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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Kroger Co. v. Keng - 5/11/2000
On Petition for Review from the Court of Appeals for the Twelfth District of Texas
Argued January 12, 2000
The issue presented is whether a nonsubscriber to workers' compensation insurance is entitled to a jury question...
Missouri Pacific Railroad Company v. Roberson - 5/11/2000
As amended September 7, 2000. Certified for publication.
MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY, APPELLANT v. WILLIAM J. ROBERSON, APPELLEE
On Appeal from the 172nd District Court Jefferson...
Wise v. Watson - 5/9/2000
In this medical malpractice case, Dagmar Wise appeals a take nothing judgment following a jury verdict in favor of Stephen Watson, D.D.S. and Bruce Epker, D.D.S. In three issues, Wise contends the trial court erred in entering...
Purcell Construction - 5/4/2000
This is the appeal and cross-appeal of a judgment for personal injury damages in a premises liability case.
Appellant/cross-appellee, Purcell Construction, Inc. (Purcell), appeals the entry of a plaintiff's judgment....
Kohoutek v. Texas Department of Criminal Justice - 5/4/2000
Appellant, George Thomas Kohoutek, appeals the trial court's dismissal of his suit for want of prosecution. We reverse and remand for further proceedings.
Dismissal for Want of Prosecution
In his first, second and fourth...
Entergy Gulf States - 5/4/2000
This is an accelerated appeal in which Entergy Gulf States, Inc., et al. ("Entergy") appeals an order granting class certification to Billy Joe Butler, et al. ("Butler"). Entergy contends that class certification is improper because...
Potter v. Giron - 5/4/2000
This suit arose out of an automobile accident involving vehicles driven by Nora Potter, appellant, and Yesenia Giron, appellee. Appellant later sued for personal injuries she sustained. We are asked to decide if the trial court erred...
In re Guzman - 5/4/2000
This Petition for Writ of Mandamus requests that we compel the trial court to withdraw its order requiring Relator to execute authorizations for the release of documents in the possession of non- parties.
Relator was the driver...
Jones v. Masters - 5/4/2000
Allen Paul Jones (Appellant) appeals from the trial court's summary judgment, granted in favor of Luthor Masters and Rochelle McKinney (Appellees). Appellant, a prison inmate of the Institutional Division of the Texas Department of...
National Liability and Fire Insurance Company v. Allen - 5/4/2000
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued on September 22, 1999
Justice Owen filed a dissenting opinion, in which Justice Hecht joined.
We overrule National Liability's...
Huckabee v. Time Warner Entertainment Co. - 5/4/2000
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas
Argued November 3, 1999
Chief Justice Phillips delivered the opinion of the Court, in which Justice Enoch, Justice Baker, Justice Abbott,...
Olympia Marble & Granite v. Mayes - 5/4/2000
OPINION ON REHEARING
This is a limited appeal from a default judgment against Olympia Marble & Granite (Olympia), the defendant below and appellant here, in favor of Christopher Mayes and Cynthia Mayes (the Mayes), the...
Burlington Northern Railroad Company v. General Projection Systems. Inc. - 5/2/2000
Burlington Northern Railroad Company appeals a judgment rendered on a jury's verdict in favor of General Projection Systems, Inc. (GPS). GPS sued Burlington for breach of a contract for the installation of audiovisual equipment,...
Huckaby v. A.G. Perry & Son - 5/2/2000
Justice Grant
OPINION
Rick Huckaby and Jeri Boyd, as the parents of Joshua Huckaby and as the legal representatives of his estate (the Huckabys), appeal from a take-nothing judgment in a wrongful death and survival...
Garcia v. Mireles - 3/27/2000
PANEL B
Appellant Sheryl Garcia, as Next Friend of Rocky Hilliard, appeals from an order dismissing her suit against appellee Pablo Mireles. Appellant asserts error by two issues: 1) dismissal of the case was not justified by...
Vallance v. Irving C.A.R.E.S. - 3/24/2000
Anne Marie Vallance appeals the take-nothing summary judgment rendered by the trial court in favor of Irving C.A.R.E.S., Inc., and Irving C.A.R.E.S., Inc. d/b/a Irving C.A.R.E.S. Community Assistance Referral Emergency and Service,...
Louisiana Pacific Corporation v. Gill - 3/23/2000
Louisiana-Pacific Corporation appeals from a post-answer default judgment in an exemplary damage wrongful death case against the decedent's subscriber-employer brought by Neoma Gill, individually and as representative of the estate...
Huckaby v. A.G. Perry & Son - 3/23/2000
Rick Huckaby and Jeri Boyd, as the parents of Joshua Huckaby and as the legal representatives of his estate (the Huckabys), appeal from a take-nothing judgment in a wrongful death and survival action. They contend that Joshua...
Law v. Gulf Coast Gunite - 3/23/2000
In this wrongful death case, Leola Law, Christi Law, and Gladys Law, as Next Friend of Charline Law and Sharline Law (collectively, the "Laws") appeal a summary judgment granted in favor of Gulf Coast Gunite, Inc. ("Gulf Coast") on...
Johnson v. Triple Industrial Corporation - 3/23/2000
This is an appeal from a summary judgment which severed the portion of appellants' lawsuit involving injuries to appellant, Larry's, lower back. In their original petition, appellants contend that Larry injured his back, spine,...
McCall v. Clynch - 3/22/2000
Henry McCall appeals the trial court's grant of summary judgment in favor of Michael Clynch, M.D. in this suit for sexual exploitation by a nurse and medical malpractice. In two issues, McCall contends the trial court erred in (1)...
Delaney v. Alamo Workforce Development Council - 3/22/2000
Opinion by:Alma L. López, Justice
AFFIRMED
This appeal arises from an employment discrimination lawsuit. The trial court granted summary judgment in favor of the defendants. Because we find the trial court's judgments are...
Borden - 3/22/2000
Opinion by: Catherine Stone, Justice
Concurring opinion by: Tom Rickhoff, Justice
Dissenting opinion by: Paul W. Green, Justice
AFFIRMED
This limited appeal concerns the propriety of the trial court's award of...
Everitt v. Transportation Insurance Company - 3/22/2000
Opinion by:Sarah B. Duncan, Justice
AFFIRMED
David Everitt, Tennie Everitt, Ernest Murphy, and Practice Management Associates appeal the summary judgment rendered against them on their declaratory judgment action, arguing...
Chavez v. City of San Antonio - 3/22/2000
Opinion by:Paul W. Green, Justice
AFFIRMED
This is a personal injury case. The appellants sued the appellee, City Public Service Board of San Antonio (CPS), for damages Juan Pablo Chavez (Chavez) sustained when a tree limb...
Jackson v. Reardon - 3/16/2000
This is an appeal from the dismissal of appellant's medical malpractice claims against Baylor College of Medicine and Dr. Patrick Reardon (collectively referred to as "Baylor") pursuant to Tex. Rev. Civ. Stat. Ann. art. 4590i, sec....
Stolhandske v. Stern - 3/16/2000
The issue in this case is whether this Court has jurisdiction to consider the trial court's order vacating an arbitration award and ordering a new arbitration proceeding. In this interlocutory appeal, William F. Stolhandske...
City of El Paso v. Hernandez - 3/16/2000
Pedro Hernandez, Individually and on behalf of all statutory beneficiaries of the Estate of Andrea Hernandez, Deceased (Appellees), brought this negligence case under the Texas Tort Claims Act based on an allegation that the delay in...
Denton County - 3/16/2000
Introduction
Denton County (the "County") brings this interlocutory appeal from the trial court's order denying its motion for summary judgment. In May of 1996, Collette Johnson ("Johnson") filed a workers' compensation...
Barlow v. Methodist Hospitals of Dallas - 3/13/2000
In this medical malpractice case, appellants Shirley Barlow and Rita Hill, Individually and as Representatives of the Estate of Lodric Jones Tidwell, challenge the trial court's summary judgment in favor of Methodist Hospitals of...
Texas Farmers Insurance Company v. Fruge - 3/9/2000
OPINION ON MOTION FOR REHEARING
In response to the motion for rehearing filed by Texas Farmers Insurance Company, we withdraw our opinion of January 27, 2000, and substitute the following in its place.
This case raises...
Trimble v. Bennett - 3/9/2000
This is an appeal from the trial court's order dismissing appellant's suit as frivolous or malicious under Tex. Civ. Prac. & Rem. Code § 14.003. We affirm.
Appellant is a prison inmate at the Darrington Unit of the Texas...
Foreman v. Security Insurance Company of Hartford - 3/9/2000
This is an appeal from a judgment of the district court affirming a decision of the Workers' Compensation Commission appeals panel refusing Denise Foreman's request to redistribute workers' compensation benefits. We affirm the...
Reed v. Star Chevrolet-Buick - 3/7/2000
Aubrey Reed, individually and as next friend of Cody Reed and Ashley Reed, Minors, and Elena Jackson (collectively "Reed") appeal a summary judgment in favor of Star Chevrolet-Buick, Inc. (Star). Reed sued Star for negligence after...
Metromarketing Services - 3/2/2000
This breach of contract cas e arises out of an oral agreement for payment of commissions on business referrals. At issue is the enforceability of the agreement under the "Sales Representatives" statute and the viability of defenses...
Southern County Mutual Insurance Co. v. Ochoa - 3/2/2000
Southern County Mutual Insurance Co. and Trinity Universal Insurance Co. (collectively "Trinity") appeal from a final summary judgment against them for $40,000 policy limits on an automobile liability policy, plus the interest that...
Osborne v. Martin - 3/2/2000
Michael Wayne Osborne filed suit pro se against Port Arthur Home Health and Arsenio Martin, M.D. for medical malpractice. Osborne is the grandson of Sarah Osborne, a patient of Martin's who died at the age of 94 following treatment...
Mid-Century Insurance Company v. Childs - 2/29/2000
This is an appeal from a declaratory judgment in which the court declared that Mid-Century Insurance Company is obligated to defend Alton Childs in a personal injury lawsuit pending against him. The parties stipulated to the facts....
Guerra v. Wilson - 2/29/2000
Opinion by:Phil Hardberger, Chief Justice
Delivered and Filed:February 29, 2000
AFFIRMED
This case grows out of a rear-end automobile wreck. Sylvia Barahona Guerra ("Guerra") struck Norman Wilson's ("Wilson") car from...
Davis v. City of Palestine - 2/28/2000
APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT OF ANDERSON COUNTY, TEXAS
Harold and Patricia Davis ("the Davises") appeal the trial court's summary judgment granted in favor of the City of Palestine ("the City") on the Davises'...
Henderson v. Autozone - 2/28/2000
APPELLANTS' MOTION FOR REHEARING OVERRULED, OPINION OF MAY 11, 2000,WITHDRAWN, AND CORRECTED OPINION ISSUED SEPTEMBER 28, 2000.
This is an appeal from a take nothing judgment in appellants' products liability suit against...
Nash v. Selinko - 12/23/1999
Appellants Billy Nash and Michael Lee Downy filed suit against Dr. Vera Selinko and Sun Belt Regional Medical Center (Sun Belt) for loss of parental consortium based on alleged malpractice committed against their father, Gary Nash....
Flores v. Law - 12/23/1999
This is a dispute regarding the constitutionality of section 101.106 of the Texas Tort Claims Act. Appellant, Bertha Flores, brings an interlocutory appeal after an adverse ruling on her motion for summary judgment based on the...
Hanks v. City of San Antonio - 12/22/1999
Opinion by:Tom Rickhoff, Justice
Delivered and Filed:December 22, 1999
REVERSED AND REMANDED
This suit arises out of a deadly automobile collision involving an on-duty police officer responding to an emergency call....
Pritchard v. Johnson - 12/16/1999
Appellant, the law firm of Brewer & Pritchard, P.C. ("B&P;), sued James W. Chang, a former associate with the firm, and Nick Johnson, Chang's friend and current law partner, alleging breach of fiduciary duty, civil...
Biggs v. GSC Enterprises - 12/16/1999
Introduction
In this personal injury case, Jerry Biggs appeals from a jury verdict that awarded him damages for past medical expenses and lost earning capacity but nothing for physical pain, mental anguish, or physical...
Mayfield v. Ivey - 12/15/1999
Candace and Jeff Mayfield sued Jack L. Ivey, M.D., and Presbyterian Healthcare Center of North Texas d/b/a Presbyterian Hospital of Plano (Presbyterian). The trial court granted Presbyterian's motion to dismiss before trial. The...
Frozen Food Express Industries - 12/14/1999
These are cross-appeals in a personal injury action. The appellee, Clarence Grippe, was an independent contractor for FFE Transportation Services, Inc. (Services) when he sustained injuries in a fall from a trailer owned by Services....
Manning v. Alcatel Network Systems - 12/14/1999
Velma Manning appeals the trial court's order granting summary judgment in favor of Alcatel Network Systems, Inc. (Alcatel) on her employment discrimination cause of action. In her second point of error, appellant contends the trial...
Bailey v. Schaars - 12/14/1999
In this personal injury suit, Erica Bailey appeals from a summary judgment granted in favor of Connor Schaars. In four points of error, appellant contends the trial court erred in rendering summary judgment because:
(1) issues...
Huckaby v. A.G. Perry & Son - 12/14/1999
Rick Huckaby and Jeri Boyd, as the parents of Joshua Huckaby and as the legal representatives of his estate (the Huckabys), appeal from a take-nothing judgment in a wrongful death and survival action. They contend that Joshua...
In re Dallas County Hospital District - 12/13/1999
Justice Wright
This is an original mandamus proceeding instituted by Dallas County Hospital District d/b/a Parkland Memorial Hospital (Parkland) against the trial judge for the 162nd Judicial District Court. Parkland seeks a...
Gonzales v. Trintiy Industries - 12/9/1999
Petition for review denied March 30, 2000.
HENRY GONZALES; JOANN MOYA; ROSANNE GONZALES; VICTOR MARTINEZ; WILLIAM R. MORRIS, INDIVIDUALLY AND AS NEXT FRIEND OF JAMES MORRIS; JOSIE MORRIS; AND VIRGINIA MORRIS, INDIVIDUALLY AND AS...
Rivas v. City of Houston - 12/9/1999
This appeal stems from an order granting a motion for judgment notwithstanding the verdict based onofficialimmunity. Appellants, Evenor Rivas and Continental Casualty Insurance Co., present two issues for our review. First, whether...
City of Baytown v. - 12/9/1999
On September 23, 1999, we withdrew our previous opinion in this appeal, and we now issue the following one in its place.
This case involves the relationship between sections 101.021(2) and 101.060(a)(2) of the Texas Tort Claims...
City of Houston v. Fagan - 12/2/1999
The City of Houston and Gary Michael Storemski, a Houston Police Officer, bringthis appealfrom the denial of a motion to dismiss for lack of jurisdiction, and, in the alternative, a motion for summary judgment. We affirm.
On...
Cartlidge v. Hernandez - 12/2/1999
The issue in this case involves the validity of the assertion of in personam jurisdiction over a non- resident attorney. Appellees Aida Hernandez and Martha Kolpek sued Blaine Cartlidge (Cartlidge) in Harris County asserting legal...
City of Houston v. Mendoza - 12/2/1999
The City of Houston (City) appeals the denial of a motion for summary judgment based on sovereign immunityderived from the officialimmunity of the police officers involved in a high-speed chase. The trial court denied this motion. ...
Hyer v. Texas Department of Criminal Justice - 12/2/1999
This is an appeal from the trial court's dismissal for want of prosecution. We affirm.
FACTS
Appellant, Joe Hyer, filed his original petition on February 27, 1996 pursuant to the Texas Tort Claims Act, alleging that while...
Wilson v. Parks and Wildlife Department - 12/2/1999
On Petition for Review from the Court of Appeals for the Third District of Texas
Holding that the jury was not properly instructed on the elements of the plaintiffs' cause of action, the court of appeals remanded this case for a...
Smith v. Capriotti - 12/2/1999
We are asked to determine if appellant's, Michelle Braswell Smith, medical malpractice claim against Robert Capriotti is barred by limitations. We hold that it is so barred, and affirm the summary judgment rendered for Capriotti. ...
Frost National Bank v. Heafner - 12/2/1999
Frost National Bank f/k/a National Bank of Commerce (Frost), the defendant below and appellant here, appeals from a jury verdict in favor of Mary Heafner, the plaintiff below and appellee here. We affirm in part and reverse in part. ...
Guzman v. Synthes - 12/1/1999
Opinion by:Sarah B. Duncan, Justice
AFFIRMED
Javier and Julia Guzman appeal the trial court's take-nothing judgment against them in their product liability suit against Synthes. The Guzmans argue the trial court erred in...
Cruz v. Hinojosa - 12/1/1999
Opinion by:Karen Angelini, Justice
Concurring opinion by: Catherine Stone, Justice
AFFIRMED
Nature of the case
Elodia Cruz, Individually and as Next Friend of Dee D. Cruz, A Minor Child (collectively referred to...
Almaguer v. Jenkins - 11/30/1999
Opinion by:Tom Rickhoff, Justice
AFFIRMED
Jeanette C. Almaguer appeals an order granting summary judgment on behalf of Douglas W. Jenkins, M.D. Almaguer sued Jenkins for medical malpractice and common law negligence...
Peavy v. Texas Home Management - 11/30/1999
Appellants, Edith Carol Peavy and O.L. Peavy, individually and as personal representative of the estate of Elizabeth Ann Peavy, deceased, appeal the rendition of summary judgment in favor of appellee, Texas Home Management, Inc....
Ford Motor Company v. Ozuna - 11/30/1999
Opinion by:Alma L. López, Justice
AFFIRMED AS REFORMED
The Ozunas sought recovery for property damages to their home caused by a fire. Both sides appeal the judgment, raising issues concerning unauthenticated documentary...
Parker v. State Farm Mutual Automobile Insurance Co. - 9/23/1999
This Court affirmed the trial court's judgment on July 22, 1999, and ordered sanctions against appellant. Rehearing was granted on appellant's motion, and the July 22, 1999, opinion is withdrawn. We substitute this opinion in its...
Quanaim v. Frasco Restaurant & Catering - 9/23/1999
The appellant, a personal injury plaintiff in the court below, seeks reversal of three summary judgments rendered in favor of the defendant/appellee. In a challenge to this court's appellate jurisdiction, the appellee moves for...
Steinkamp v. Arreola - 9/23/1999
This is an appeal from the trial court's summary judgment in favor of the defendant nurse and her employer on the plaintiff's nursing negligence claims. We affirm in part, and we reverse and remand in part.
FACTS
On...
Hampton v. University of Texas-M.D. Anderson Cancer Center - 9/23/1999
This is an appeal from the trial court's order granting a plea to the jurisdiction based on sovereign immunity. We reverse the trial court's order and remand the cause.
Nature of the Case
Marcia Hampton, individually, and...
City of San Antonio v. Valadez - 9/22/1999
ON APPELLEE'S MOTION FOR REHEARING
APPELLEE'S MOTION FOR REHEARING GRANTED; AFFIRMED AS REFORMED
Appellee's motion for rehearing is granted. We withdraw the opinion and judgment issued February 10, 1999 and substitute this...
Batten v. Estate of Swope - 9/16/1999
Marilyn Batten, individually, and Mark Richard Batten, as executor of Roy Swope's estate, appeal the take-nothing summary judgment rendered against their negligence and wrongful death claims brought against Kenneth E. Hunt, M.D. The...
Gross v. Kahanek - 9/16/1999
On Petition for Review from the Court of Appeals for the Fourth District of Texas
Timothy and Nancy Kahanek, individually and on behalf of their daughter Kyndil's estate, sued Dr. Sheldon Gross, alleging that drug treatment...
Sanders v. State - 9/10/1999
After hearing his pleas of guilty, a jury found appellant James Howard Sanders, II, guilty of robbery and aggravated robbery. See Tex. Penal Code Ann. §§ 29.02, .03 (West 1994). The jury assessed punishment for these offenses at...
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