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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Wolfington v. Wilson N. Jones Memorial Hospital - 8/31/2000
In this negligent credentialing case, Anita Wolfington, Individually and as Representative of the Estate of Carl Wolfington, Deceased, and William Hall, Wanda Owen, Barbara Choate, Peggy Robb, Abbie Gregg, and Carl Daniel Wolfington,...
Horizon/CMS Healthcare Corp. v. Auld - 8/24/2000
On Petitions for Review from the Court of Appeals for the Second District of Texas
Argued on November 17, 1999
Justice Abbott delivered the opinion of the Court, in which Justice Hecht, Justice Enoch, Justice Owen, and...
In re Godt - 8/24/2000
Justice Yañez
In this original proceeding, relator, Pamela Godt, seeks mandamus relief from an order compelling arbitration under the Texas General Arbitration Act (the TAA) of her legal malpractice action against real...
Clement v. City Of Plano - 8/24/2000
Warren H. Clement and Pauline Clement, individually and as heirs of the estate of Michael Clement, sued Michael Nunns (a Plano police officer), Bruce Glasscock (the chief of the Plano Police Department), the City of Plano (Plano),...
Westchester Fire Insurance Co. v. Stewart & Stevenson Services - 8/24/2000
Petition for review denied February 22, 2001.
WESTCHESTER FIRE INSURANCE COMPANY, APPELLANT v. STEWART & STEVENSON SERVICES, INC., APPELLEE
On Appeal from the 113th District Court Harris County, Texas Trial Court...
Hotusing v. West Houston Surgicare - 8/24/2000
This is an appeal from the trial court's order granting appellees, West Houston Surgicare and West Houston Ambulatory Surgical Associates, L.P.'s, motion to dismiss appellant's action with prejudice. Appellee filed a motion to...
Payne v. Galen Hospital Corp. - 8/24/2000
On Petition for Review from the Court of Appeals for the First District of Texas
Argued on March 22, 2000
Justice O'Neill delivered the opinion of the Court.
Petitioner injured her back while working as a hospital...
Gonzalez v. Mountain Valley Apartments - 8/24/2000
Irma Gonzalez, individually and as representative of the estate of her husband Salome Gonzalez, and Alejandro Gutierrez and Blanca Munoz, individually and as next friends of their four children (collectively referred to as "Gonzalez...
Texas Workers' Compensation Insurance Fund v. Mandlbauer - 8/24/2000
On Petition for Review from the Court of Appeals for the Ninth District of Texas
We consider two issues: (1) whether the claimant, Mike Mandlbauer, was entitled to jury instructions on "producing cause" in his workers'...
Moon v. North Texas Emergency Physicians - 8/23/2000
James Moon, individually and as next friend of Joseph Lynn Moon, Emily Ann Moon, and Hannah Marie Moon, and on behalf of the estate of Robbie N. Moon, deceased, William Reno, and Wilma Reno appeal the "no-evidence" summary judgments...
Roberts v. Lain - 8/23/2000
AFFIRMED
The primary issue on appeal in this personal injury case is whether Donald Roberts, a former railroad employee, timely filed suit against his former employer, Southern Pacific Transportation Company, for negligent...
Clay v. Oden - 8/18/2000
Eric D. Clay and Vicki Sanders (appellants) appeal a take-nothing judgment granted in favor of Steven A. Oden. Appellants brought suit for injuries sustained in a motor vehicle accident. Oden moved for and obtained summary judgment...
Johnson v. Burger King Corporation - 8/17/2000
This is an appeal from a summary judgment granted by the 60th District Court. Carroll Johnson filed a pro se suit against Burger King, Inc., alleging Johnson sustained personal injuries from the collapse of a chair in a Burger King...
Mantell v. Testa - 8/17/2000
Mark Mantell and Pam Mantell, individually and as next friends of Michelle Mantell, Cory Mantell and Kelly Mantell, appellants, appeal from a summary judgment granted in favor of their former trial attorneys, Michael Testa, Testa...
Nissan Motor Company v. Fry - 8/17/2000
On appeal from the 138th District Court of Cameron County, Texas.
OPINION ON MOTION FOR REHEARING
Opinion by Justice Hinojosa
We issued our original opinion in this case on May 25, 2000. Appellant, Nissan Motor...
Laas v. State Farm Mutual Automobile Insurance Co. - 8/10/2000
Appellants appeal from a judgment on their suit against appellee State Farm denying them all the relief they claimed was due under their underinsured motorist coverage. In seventeen points of error, appellants contend: (1) the trial...
Pfeiffer v. Jacobs - 8/10/2000
Appellant, Bonnie Legere Pfeiffer, appeals the dismissal of her medical malpractice claim against Dr. James Jacobs. Pfeiffer complains that the trial court erred in dismissing her claim with prejudice based on her failure to file an...
Morgan v. Wal-Mart Stores - 8/10/2000
Motion for rehearing of petition for review denied September 20, 2001.
JACQUELYN MORGAN AND CHARLES PETTUS, INDIVIDUALLY AND AS HEIRS TO THE ESTATE OF CAMERON PETTUS/WAL-MART STORES, INC. D/B/A WAL-MART, APPELLANTS v. WAL-MART...
Escalante v. Koerner - 8/10/2000
Opinion by Justice Yañez
This appeal involves claims of medical negligence, gross negligence, and intentional infliction of emotional distress arising from the demise of one fetus in a twin pregnancy and the handling of the...
Texas Department Of Transportation v. O'Malley - 8/10/2000
Appellant, Texas Department of Transportation ("TxDOT"), appeals from the trial court's finding of a special defect under the Texas Tort Claims Act, a jury verdict in favor of appellees, Kevin O'Malley, Next Friend of Steven Losolla,...
Texas Department of Transportation v. O'Mally - 8/10/2000
Opinion by Justice Hinojosa
Appellant, Texas Department of Transportation ("TxDOT"), appeals from the trial court's finding of a special defect under the Texas Tort Claims Act, a jury verdict in favor of appellees, Kevin...
LeBlanc v. Kyle - 8/10/2000
This is an accelerated appeal from the trial court's denial of a special appearance. Larry Kyle sued E.L.M. LeBlanc (LeBlanc), Controlled Energy Corporation (Controlled Energy), and Cooper Butane Company (Cooper Butane) alleging that...
McGee v. McMillion - 8/7/2000
Mercy McGee appeals from a summary judgment denying her recovery against John McMillion, D.O. Through one broad issue, McGee contends that the trial court erred in rendering the judgment. This is allegedly so because McMillion failed...
Travelers Insurance Co. v. Wilson - 8/1/2000
The Travelers Insurance Company appeals from a de novo jury trial verdict rendered on behalf of Ted R. Wilson and his treating chiropractor, Clem C. Martin, D.C. The jury found that the chiropractic care received by Wilson was...
Golden Eagle Archery - 6/29/2000
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued on April 6, 1999
Justice Gonzales delivered the opinion of the Court, in which Chief
Justice Phillips, Justice Hecht, Justice...
Ken Petroleum Corporation v. Questor Drilling Corporation - 6/29/2000
As amended October 12, 2000
On Petitions for Review from the Courts of Appeals for the Thirteenth and First Districts of Texas
Argued December 1, 1999
The common issue in these cases is the proper construction of the...
In re Southwestern Bell Telephone Company - 6/29/2000
As amended August 22, 2000
On Petition for Writ of Mandamus
In this mandamus proceeding, we decide whether a trial judge may set aside a venue transfer order one year after signing the order because one of several...
K-Mart Corp. v. Huneycutt - 6/29/2000
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting the petition for review and without hearing oral argument, the Court...
Bishop v. Texas A&M;University - 6/29/2000
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas
Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting the petition for review and without hearing oral argument, the Court...
State v. Gonzalez - 6/29/2000
Petition for review granted August 23, 2001.
THE STATE OF TEXAS, BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, APPELLANTS, v. MARIA C. GONZALEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF...
Austin v. Kerr-McGee Refining Corp. - 6/29/2000
Tara Austin and other aligned parties appeal from the trial court's ruling excluding their experts' scientific evidence of medical causation. They contend that the trial court erred in applying Merrell Dow Pharm., Inc. v. Havner, 953...
Carr v. Smith - 6/29/2000
Marion and Thomas Carr, appellants, sued Gregory H. Smith, D.O. and Scott Allen, M.D. for medical malpractice. The only issues appellants present for review after their two-week jury trial relate to the propriety of the jury shuffle...
Karley v. Bell - 6/29/2000
INTRODUCTION
In this medical malpractice case, Matthew Karley and Autumn Wernick (collectively, Appellants) appeal from the trial court's order granting summary judgment based on limitations in favor of Dr. J. Ardis Bell,...
Harris v. Balderas - 6/28/2000
Concurring and dissenting opinion by: Paul W. Green, Justice
REVERSED AND REMANDED
A car driven by Heather Harris collided with a car in which Consuelo Balderas was a passenger. Consuelo suffered severe brain damage as a...
Dunlap v. Excel Corp. - 6/27/2000
Appellant Patti Dunlap appeals from a take-nothing judgment on her claim for past and future loss of consortium as a result of her husband's personal injuries. We reverse and remand.
FACTUAL AND PROCEDURAL BACKGROUND ...
Walls v. Prudential Property & Casualty Insurance Company - 6/23/2000
Justice Farris
Jenny Walls, Individually and as Independent Administrator of the Estate of Kevin Walls, Deceased, and as Next Friend of Ashlyn Walls, a Minor, Vernon, Walls and Dorothy Walls (collectively the Walls) sued...
Texas Department of Transportation v. Anderson - 6/22/2000
I. INTRODUCTION
This is an appeal involving a workers' compensation insurance carrier's subrogation rights. We are asked to decide whether the trial court properly apportioned the settlement proceeds and awarded attorneys'...
Perez v. Burnett - 6/22/2000
By one issue, appellant Joseph A. Perez challenges the trial court's order that he receive attorney's fees in the amount of $1,000, only, from appellees, James L. Burnett and Anna Burnett. Perez contends that the trial court abused its...
Pilgrim Enterprises - 6/22/2000
The principal question in this appeal from a summary judgment is as follows: for purposes of coverage under an occurrence-based comprehensive general liability ("CGL") insurance policy, do personal injury and property damage from...
Gronwaldt v. McClelland - 6/22/2000
This is a second interlocutory appeal of a class action certification. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (Vernon Supp. 2000). The plaintiff-appellee, Jerry C. McClelland ("appellee"), originally filed this...
Medlock v. Commission for Lawyer Discipline - 6/21/2000
Jacqueline E. Medlock, an attorney, appeals from the judgment of the trial court finding that she had engaged in professional misconduct, violating Rules 7.07(a) and 8.04(a)(9) of the Texas Disciplinary Rules of Professional Conduct....
Wal-Mart Stores - 6/21/2000
Opinion by:Paul W. Green, Justice
Concurring opinion by: Phil Hardberger, Chief Justice, joined by Justice López
REVERSED IN PART AND RENDERED
In this personal injury case, appellant, Wal-Mart Stores, Inc., appeals...
Loper v. Smith Corona - 6/21/2000
Appellant Kurt Wayne Loper, an inmate proceeding pro se and in forma pauperis, appeals from the trial court's order dismissing with prejudice his cause of action against appellee Smith Corona, Inc. By two issues, Loper contends (1)...
Maldonado v. Frio Hospital Association - 6/21/2000
Opinion by:Catherine Stone, Justice
AFFIRMED
Sonia Maldonado and Zap Velasquez ("Appellants") contest the trial court's grant of a summary judgment in favor of Frio Hospital Association ("Association.") Because we hold the...
Wolfe v. C.S.P.H. - 6/19/2000
On the Court's own motion, we withdraw our opinion of April 19, 2000. The following is now the opinion of the Court.
After suffering an on-the-job injury, Kevin W. Wolfe sued his employer, C.S.P.H. d/b/a Domino's Pizza (CSPH),...
Jacobs v. Jones - 6/15/2000
Justice Morris
This is an appeal from a personal injury lawsuit Stacee Jones filed against Bobby Don Jacobs. A jury trial was held only on the issue of damages because Jacobs stipulated to his liability. The jury awarded Jones...
Neasbitt v. Warren - 6/15/2000
The issue in this case is whether the Texas Medical Liability and Insurance Improvement Act (the Act) applies to veterinarians. We hold it does not. We reverse the judgment of the trial court dismissing this cause for want of...
Brantner v. Mihalick - 6/15/2000
This is an appeal from the trial court's grant of a no-evidence summary judgment in favor of Michael Mihalick, M.D. (Mihalick) and St Luke's Episcopal Hospital, The Texas Heart Institute, and Cardiac Catheterization Technologies...
Lopez v. Munoz - 6/8/2000
On Petition for Review from the Court of Appeals for the Fourth District of Texas
Argued on October 20, 1999
Justice O'Neill delivered the opinion of the Court, joined by Justice Hecht, Justice Enoch, Justice Owen, Justice...
Risner v. McDonald's Corporation - 6/8/2000
Jamie Risner appeals from a summary judgment that she take nothing in her personal injury suit against McDonald's Corporation, McDonald's Restaurants of Texas, Inc., Danrose Management Co., Danrose Corporation, and Tina Dunham. She...
Garcia v. Allen - 6/8/2000
Opinion by Justice Dorsey
Roel Garcia was hired to work as an analyzer technician by Hoechst Celanese Corporation in 1991. When he was hired, he was without a kneecap in his left knee. It had been removed as a result of a...
In re Sensitive Care Inc. - 6/8/2000
Introduction
This original proceeding involves a state court judgment rendered after the automatic stay of the bankruptcy code was in effect. We must determine whether the bankruptcy court validated the judgment or whether the...
CONEX International Corporation - 6/8/2000
The gravamen of the lawsuit initially filed by appellee, James Cox, and the lone remaining action before this Court on appeal, is grounded in the anti-retaliation provision of Tex. Lab. Code Ann. §§ 451.001-451.002 (Vernon 1996)....
Sandoval v. Commission For Lawyer Discipline - 6/8/2000
Based on a jury's verdict, the trial judge found that Mark T. Sandoval committed professional misconduct inviolationof Rule 8.03(a)(3) of the Texas Disciplinary Rules of Professional Conduct and imposed a three year suspension from...
Ocomen v. Rubio - 6/8/2000
This is a medical malpractice case involving claims of negligence, gross negligence, and failure to inform a patient of the risks and hazards of resection surgery. After a jury found in favor of defendant on all claims, the trial...
Smith v. H.E. Butt Grocery Company - 6/8/2000
James Smith appeals from an order dismissing his personal injury suit against H. E. Butt Grocery (HEB), his former employer, after he failed to submit the case to arbitration as required by an agreement between him and HEB. In five...
McQueen v. University of Texas Medical Branch - 5/30/2000
Synnachia McQueen, a prison inmate, experienced pain in his left knee for a number of years. When the prison medical staff were unable to relieve the pain, appellant was referred to the University of Texas Medical Branch (UTMB) in...
Hughes Wood Products - 5/25/2000
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued November 17, 1999
Justice O'Neill delivered the opinion of the Court.
This case presents a choice of law question. Plaintiff was...
Nissan Motor Company v. Fry - 5/25/2000
Opinion by Justice Hinojosa
Appellant, Nissan Motor Company, Ltd. d/b/a Nissan Motor Corporation in USA, filed this interlocutory appeal after the trial court signed a class certification order. Nissan contends the trial court...
McIntyre v. Smith - 5/25/2000
This is an appeal by Charlene R. McIntyre, et al. (McIntyre) of a directed verdict rendered on behalf of C. Jack Smith, M.D., and Collom & Carney Clinic Association (C&C;. McIntyre contends that the trial court erred in...
Palmer v. Varner - 5/25/2000
This is an appeal by plaintiff, John William Palmer, from a take- nothing summary judgment granted in favor of defendant, Roy Varner, M.D., a psychiatrist, in a medical malpractice case. We affirm.
Palmer asserts the trial...
Collin County v. Rogers - 5/25/2000
In this personal injury case, Collin County appeals a judgment in favor of Jason Rogers, challenging in two issues the legal sufficiency and, in the alternative, the factual sufficiency of the evidence supporting the award of damages...
Frazier v. City of Dallas - 5/24/2000
Billy Frazier appeals the summary judgment granted in favor of the City of Dallas. Appellant brings three issues asserting the trial court erred in determining that flood waters were not a special defect of which the City had...
Bottoms v. West - 5/24/2000
Donnie and Aledda Jan Bottoms appeal a judgment following a jury verdict in a personal injury suit arising from an automobile accident. Although the jury found that defendant Richard West was negligent in the collision and awarded...
In re Onstad - 5/24/2000
Rockne Onstad, plaintiff's counsel in a medical malpractice lawsuit, has filed a petition for writ of mandamus asking this Court to find that a sanction levied against him personally was improper. The first question before this Court...
Polston v. McGhan Medical Corp. - 5/22/2000
Denise Polston appeals a summary judgment in favor of McGhan Medical Corporation, Minnesota Mining and Manufacturing Company, and INAMED Corporation (collectively "McGhan") in this suit for personal injuries allegedly caused by...
Ceasar v. Ceasar - 5/18/2000
The issues raised in this appeal of a divorce relate to the trial court's award of a brokerage account to the husband as his separate property. The money deposited to the account was some of the damages recovered from the settlement...
American Type Culture Collection - 5/18/2000
American Type Culture Collection, Inc. ("ATCC") takes this interlocutory appeal from an order denying its special appearance. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon Supp. 2000). We consider whether a...
Todd Shipyards Corporation v. Perez - 5/18/2000
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas
Justice Hecht, joined by Justice Owen, dissenting from the denial of the petition for review.
The issue in this case is whether an...
Finley v. Steenkamp - 5/18/2000
I. INTRODUCTION
In this appeal, we must decide whether giving presuit notice of a health care liability claim to a health care provider as required by section 4.01 of the Medical Liability and Insurance Improvement Act ("the...
Gonzales v. Sid Peterson Memorial Hospital - 5/17/2000
Opinion by:Catherine Stone, Justice
REVERSED AND REMANDED
Lisa Gonzales, Individually and as Next Friend of Laura Gonzales, A Minor Child (hereinafter "Gonzales"), appeals from a summary judgment granted in favor of Sid...
Ortiz v. Furr's Supermarkets - 5/12/2000
This is a double appeal from a personal injury suit. For the reasons stated below, we reverse and render in part and reverse and remand in part.
I. SUMMARY OF THE EVIDENCE
A. Factual History ...
Southwestern Refining Company - 5/11/2000
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Argued April 7, 1999
Justice Gonzales delivered the opinion of the Court, in which Justice Hecht, Justice Owen, Justice Baker, Justice...
Southwestern Refining Co. - 5/11/2000
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Argued April 7, 1999
Justice Gonzales delivered the opinion of the Court, in which Justice Hecht, Justice Owen, Justice Baker, Justice...
Ford Motor Company v. Sheldon - 5/11/2000
On Petition for Review from the Court of Appeals for the Third District of Texas
Argued February 9, 1999
On Petition for Review from the Court of Appeals for the Third District of Texas
Argued February 9, 1999 ...
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