred in dismissing her claims against the City of Dallas because the City's...
Boateng v. TrailBlazer Health Enterprises - 7/26/2005
At issue in this case is the propriety of the trial court's granting of a bill of review and dismissal of the underlying case for lack of jurisdiction at the preliminary hearing stage of the bill-of-review proceeding. Appellants, a...
Power v. Kilgore - 7/21/2005
This appeal is from the trial court's order on a motion to enforce a child support lien and to foreclose the lien. We will affirm.
Robert Earl Kilgore ("Robert") formerly was married to Maria Celina Kilgore ("Maria") and was...
N.N. v. Institute for Rehabilitation and Research - 7/21/2005
On August 30, 1997, A.B, a patient who was undergoing rehabilitation therapy for a brain injury at The Institute for Rehabilitation and Research (TIRR), appellee, stated that she had been sexually assaulted by another brain-injured...
Coleman v. Conway - 7/21/2005
Before Justices Rodriguez, Castillo and Garza
This is a personal injury suit in which Robert C. Coleman filed suit against Danny Allen Conway and the City of Kingsville Police Department. Conway, an officer with the City of...
Moreno v. M.V. - 7/14/2005
This is an appeal from the granting of a directed verdict against Appellant, Archie Moreno, in favor of all defendants below. Suit was originally filed by Appellant against Appellees seeking damages related to the medical treatment...
TIG Insurance Co. v. San Antonio YMCA - 7/13/2005
Sitting: Catherine Stone, Justice, Sandee Bryan Marion, Justice & Phylis J. Speedlin, Justice
AFFIRMED
This is an appeal from the denial of a motion for summary judgment filed by appellant, TIG Insurance Company, and...
Erickson v. Heim-Hall - 7/13/2005
Sitting: Alma L. López, Chief Justice, Karen Angelini, Justice, Sandee Bryan Marion, Justice
AFFIRMED
Brent Erickson and Traci Erickson sued Josefine Heim-Hall, M.D. and Victor Saldivar, M.D. for medical malpractice...
Yancy v. United Surgical Partners International - 7/12/2005
Before Justices Morris, Francis, and Lang-Miers
In this medical malpractice case, the trial court granted summary judgment in favor of United Surgical Partners International, Inc., Valley View Surgical Center, Inc., and Judith...
Fulgham v. FFE Transportation Services - 7/12/2005
Before Justices Wright, Bridges, and Richter
This product liability and negligence case is on remand from the Supreme Court of Texas. That Court disagreed with our remand of both claims to the trial court for further...
Galveston Racquet Club - 7/7/2005
In this appeal, Galveston Racquet Club, Inc. (the Club), contends that the trial court erred by granting a plea to the jurisdiction in favor of appellee, the City of Galveston (the City). The Club asserts that the City's governmental...
In re Covenant Medical Center - 7/7/2005
Original Proceeding
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
Covenant Medical Center and John Eaton, L.V.N. (collectively referred to as Covenant), petitioned this court for a writ of mandamus directing the trial...
Baker v. St. Jude Medical - 6/30/2005
This appeal involves the issue of federal preemption of state law causes of action arising out of the implantation of an allegedly defective heart valve in the deceased, Jean Baker. Specifically, we must decide whether state...
Robinson v. University of Texas Medical Branch at Galveston - 6/30/2005
This suit involves the mishandling of the remains of a deceased. Appellant, Helen Robinson ("Robinson"), appeals an order granting the plea to the jurisdiction of appellee, The University of Texas Medical Branch at Galveston...
San Jacinto River Authority v. Simmons - 6/30/2005
San Jacinto River Authority ("SJRA") prosecutes this interlocutory appeal from the trial court's denial of its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2005). Appellee, Jerry...
University of Houston v. Barth - 6/30/2005
This is an interlocutory appeal of the trial court's denial of appellant's, the University of Houston (UH), plea to the jurisdiction. Appellee, Stephen Barth, a tenured professor at the UH Conrad N. Hilton College of Hotel Management...
Per-Se Technologies - 6/30/2005
Appellant, Per-Se Technologies, Inc., formerly known as Medaphis Corporation, sued appellee, Sybase, Inc., alleging negligent misrepresentation and fraud. Appellee filed a rule 166a(c) motion for summary judgment, and the trial...
Covington v. Sisters of Charity of the Incarnate Word - 6/28/2005
Appellants Elizabeth Roberts and Patricia Lazard Covington, independent administrator of the estate of Vincent Lazard, appeal a summary judgment dismissing their survival claims asserted on behalf of the estate. We will affirm the...
Malone v. Sewell - 6/23/2005
I. Introduction
Shaun Malone appeals from the trial court's grant of summary judgment in favor of Barbara Sewell on Malone's claims for sexual exploitation, breach of fiduciary duty, fraud, and sexual assault. We will affirm in...
Hayhoe v. Henegar - 6/23/2005
In a lawsuit arising out of an automobile accident, the jury found Janice Amanda Hayhoe liable for negligence. We modify and affirm.
On May 31, 1999, Rick Henegar was driving a truck in Sweetwater. While he was stopped at a red...
Rueda v. Paschal - 6/23/2005
This is an appeal of a summary judgment rendered in favor of appellees, Ann and Clifford Paschal. In five issues, appellant, Ebodio Rueda, contends that the trial court erred in rendering a no-evidence summary judgment for appellees...
University of Texas Medical Branch at Galveston v. Estate of Darla Blackmon - 6/22/2005
Introduction
This is an interlocutory appeal of the trial court's denial of a plea to the jurisdiction by the University of Texas Medical Branch at Galveston (UTMB).
UTMB provides medical services to inmates in Texas...
Somervell County Healthcare Authority v. Sanders - 6/22/2005
Somervell County Healthcare Authority d/b/a Glen Rose Medical Center Nursing Home (Nursing Home) appeals the trial court's denial of its plea to the jurisdiction premised on sovereign immunity. Because the pleadings do not allege...
Donaldson v. J.D. Transportation Co. - 6/22/2005
Sitting: Alma L. López, Chief Justice, Karen Angelini, Justice, Phylis J. Speedlin, Justice.
AFFIRMED
Jack and Shirley Donaldson appeal from the trial court's judgment awarding them damages against J. D. Transportation...
Scott v. Manor - 6/21/2005
Arlene Scott, individually and as representative of the Estate of Dorethea Scott, deceased, Jerry Scott Hubbard, James David Scott, Norman Scott, and Albert Scott, (the "Scotts") appeal from the summary judgment granted in favor of...
Erickson v. Cigarroa - 6/15/2005
Sitting: Karen Angelini, Justice, Sandee Bryan Marion, Justice & Phylis J. Speedlin, Justice.
AFFIRMED
Brent Erickson and Traci Erickson, individually, appeal the partial summary judgment of the trial court....
In re Wharton - 6/15/2005
George Wharton seeks mandamus relief compelling Respondent, the Honorable John E. Neill, Judge of the 18th District Court of Johnson County, to withdraw a discovery order requiring Wharton to disclose personal financial records and...
DiGangi v. 24 Hour Fitness USA - 6/10/2005
Before Justices Whittington, FitzGerald, and Richter
Jeffrey Michael DiGangi was injured while using a fitness machine manufactured by Bodymaster's at 24 Hour Fitness USA, Inc. According to DiGangi, he was using the machine...
Insurance Company of the State of Pennsylvania v. King - 6/8/2005
Insurance Company of the State of Pennsylvania ("ICSP") appeals the trial court's dismissal of its appeal for want of jurisdiction. ICSP raises three issues on appeal. We reverse and remand.
Background
Gregory S. King...
[W] Whittington v. City of Austin - 6/8/2005
This is an appeal in a condemnation case. The trial court granted partial summary judgment that the City of Austin (the "City") had authority to condemn eight lots in downtown Austin owned by appellants, Harry M. Whittington and...
Huffhines v. State Farm Lloyds - 6/2/2005
In this appeal, we must resolve duty-to-defend issues regarding a Homeowners' Policy and a Personal Liability Umbrella Policy. Specifically, we are asked to determine whether appellees, State Farm Lloyds and State Farm Fire and...
Mokkala v. Mead - 6/2/2005
In these consolidated interlocutory appeals, we are called upon to construe section 74.351 (a) and (b) of the Texas Civil Practice and Remedies Code, which pertains to the filing of expert reports for health care liability claims....
In re Unitec Elevator Services Co. - 6/2/2005
By petition for writ of mandamus, relators, Unitec Elevator Services Company d/b/a VTM Elevator Company, VTM Elevator Company, NAES Central, Inc., NAES Central, Inc., formerly known as Unitec Elevator Services, and NAES Central,...
Farley v. Watkins - 6/2/2005
Raymond and Karen Farley, individually and as administrators of the estate of their deceased son, Raymond Farley Jr., (collectively, "appellants") appeal the trial court's rendition of summary judgment against them on their claims...
Robnett v. Kirklin Law Firm - 6/2/2005
This dispute concerns competing rights to attorney's fees under contingency-fee contracts that appellant, Paula Robnett, referred to appellee, the Kirklin Law Firm (the firm), at least one of which the firm, in turn, referred to a...
[W] Toshiba Machine Co. v. SPM Flow Control - 6/2/2005
I. Introduction
This case arises from the sale of two large machine tools. Toshiba Machine Company of America ("Toshiba") appeals a $9.25 million judgment on a jury verdict in favor of S.P.M. Flow Control, Inc. ("SPM"). In...
Law Offices of Windle Turley - 6/2/2005
Before Justices Moseley, Francis, and Mazzant
This is a sanctions case arising out of a lawsuit for attorney fees. The Law Offices of Windle Turley, P.C. sued appellees Robert L. French, individually and on behalf of the estate...
Lennar Corp. v. Great American Insurance Co. - 6/2/2005
This case involves an insurance coverage dispute over whether the insured homebuilders are covered under six commercial general liability ("CGL") policies for damages resulting from their application of defective stucco material to...
Welch v. McLean - 6/2/2005
OPINION ON REHEARING
We withdraw our opinion and judgment of March 25, 2004 and substitute the following in their place. We grant Simeon Eden McLean's motion for rehearing and deny his motion for en banc rehearing. ...
Battaglia v. Jonesalexander - 5/27/2005
Argued October 15, 2003
JUSTICE OWEN delivered the opinion of the Court, in which JUSTICE HECHT, JUSTICE WAINWRIGHT, JUSTICE MEDINA, JUSTICE GREEN, and JUSTICE JOHNSON joined.
CHIEF JUSTICE JEFFERSON, JUSTICE O'NEILL and...
Sandles v. Howerton - 5/27/2005
Before Justices Wright, FitzGerald and Lang-Miers
In this medical malpractice case, we address whether the trial court abused its discretion by refusing to grant appellant a thirty-day grace period within which to file her...
Excess Under Writers at Lloyd's v. Frank's Casing Crew & Rental Tools - 5/27/2005
Argued September 24, 2003
JUSTICE OWEN delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE HECHT, JUSTICE MEDINA and JUSTICE GREEN joined. JUSTICE O'NEILL joined in Part I and Part II, C and D, and...
In re Nexion Health at Humble - 5/27/2005
ON PETITION FOR WRIT OF MANDAMUS.
We must determine whether Medicare funds crossing state lines constitutes interstate commerce, thereby bringing a contract within the Federal Arbitration Act (FAA) and allowing arbitration in...
Browning v. Prostok - 5/27/2005
Argued October 19, 2004
JUSTICE O'NEILL did not participate in the decision.
This dispute arises out of highly contentious bankruptcy proceedings. During the bankruptcy proceedings, a committee representing bond and trade...
Brewer & Pritchard - 5/26/2005
In this appeal from a summary judgment, Brewer & Pritchard appeals a judgment in favor of Nick Johnson and James W. Chang on the grounds that the trial court: (1) abused its discretion in denying discovery on the remanded claims,...
Gates v. Fort Bend County Child Advocates - 5/26/2005
Appellant, Gary Gates Jr., as next friend of D.G. and M.G., his minor sons ("the Gateses"), appeals from a final summary judgment denying the Gateses' motion for partial summary judgment, granting the summary judgment motion of...
Gomez v. Valley Baptist Medical Center - 5/26/2005
Before Chief Justice Valdez and Justices Rodriguez and Garza
This is an appeal from a medical malpractice suit brought by appellants, Yolanda Gomez and Jose Luis Rosales, against appellees, Valley Baptist Medical Center,...
State v. Mercier - 5/19/2005
Before Justices Hinojosa, Yanez and Castillo
The State appeals from an order of the district court granting a motion for new trial, entering an acquittal, and entering conditional orders pendent on future appeals. See Tex. Code...
Jordan v. Sava - 5/19/2005
Appellant, Maethenia Jordan, appeals a take-nothing judgment rendered in her personal injury suit against appellees, Sava, Inc. and John D. Moore. In seven issues, Jordan contends (1) the trial court erred in denying her challenges...
In re Texas Association of School Boards - 5/13/2005
ON PETITION FOR WRIT OF MANDAMUS
Argued September 30, 2004
JUSTICE GREEN and JUSTICE JOHNSON did not participate in the decision.
In this mandamus proceeding, the Texas Association of School Boards, Inc. and the Texas...
Austin Nursing Center - 5/13/2005
Argued November 10, 2004
JUSTICE JOHNSON did not participate in the decision.
On behalf of her deceased mother, Pauline Wilson Lovato filed a survival action against Guadalupe Zamora, M.D., Austin Nursing Center, Inc., and...
Ethio Express Shuttle Service - 5/12/2005
Appellant, Ethio Express Shuttle Service, Inc., appeals the trial court's judgment dismissing its case for want of jurisdiction. On appeal, Ethio claims the trial court should not have granted the City's plea to the jurisdiction,...
In re Pena - 5/12/2005
Before Chief Justice Valdez and Justices Hinojosa and Yanez
Per Curiam Memorandum Opinion
In this original proceeding, relators, Roel Pena and Aventis Pharmaceuticals, Inc., request the Court to direct the Honorable Bobby...
Staev v. Azouz - 5/11/2005
Before Justices Moseley, Francis, and Mazzant
Ghinica Staev appeals the summary judgment in favor of defendant David Azouz, M.D. In four issues, Staev argues the trial court erred in (1) granting the no-evidence motion; and...
Dallas Area Rapid Transit v. Willis - 5/10/2005
Before Justices Morris, Francis, and Lang-Miers
Joyce Willis (Willis) sued Dallas Area Rapid Transit (DART) for personal injuries sustained when she fell in an attempt to exit a DART bus. DART appeals the trial court's order...
Group v. Vicento - 5/10/2005
In this medical malpractice case, appellant appeals the trial court's denial of his motion to dismiss challenging the sufficiency of the appellee's expert report. In a single issue, appellant argues the trial court erred in denying...
[W] Granek v. Texas State Board of Medical Examiners - 5/5/2005
Appellant Harold Granek, M.D., appeals the district court's order affirming an order of the Texas State Board of Medical Examiners (Board) imposing disciplinary sanctions against him. Granek complains chiefly that the Board violated...
Blumberg v. Bergh - 5/5/2005
Introduction
Daniel Blumberg and Daniel Blumberg and Associates (collectively, Blumberg) appeal the trial court's judgment confirming an arbitration award for David Bergh. In eleven issues, Blumberg complains that the trial...
Hillman v. Diagnostic Clinic of Houston - 4/28/2005
This appeal arises from medical malpractice and contractual claims brought by appellant, Cheryl P. Hillman, against appellee, Diagnostic Clinic of Houston, P.A. ("the Clinic"). The trial court dismissed Hillman's claims with...
In re CMM Construction Co. - 4/21/2005
In this original proceeding the relator, CMM Construction Company, Inc. ("CMM"), seeks a writ of mandamus directing the trial court to vacate an order to compel depositions and abate the suit. The real parties in interest, Gracie...
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