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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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Nguyen v. Kim - 9/9/1999
At issue in this case is the propriety of the trial court's dismissal of a medical malpractice lawsuit based on the plaintiffs' failure to timely comply with the expert report requirements of the Texas Medical Liability Act (the...

Tibbetts v. Gagliardi - 9/9/1999
Margaret E. Tibbetts (Appellant) brought this action against Michael Gagliardi, M.D., Robert Stephn Grayson, D.O., Turuvekere H. Jayaram, M.D., Kirit K Pandya, M.D., and Kirit K. Pandya, M.D., P.A. (individually or collectively as...

Mellon Mortgage Co. v. Holder - 9/9/1999
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas Argued on January 12, 1999 Justice Abbott delivered a plurality opinion, in which Justice Hecht and Justice Owen join. Justice...

In re M.J.L. - 9/8/1999
AFFIRMED AS MODIFIED Nature of the case A jury found that M.J.L. engaged in delinquent conduct by committing criminal mischief. Following a Disposition hearing, the court placed M.J.L. on juvenile probation until his...

Kimber v. Sideris - 9/8/1999
By this appeal of their medical malpractice action, appellants John Kimber and Shawn Kimber, individually, and as next friends of Julia Kimber, a minor (the Kimbers) challenge the trial court's order granting summary judgment in favor...

In re Cobb - 9/7/1999
Writ of Mandamus Denied, Opinion and Order issued September 7, 1999 OPINION AND ORDER In this original proceeding, James F. Cobb, a nonparty in the underlying litigation, contends the trial court abused its discretion in...

Korn v. Simmons - 9/3/1999
Andrew R. Korn appeals the trial court's award of a guardian ad litem fee. The trial court appointed Korn as guardian ad litem to represent the interests of two minor children, LaTonya and Jocelyn Jarvis, when their mother, Joyce,...

Farris v. State - 9/2/1999
After the jury found appellant, Carl Dwayne Farris, guilty of two separate charges of bribery of a police officer, the court sentenced him to concurrent prison terms of twelve years on each charge. We affirm. Appellant, who was...

Gill v. Texas Department of Criminal Justice - 8/31/1999
Anthony E. Gill, the plaintiff below and appellant here, appeals a summary judgment rendered in favor of the Texas Department of Criminal Justice, Institutional Division, the defendant below and appellee here (the TDCJ). We affirm. ...

University of Texas Medical Branch Hospital v. Hardy - 8/31/1999
Darcy Hardy, individually and as representative of the estate of Dorothy Walsh, appellee, brought a wrongful death and survival suit against The University of Texas Medical Branch Hospital at Galveston ("the hospital"), appellant,...

Randall v. Texas Department of Criminal Justice Employees - 8/31/1999
Appellant, Julian Arthur Randall, Jr., an inmate at the Darrington Unit, Texas Department of Criminal Justice - Institutional Division (TDCJ-ID), appeals pro se as an indigent to challenge a summary judgment in favor of Darrington...

Serv-Air - 8/31/1999
Honorable John D. Gabriel, Judge Presiding Opinion by: Alma L. López, Justice AFFIRMED AS MODIFIED This is a wrongful death and survivorship case arising from an airplane crash in which all eight aboard were killed....

Lowe v. Teator - 8/30/1999
Justice Morris In this medical malpractice case, we are once again faced with determining the finality of a summary judgment in light of the dictates set down by the Texas Supreme Court. After reviewing recent authority issued...

Lee Lewis Construction - 6/29/1999
Lee Lewis Construction, Inc. (LLC) appeals from a final judgment 1) awarding damages against it to Norma Harrison, individually and as the next friend of her children Sumer Dawn and Jimmy Thor Harrison, and May and Sellie Harrison...

Martinez v. Lakshmikanth - 6/24/1999
This is an appeal from the trial court's dismissal with prejudice of appellants Marta and Pedro Martinez's health care liability claim. The Martinezes filed suit against appellees, Drs. Bangalore Lakshmikanth and She Ling Wong (the...

Sprick v. Sprick - 6/24/1999
This is an appeal from the division of the community property estate by the trial court in a divorce proceeding. We affirm. Michael A. Sprick ("Michael") sued Linda Diane Sprick ("Linda") for divorce in September 1996 alleging...

Thapar v. Zezulka - 6/24/1999
On Petition for Review from the Court of Appeals for the First District of Texas Argued on November 18, 1998 The primary issue in this case is whether a mental-health professional can be liable in negligence for failing to...

Ingersoll-Rand Co. v. Valero Energy Corp. - 6/24/1999
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas Argued on October 21, 1998 Justice Owen did not participate in the decision. Valero sued Kellogg and Ingersoll-Rand for damages...

Pun v. Rachels - 6/24/1999
OPINION This is a personal injury suit arising from a car accident. Tai Yan Pun and Pui Sim Wang appeal a summary judgment in favor of Kenneth Rachels a/k/a Kenneth Justin Rachels a/k/a Justin Rachels. In three points of error,...

Kroger Co. v. Betancourt - 6/24/1999
Petition for review denied November 4, 1999. THE KROGER COMPANY, APPELLANT v. JUAN BETANCOURT AND WIFE, IRENE BETANCOURT, APPELLEES On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No....

Perez v. Todd Shipyards Corp. - 6/24/1999
OPINION This case was resolved in the trial court by summary judgment. Janie Perez, Individually and as Representative of the Estate of Guadalupe G. Garcia, Decedent, Elisa G. Herrera, Mary G. Alcorta, Esther G. Baxley, Modesta...

Zapata v. Children's Clinic - 6/24/1999
Appellants, Enedina Zapata and Oscar Lozano ("Zapata"), appeal the granting of a "no-evidence summary judgment" in favor of The Children's Clinic, Dr. Tom McNeil, and Dr. Joseph Oshman (the "Clinic"). Zapata brought suit against the...

Texas Health Enterprises Inc. v. Geisler - 6/24/1999
I. INTRODUCTION In this appeal, we are primarily asked to decide whether the Medical Liability and Insurance Improvement Act caps the amount of punitive damages a claimant may collect. We hold that it does not. In response to...

In re Western Aircraft Inc. - 6/23/1999
Concurring opinion by: Paul W. Green, Justice Sitting: Alma L. López, Justice Paul W. Green, Justice Karen Angelini, Justice PETITION FOR WRIT OF MANDAMUS DENIED Relators are defendants in wrongful death...

Terrace v. City of Texarkana - 6/21/1999
Tanglewood Terrace, Ltd. (TTL), builder and owner of the Tanglewood Terrace apartment complex, sued the City of Texarkana, Texas d/b/a Texarkana Water Utilities (TWU) for $54,211.30 in alleged overcharges for the period covering 1976...

Chilkewitz v. Hyson - 6/17/1999
On Petition for Review from the Court of Appeals for the Fifth District of Texas Argued on December 8, 1998 Justice Owen delivered the opinion of the Court in which Chief Justice Phillips, Justice Hecht, Justice Enoch,...

Collier v. State - 6/16/1999
This case presents the following question: If, on appeal by a convicted defendant, a court of appeals finds that the evidence is insufficient to support the conviction but sufficient to support conviction of a lesser included offense...

Sanchez v. Braden - 6/11/1999
In this personal injury suit, appellant Luis Sanchez appeals the trial court's take-nothing summary judgment in favor of appellee Steven Kenneth Braden. In a single point of error, Sanchez argues that the trial court erred in...

Wal-Mart Stores Inc. v. Ard - 6/10/1999
This appeal arises from a premises liability cause of action filed by Ruby and J.C. Ard against Wal-Mart Stores, Inc. Ruby was injured when a portable basketball goal at the Wal-Mart Store in Woodville, Texas, fell over, striking her...

Mills v. Angel - 6/10/1999
OPINION David and Brenda Mills and their daughters, Lauren and Jessica Mills, appeal an instructed verdict granted in favor of Bayshore Medical Center, Inc. and Pasadena Bayshore Hospital, Inc. (Hospital), in their direct...

Lombardo v. Traughber - 6/10/1999
Thomas A. Lombardo brought suit against Sam H. Traughber alleging slander, civil conspiracy and various acts of negligence. The trial court granted summary judgment in favor of Traughber. Lombardo brings five issues on appeal. ...

Catterson v. Martin - 6/10/1999
On Petition for Review from the Court of Appeals for the First District of Texas In determining that the Texas Constitution's open courts provision protects the Martins' wrongful death and survivorship claims from the bar of...

Hyundai Motor Co. v. Rodriguez - 6/10/1999
On Application for Writ of Error to the Court of Appeals for the Thirteenth District of Texas Argued on November 18, 1998 The sole question here before us is this: when claims for breach of an implied warranty and strict...

Vaghela v. Dallas Area Rapid Transit - 6/9/1999
Lalji Vaghela sued Dallas Area Rapid Transit (DART) for damages, alleging she was a passenger on a DART bus and was thrown forward and injured when the bus driver braked suddenly. DART moved for summary judgment on the ground, among...

Rosenboom Machine & Tool Inc. v. Machala - 6/3/1999
This is an appeal from a personal injury action where a jury awarded appellee, Josephine Machala ("Josephine"), a $279, 526.04 judgment. Appellants contend: (1) the trial court erred in refusing to submit a determination of...

Neal-Moreno v. Kittrell - 5/28/1999
The Court withdraws its order of September 16, 1999, denying the petition for review; the petition is reinstated to the Court's active docket. The Court will not rule on the petition until the court of appeals disposes of all pending...

Security Life of Denver Insurance Co. v. Ferguson - 5/28/1999
In this case we must determine whether the trial court erred in granting certification as a class action. Security Life of Denver Insurance Company brings this interlocutory appeal from an order certifying a class of more than 1400...

Lee v. Boynton - 5/27/1999
Elizabeth Boynton brought suit against Wilford Lee, individually, and Wilford Lee, Inc., d/b/a Willee's Discount Foods (Willee's) to recover damages for personal injury. Based upon the jury verdict, judgment was entered in favor of...

Williams v. Jasper Exterminating Co. - 5/27/1999
The issue in this case is whether or not the trial court abused its discretion in ordering death penalty sanctions and dismissing appellant's suit because of an attorney's cavalier disregard of court orders compelling discovery. We...

Stewart v. Beaumont Aerie Number 116 - 5/27/1999
Leola Stewart and Stanley Stewart brought a personal injury suit against Beaumont Aerie 116, Fraternal Order of Eagles, Inc. (the Eagles). The jury returned a verdict in favor of the Stewarts. The trial court granted the Eagles'...

Vickery v. Vickery - 5/27/1999
On Petition for Review from the Court of Appeals for the First District of Texas Justice Hecht, Dissenting from the denial of the petition for review. The lower courts in this case awarded mental anguish damages and...

In re Cobos - 5/27/1999
Relators Arturo and Julia Cobos and the City of Edinburg petition this Court for a writ of mandamus compelling the Honorable Rose Reyna, Judge of the 206th Judicial District Court of Hidalgo County, Texas, to dismiss the underlying...

Jones v. Beech Aircraft Corp. - 5/26/1999
REVERSED AND REMANDED This accelerated appeal was generated by the trial court's order sustaining a special appearance by Beech Aircraft Corporation, a Kansas aircraft manufacturer. The underlying wrongful death action, alleging...

In re Team Transport Inc. - 5/21/1999
This mandamus proceeding involves a discovery dispute arising out of a personal injury lawsuit. Relator, Team Transport, Inc., complains the trial court clearly abused its discretion by ordering relator to produce a certain letter...

Deruy v. Garza - 5/19/1999
REVERSED AND REMANDED Elizabeth DeRuy appeals the trial court's granting of summary judgment in favor of Dr. Homero Garza on her medical malpractice claim. In a sole point of error, DeRuy argues that the trial court erred in...

Gomez v. Try City Community Hospital - 5/19/1999
Dissenting opinion by: Sarah B. Duncan, Justice REVERSED AND REMANDED Appellants appeal a summary judgment in favor of appellee, Tri City Community Hospital, Ltd. ("Hospital"), in a medical malpractice action. The trial...

In re Texas Tech University Health Sciences Center - 5/17/1999
By this original proceeding, relator Texas Tech University Health Sciences Center, (TTUHSC) seeks a writ of mandamus to compel respondent, the Honorable Patrick A. Pirtle, Judge of the 251st Judicial District Court of Potter County, to...

Holtschult v. Savin - 5/14/1999
Appellant Susan Holtschult, individually and as next friend for her daughter Brean, appeals the trial court's summary judgment that she take nothing from appellee Michael Savin, M.D. in this medical malpractice suit. In one point of...

Gulf Metals Industries Inc. v. Chicago Insurance Co. - 5/13/1999
Appellants Gulf Metals Industries, Inc., Gulf Reduction Corporation, and Gulf Reduction Corporation as a successor to Southern Zinc Company appeal the district court's grant of summary judgment in favor of appellees, all of whom at...

Bright v. Dow Chemical Co. - 5/6/1999
This is an appeal from a summary judgment for the defendant in a personal injury case involving premises defect and negligence issues. We reverse. FACTS Plaintiff Larry Bright, Jr., was employed as a carpenter by Gulf...

Trigo v. Munoz - 5/6/1999
Appellant Manuel Trigo suffered a take-nothing summary judgment following his intervention in a lawsuit in which appellee law firm, Muñoz, Hockema & Reed, L.L.P. (Muñoz) was a third-party defendant. Trigo complains the trial...

Sung Man Min and Ann Min v. Avila - 5/6/1999
Appellants, Sung Man Min and Ann Min, appeal a summary judgment granted on limitations after the trial court set aside a default judgment by granting a bill of review. We affirm. Background A. The Underlying Case ...

Vogel v. Bellows-Blakely - 5/5/1999
Michael Jonathon Vogel, Philip Harrison Vogel, Betsy June Vogel, Lisa Vogel Haffner, and Cynthia R. Vogel (the Vogels) appeal the trial court's sustaining the special appearances filed by Dr. David S. Bellows-Blakely and Dr. Donald...

Broom v. MacMaster - 5/3/1999
On the last day before the statute of limitations was to run on her claims, Linda J. Broom filed a medical malpractice suit against Dr. Benzel C. MacMaster and Presbyterian Hospital of Dallas. Broom did not, however, provide...

University of Texas Health Science Center v. Mata & Bordini Inc. - 4/30/1999
AFFIRMED This appeal presents the question of whether a private attorney may recover attorney's fees and expenses of litigation out of a self-insuring governmental entity's workers' compensation subrogation lien. We answer this...

Magee v. Ulery - 4/29/1999
Appellants are the surviving spouse, children, and mother of Dan Magee, deceased. They sued the estate of Dr. Jacques Goldberg, deceased, for medical malpractice arising out of the emergency treatment of Dan Magee (Magee) by Dr....

Temple-Inland Products Corp. v. Carter - 4/29/1999
On Application for Writ of Error to the Court of Appeals for the Ninth District of Texas Argued on October 21, 1998 The sole issue in this case is whether a person who has been exposed to asbestos but does not have an...

Arlington Memorial v. Baird - 4/29/1999
FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY OPINIO Introduction Arlington Memorial Hospital Foundation, Inc. d/b/a Arlington Memorial Hospital ("Arlington Memorial") appeals the jury verdict for Johnny W. Baird...

Lopez v. Texas Property & Casualty Insurance Guaranty Association - 4/29/1999
Appellants Judy Lopez and Adelaida Lopez, Individually and as Successors in Interest of Domingo Garcia, Jr., sued appellee Texas Property & Casualty Insurance Guaranty Association ("Guaranty Association") for tender of all...

Admiral Insurance Co. v. Trident NGL Inc. - 3/25/1999
This case involves the interpretation of a commercial general liability insurance policy. The appeal is from the grant of the additional insured's motion for summary judgment, and the denial of the insurer's cross-motion for...

Capshaw v. Texas Department of Transportation - 3/25/1999
Becky Capshaw was killed in an automobile accident in El Paso, Texas on June 8, 1994. Her family sued Danny Herman Trucking, Inc., the Texas Department of Transportation f/k/a State Department of Highways and Public Transportation...

Lalonde v. Dsm-Copolymer - 3/25/1999
Verna LaLonde, as a representative of the Estate of John D. LaLonde, brought a petition for bill of review against appellees DSM-Copolymer, Inc., Monsanto Company and Stauffer Chemical Corporation (Rhone-Poulenc Inc. is Stauffer's...

Douglas v. Delp - 3/25/1999
On Petition for Review from the Court of Appeals for the Second District of Texas Argued on September 8, 1998 Billy and Gertrude Delp sued Benjamin A. Douglas and Douglas, Kressler & Wuester, P.C., (collectively DKW)...

Hall v. Timmons - 3/25/1999
Kenny Timmons filed suit against his employer, SiBon Beverage Corporation, for personal injuries. (SiBon does not subscribe to Texas Workers' Compensation.) Timmons' suit also named Robert Hall, chairman of SiBon, claiming alter ego...

Lane v. State Farm Mutual Automobile Insurance Co. - 3/18/1999
Patricia Merritt Lane appeals from an adverse summary judgment in her suit against State Farm Mutual Automobile Insurance Company. Lane sued State Farm for breach of contract, breach of the common law duty of good faith and fair...

Williams v. Clarke - 3/18/1999
Bettie M. Williams brought suit against Henri D. Clarke, M.D. for medical malpractice. Dr. Clarke filed a motion for summary judgment which was granted by the trial court. Williams appeals the trial court's judgment raising three...

Roberts v. Medical City Dallas Hospital Inc. - 3/17/1999
Clovis and Juanita Roberts appeal from the order dismissing their medical malpractice action based on their failure to provide expert reports pursuant to the requirements of the Texas Medical Liability and Insurance Improvement Act....

United-Bilt Homes Inc. v. Clark - 3/11/1999
Darryl and Melissa Clark sued United-Bilt Homes, Inc. (United) for various construction defects in a home built by United. The Clarks brought their action pursuant to three separate claims of liability: breach of contract, the...

North American Refractory Co. v. Easter - 3/11/1999
North American Refractories Company ("NARCO") appeals a jury verdict awarding damages to appellees for personal injuries and loss of consortium claims arising out of exposure to asbestos containing products manufactured by NARCO. In...

Texas Parks and Wildlife Department v. Davis - 3/11/1999
N MOTION FOR REHEARING The opinion and judgment filed herein on December 10, 1998, are withdrawn, and the following opinion is issued in lieu of the original one. Appellee, Ernest Ray Davis, Jr., sued appellant, Texas Parks...

Henson v. Texas Farm Bureau Mutual Insurance Co. - 3/8/1999
AT AMARILLO Judges E The question presented by this appeal is whether an injured motor vehicle passenger, who was not paid uninsured/underinsured motorist damages until he established he was legally entitled to recover...

[W] Utts v. Short - 3/4/1999
Petition for review granted November 4, 1999. OPINION WITHDRAWN February 28, 2002. STEPHEN JAMES UTTS, M.D., APPELLANT v. DENNIE SHORT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CLIFTON SHORT, DECEASED; NORMA L. SHORT;...

Klenk v. Bustamante - 3/3/1999
OPINION ON REHEARING MOTION TO CORRECT JUDGMENT GRANTED; MOTION FOR REHEARING DENIED This Court's judgment of December 16, 1998 is withdrawn, and the amended judgment dated March 3, 1999 is substituted. On rehearing,...

Herrera v. City of San Antonio - 3/3/1999
AFFIRMED Anna Herrera appeals a take-nothing judgment rendered in favor of the City of San Antonio in her wrongful death claim. She contends the trial court erred by giving the parties an extra peremptory strike and by admitting...

Bush v. Texas Department of Protective and Regulatory Services - 12/31/1998
Henry Bush and Joyce L. Bush, as next friends of Amanda Bush, Amber Bush, and Sarah Bush, minors and surviving siblings of Maranda Bush, deceased, (collectively "the Bushes") appeal the trial court's dismissal of their personal...

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