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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Dejean v. Wade - 3/8/2001
Petition for review denied August 2, 2001.
JOEL DEJEAN, APPELLANT v. EDWARD C. WADE, M.D. AND EDWARD C. WADE, M.D.,P.A., APPELLEES
On Appeal from the 157 th District Court Harris County, Texas Trial Court Cause No....
In re Columbia Valley Regional Medical Center - 3/8/2001
Opinion by Justice Rodriguez. Dissenting Opinion by Justice J. Bonner Dorsey, joined by Senior Justice Robert J. Seerden.
On Petition for Writ of Mandamus.
Before the Court En Banc
In this mandamus action, Columbia...
Lozano v. Lozano - 3/8/2001
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas
Argued on April 5, 2000
We grant, in part, the motion for rehearing of Blanca, Monica and Alex Lozano, withdraw our opinion dated...
Hargrove v. Denno - 3/7/2001
AFFIRMED
Christi Hargrove appeals the dismissal of her medical malpractice suit against Jerjis J. Denno, M.D. for failing to provide Denno with an expert report or non-suit her claim by the date the expert report was due. We hold...
Adams v. H & H Meat Products - 3/1/2001
Appellant, Norwick Adams, III, a/k/a Wick Adams ("Adams"), appeals from the trial court's judgment rendered in favor of appellee, H & H Meat Products, Inc. ("H&H;). By seven issues, Adams contends: (1) the trial court erred...
Apex Towing Company v. Tolin - 3/1/2001
As amended April 26, 2001
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued on October 11, 2000
Justice Hankinson delivered the opinion of the Court, in which Chief Justice...
Gill v. Russo - 3/1/2001
Gill appeals the dismissal of his medical malpractice claims because of his failure to provide an expert report, as required by the Medical Liability and Insurance Improvement Act (the Act). See Tex. Rev. Civ. Stat. Ann. art. 4590i,...
City of La Joya v. Herr - 3/1/2001
This is an interlocutory appeal from the denial of a motion for summary judgment based on an assertion of official immunity. By two issues, appellants, the City of La Joya and its employee, Rene Solis, Jr., complain the trial court...
Giacomini v. Lamping - 3/1/2001
Giacomini Rubinetterie, S.p.A. ("Giacomini") brings this accelerated interlocutory appeal of a Hidalgo County district court's order denying its special appearance. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon...
Sommerfeld v. Enderle - 3/1/2001
Tammy Sommerfeld filed a personal injury lawsuit against Maria Enderle on April 8, 1996. No service of citation was had upon the defendant. The trial court dismissed the suit for want of prosecution on April 18, 2000. The sole point...
Menna v. Romero - 2/28/2001
ON APPELLANTS' MOTION FOR REHEARING
Opinion by:Alma L. López, Justice Dissenting opinion by: Sarah B. Duncan, Justice
REVERSED AND REMANDED IN PART; AFFIRMED IN PART
Appellant's motion for rehearing is granted. This...
Texas Department Of Transportation v. Velasco - 2/28/2001
Dissenting opinion by: Alma L. López, Justice
REVERSED AND DISMISSED FOR LACK OF JURISDICTION
This appeal arises from personal injury lawsuits filed by Victor Velasco, Jr., and the survivors of Jose M. Bejarano and Alfredo...
Martinez v. Via Metropolitan Transit Authority - 12/29/2000
AFFIRMED
The Martinezes appeal the trial court's summary judgment in favor of VIA Metropolitan Transit Authority. We hold the summary judgment record conclusively establishes VIA's immunity from suit and therefore affirm the...
[W] Wheeler v. Methodist Hospital - 12/28/2000
OPINION WITHDRAWN and new opinion filed December 19, 2002.
JAMES M. WHEELER, M.D., APPELLANT v. THE METHODIST HOSPITAL, APPELLEE
On Appeal from the 270th Judicial District Court Harris County, Texas Trial Court Cause No....
State And County Mutual Fire Insurance Co. v. Trinity Universal Insurance Co. - 12/28/2000
This is an appeal from the granting of summary judgment in an insurance coverage dispute. For the reasons stated, we reverse and remand.
I. SUMMARY OF THE EVIDENCE
A. Underlying Lawsuit
Billy Ray Evans filed a...
Texas Association Of Counties County Government Risk Management Pool v. Matagorda County - 12/21/2000
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Argued on October 20, 1999
Justice O'Neill delivered the opinion of the Court joined by Chief Justice Phillips, Justice Enoch, Justice...
Lindsey v. Fuentes - 12/21/2000
This, a dog attack case, is an appeal by plaintiffs, James Lindsey and Angela Lindsey, individually and as next friends of Amos Lindsey (Amos) and Gary Lindsey (Gary), from a take-nothing summary judgment rendered in favor of the...
Simmons v. Williams - 12/21/2000
Alton Simmons appeals, pro se, the dismissal of his medical malpractice action for failure to file an expert report on the grounds that the dismissal: (1) violated his constitutional rights of access to the courts, due process of...
Torrington Co. v. Stutzman - 12/21/2000
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued on January 19, 2000
Justice O'Neill delivered the opinion of the Court joined by Chief Justice Phillips, Justice Enoch, Justice Baker,...
Hartford Underwriters Insurance Company v. Burdine - 12/15/2000
I. Introduction
Appellant Hartford Underwriters Insurance Company appeals from a judgment based on a jury verdict awarding Appellee Jean Burdine lifetime benefits under a workers' compensation claim. In three issues, Hartford...
In re Guerra & Moore - 12/14/2000
On relators' motion to correct, the Court withdraws its opinion of November 9, 2000, to correct clerical errors. This is now the opinion of the Court.
Relators, Guerra & Moore, L.L.P., Carlos L. Guerra and J. Michael Moore...
Barnas v. Historic Crockett Management Co. - 12/14/2000
Theresa Barnas appeals the dismissal of her lawsuit for want of jurisdiction on the grounds that her claims against Frederick Zlotucha and Historic Crockett Management Company, Inc. ("Historic Crockett") were for legal malpractice...
E.I. Du Pont De Nemours and Company v. Edwards - 12/14/2000
E. I. du Pont de Nemours and Company ("DuPont") presents this interlocutory appeal of the trial court's denial of its special appearance. In a sole issue on appeal, it argues that a Texas court may not, without offending traditional...
E.I. Du Pont De Nemours and Company v. Adkins - 12/14/2000
E. I. du Pont de Nemours and Company ("DuPont") presents this interlocutory appeal of the trial court's denial of its special appearance. In a sole issue on appeal, it argues that a Texas court may not, without offending traditional...
Johnson v. Taylor - 12/13/2000
Mary Johnson, individually and as the representative of the Estate of Billy D. Johnson, Deceased, appeals from a final summary judgment. Through her sole point of error, she contends that the trial court erred in entering such judgment...
Ramos v. Perez - 12/13/2000
AFFIRMED
This is an accelerated, interlocutory of a temporary injunction order. Jose Luis Ramos ("Ramos") presents three issues in his brief, including challenges to (1) the trial court's failure to support the injunction with a...
Roland v. DaimlerChrysler Corporation - 12/7/2000
December 27, 2000 - Opinion to be published; issued on December 7, 2000 unpublished
Appellants, Keeshon and Teanna Roland, sued appellees, DaimlerChrysler Corporation, DaimlerChrysler Motors Corporation, and Heart of Texas Dodge,...
Walker v. Gonzales County Sheriff's Department - 12/7/2000
Opinion by Justice Hinojosa
Appellant, Freddie Lee Walker, a state prison inmate, filed a pro se personal injury suit against appellees, the Gonzales County Sheriff's Department, Gonzales County Sheriff D. J. Brzozowski and...
Belasco v. Pennco - 12/7/2000
Appellants, Antonia Belasco, Jenaro Belasco, Wendy Belasco, Julia Belasco, Vinsento v. Belasco, Esteban Velasco, Ignacio Belasco (individually and as the executor of the estate of Ysidro Belasco), and Lionel Rogers, Sr., appeal an...
Castellow v. Swiftex Manufacturing Corp. - 12/7/2000
Appellant Helen F. Castellow sued her employer, appellee Swiftex Manufacturing Corporation (Swiftex), for negligence that proximately caused injuries she incurred in the course of her employment. Swiftex is not a subscriber to workers'...
[W] Utts v. Short - 12/7/2000
OPINION WITHDRAWN and substitute opinion filed February 28, 2002.
STEPHEN JAMES UTTS, M.D., PETITIONER v. DENNIE SHORT, INDIVIDUALLY, AND AS EXECUTOR OF THE ESTATE OF CLIFTON SHORT, DECEASED, NORMA L. SHORT, PATRICIA ANN CAIN,...
Reese v. State - 12/6/2000
ON DIRECT APPEAL FROM HARRIS COUNTY
Price, J., delivered the opinion of the Court in which Meyers, Holland, Womack, and Johnson, J.J., joined. Mansfield, J., filed a dissenting opinion. Keller, J., filed a dissenting opinion in...
Pustejovsky v. Rapid-American Corp. - 11/30/2000
On Petition for Review from the Court of Appeals for the Fourth District of Texas from Bexar County; 4th district (04-97-00768-CV, 980 SW2d 828, 09-30-98)
The Court reverses the court of appeals' judgment and remands the cause to...
Medina v. Lopez-Roman - 11/30/2000
Motion for rehearing overruled August 9, 2001.
CHRISTOPHER MEDINA, APPELLANT v. DR. H. LOPEZ-ROMAN AND DR. STUART CRANE, APPELLEES
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 99-077-C368,...
Sloan v. Molandes - 11/30/2000
Lance Sloan, M. D. appeals from a judgment resulting from a jury verdict in favor of his patient, Lisa Molandes, and the other appellees in this medical malpractice case. In a single issue, he contends that there is no evidence to...
Ramos v. Texas Department of Public Safety - 11/30/2000
In this wrongful death case, plaintiffs and intervenors (collectively "appellants") bring an appeal from an order granting a plea to the jurisdiction in favor of the Texas Department of Public Safety (DPS) and from a summary judgment...
Wallace v. Texas Department of Criminal Justice - 11/30/2000
Petition for review denied February 22, 2001.
ROSCOE WALLACE, APPELLANT v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-INSTITUTIONAL DIVISION AND GREGG IRVING, APPELLEES
On Appeal from the 278th District Walker County, Texas...
General Motors Corp. v. Paiz - 11/29/2000
Justice Rosenberg
Marivel Paiz, individually and as next friend of Luis Garcia, Maricella Garcia, and Natalie Paiz, minors, (Paiz) brought suit against General Motors Corporation (GM) for injuries she sustained in a rear-end...
Stone v. Texas Home Management - 11/22/2000
AFFIRMED
Appellant Billie Odell Stone (Stone) appeals from summary judgment granted in favor of Texas Home Management, Inc. (THM). Stone alleges THM committed numerous acts of negligence that proximately caused the death of...
Barragan v. Providence Memorial Hospital - 11/22/2000
Appellants, Jose and Sylvia Barragan individually and as next friend of their son Omar Barragan, a minor, brought suit against Providence Memorial Hospital, alleging it was vicariously liable for medically negligent acts by Dr. T....
Smylie First Interstate Bank - 11/16/2000
This is an appeal from the trial court's grant of summary judgment in a premises liability case. Appellant, Theodore S. Smylie, raises two issues for our review. First, whether the trial court erred in granting summary judgment in...
Rinehart v. Britton - 11/16/2000
Charles Rinehart, James Holt, and Thomas Davis (collectively referred to as the "Officers"), appeal the granting of the no-evidence motion for summary judgment in favor of Wallace Britton, Sr., and Nancy Murphy as next of friend of...
In re Holleman - 11/14/2000
Relator, Ronald J. Holleman, seeks mandamus directed to respondent, Honorable Sally L. Montgomery, requiring respondent to enter an order that the judgment in cause number 96-05037 in the 95th District Court of Dallas County is void....
In re H.N.P. - 11/9/2000
The Texas Department of Protective and Regulatory Services initiated this suit affecting parent-child relationship. Naomi Faith King appeals the judgment of the trial court terminating her parental rights to her minor children,...
Hardy v. Bianchi - 11/9/2000
Freddie Michael Hardy and Andria Hardy ("Hardy") appeal the trial court's take nothing judgment entered against them in this personal injury case. The jury found Olivia Bianchi ("Bianchi") was not negligent in causing a collision and...
In re Fairfield Financial Group - 11/9/2000
This mandamus proceeding arises from an order quashing a writ of execution. Fairfield Financial Group, Inc., seeks a writ compelling the Honorable Gary Sanderson, Judge of the 60th District Court of Jefferson County, Texas, to vacate...
Rupp v. Brown - 11/9/2000
Petition for review denied August 23, 2001.
MARGIE RUPP, INDIVIDUALLY AND ON BEHALF OF JACOB RUPP, APPELLANTS v. CHARLES E. L. BROWN, M.D.; AND CENTRAL TEXAS PERINATAL ASSOCIATES, P.A., APPELLEES
FROM THE DISTRICT COURT...
Adam v. Amoco Oil Co. - 11/2/2000
This is an appeal from a summary judgment against the personal injury claims of plaintiffs Bobby Adams, et al. In one order, the trial court granted defendants' Motion for Summary Judgment and Motion for Dismissal for Want of...
Cigna Lloyds Insurance Co. v. Bradleys' Electric - 11/2/2000
Motion for rehearing of petition for review denied September 20, 2001.
CIGNA LLOYDS INSURANCE COMPANY, UNITED NATIONAL INSURANCE COMPANY, AND TEXAS PACIFIC INDEMNITY COMPANY, APPELLANTS, v. BRADLEYS' ELECTRIC, INC., APPELLEE. ...
Perry Homes v. Alwattari - 11/2/2000
In this case we must decide once again whether the limitations on damages and defenses to liability provided to contractors in the Residential Construction Liability Act (RCLA) apply to a homeowner's suit against a contractor for...
Ashton v. Texas Department Of Criminal Justice System - 11/2/2000
This is an appeal from the trial court's order dismissing the appellant's suit as frivolous or malicious under Texas Civil Practice and Remedies Code sections 13.001 and 14.003 and/or because he did not comply with Texas Civil...
Page v. Fulton - 11/2/2000
This is a wrongful death suit. James Fulton, his wife Dorothy Fulton, and Diane Daigle, who was acting as next friend of Monica Page, a minor, sued Steven Allen Page for damages resulting from the death of his wife, Kathy Page. The...
Riviera Operating Corp. v. Dawson - 11/2/2000
Riviera Operating Corporation, doing business as Riviera Hotel & Casino, ("Riviera") appeals the trial court's denial of its special appearance motion filed in a lawsuit brought by Mary Jane Dawson ("Dawson") in Jefferson County,...
otis Spunkmeyer - 11/1/2000
Justice Moseley
After the second jury trial in this case, the trial court rendered judgment holding appellant, Otis Spunkmeyer, Inc. ("Spunkmeyer"), liable for personal injuries sustained by appellee, Nancy Blakely ("Blakely"),...
Manfredi v. Lubbock Hometel Development Venture - 11/1/2000
By this appeal, Roy J. Manfredi, individually and as personal representative of the Estate of Dorothy L. Manfredi, and the Estate of Roy A. Manfredi, seeks a new trial of his personal injury and wrongful death action against Lubbock...
Lection v. Dyll - 10/30/2000
This case involves a medical malpractice suit brought by Sandra M. Lection (Lection) against an emergency room physician, a neurologist, a hospital, and other defendants for their alleged failure to diagnose a stroke that Lection...
Well Solutions - 9/29/2000
REVERSED AND REMANDED
Well Solutions, Inc. appeals the summary judgment against it in its suit against Ross Stafford, Jr. d/b/a Superior Trailer Sales. We reverse the trial court's judgment and remand the cause for further...
Tullis v. Georgia-Pacific Corp. - 9/28/2000
I. Introduction
This appeal is from an order dismissing a personal injury suit under the Texas forum non conveniens statute and the Texas borrowing statute. Presenting five issues, Appellant Christine Hazel Tullis contends the...
Warden v. Supertel Hospitality - 9/21/2000
The issue in this appeal is whether appellant used due diligence to serve appellees with citation after the statute of limitations expired on her claims. We find she did not and affirm the trial court's judgment.
Background ...
Gossum v. George - 9/21/2000
This is an appeal from a bench trial in which the trial court found that appellant Robert H. Gossum violated the Deceptive Trade Practices Act in connection with his construction work on appellees Joe and Brenda George's home....
Nissan Motor Co. v. Armstrong - 9/21/2000
Nissan Motor Company, Ltd., a/k/a Nissan Motor Company, and Nissan Motor Corporation in U.S.A. (Nissan) appeal from a judgment in favor of Marian Armstrong awarding damages for personal injuries sustained in an "unintended...
Henry Schein - 9/14/2000
Petition for review dismissed August 23, 2001, for want of jurisdiction.
HENRY SCHEIN, INC.; EASY DENTAL SYSTEMS, INC.; AND DENTISOFT, INC., APPELLANTS v. SHELLY E. STROMBOE, D.D.S.; ALAN B. HELIG, D.D.S.; BART PRESTI, D.D.S.;...
Coastal Conduit & Ditching - 9/14/2000
Coastal Conduit & Ditching, Inc. ("Coastal Conduit") appeals the summary judgment granted in favor of Noram Energy Corp. d/b/a Entex ("Entex") on Coastal Conduit's claims for negligence, negligence per se, and gross negligence,...
County Of El Paso v. Dorado - 9/14/2000
This is an appeal from an unsuccessful plea to the jurisdiction. For reasons set forth below, we reverse and render.
I. SUMMARY OF THE EVIDENCE
On July 25, 1997, Jessie Dorado, ("Dorado"), sued the County of El Paso, ("El...
Lesikar v. Rappeport - 9/12/2000
Petition for review denied August 23, 2001.
LYNWOOD LESIKAR AND HARRIET LEWIS LESIKAR, APPELLANTS v. JENNY LOU LEWIS RAPPEPORT, ET AL., APPELLEES
On Appeal from the 188th Judicial District Court Gregg County, Texas Trial...
Ranger Insurance Company v. Insurance Company of the State of Pennsyvanlia - 9/12/2000
Ranger Insurance Company (Ranger) appeals the trial court's grant of summary judgment in favor of The Insurance Company of the State of Pennsylvania (ICSP) in this declaratory judgment action to determine insurance coverage for a...
Espalin v. Children's Medical Center Of Dallas - 9/8/2000
Justice Whittington
Mark and Irasema Espalin, individually and as next friend of their minor daughter, Autumn Nicole Espalin, (collectively, the "Espalins"), appeal the trial court's summary judgment in favor of Children's...
Helm v. Reeves - 9/8/2000
Chief Justice Thomas
Betty E. Helm appeals from the trial court's order granting summary judgment in favor of Bradford Reeves, M.D. and Presbyterian Healthcare System (Presbyterian) on her medical malpractice claims. In five...
Roberson v. University of Texas Medical Branch at Galveston - 9/7/2000
Appellant, Wendell M. Roberson, an inmate, appeals pro se and in forma pauperis from the trial court's decision to grant separate motions for summary judgment filed by the University of Texas Medical Branch at Galveston ("UTMB") and...
Wyatt v. Longoria - 8/31/2000
This is a medical malpractice case in which Elvira Horrel Wyatt sued Dr. Rolando Longoria for negligent misdiagnosis. Dr. Longoria moved for summary judgment, contending first that Wyatt's claims were barred because Texas does not...
Tesch v. Stroud - 8/31/2000
Opinion by Justice Hinojosa
Appellant, Cheryl Tesch, appeals the dismissal of her medical malpractice action against appellee, David W. Stroud, M.D. In two issues, appellant contends the trial court erred by: (1) dismissing her...
Bass v. City - 8/31/2000
Appellants ("Bass") brought suit on a variety of legal theories, all of which arise out of the reconstruction of the street near Bass' place of business. In the trial court, Bass alleged causes of action for inverse condemnation,...
Bass v. City Of Dallas - 8/31/2000
Appellants ("Bass") brought suit on a variety of legal theories, all of which arise out of the reconstruction of the street near Bass' place of business. In the trial court, Bass alleged causes of action for inverse condemnation,...
Prairie View A&M;University of Texas v. Mitchell - 8/31/2000
Prairie View A&M;University brings this interlocutory appeal from the trial court's order denying its plea to the jurisdiction based on sovereign immunity. We reverse.
Case Overview
Michael Mitchell and his wife,...
Wilson v. Lott - 8/31/2000
ABATEMENT AND REMAND
Kenneth Wilson Sr. and Lesa Wilson, individually and as next friend of Kenneth Wilson, Jr., (Wilsons) appeal from the trial court's orders granting separate motions for summary judgment of Carmen Lott and...
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