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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State Farm Mutual Automobile Insurnace Co. v. Traver - 12/31/1998
On Application for Writ of Error to the Court of Appeals for the Second District of Texas
Argued April 24, 1997
Chief Justice Phillips delivered the opinion of the Court, in which Justice Hecht, Justice Enoch, Justice...
Camp v. Harris Methodist Fort Worth Hospital - 12/31/1998
I. Introduction and Procedural History
Leslie Camp, individually and as representative of the estate of Karen Gothard Camp, Paul M. King, Mavis King, and Donald Gothard appeal from an adverse judgment on their claims under the...
Rocky Mountain Helicopters Inc. v. Lubbock County - 12/31/1998
On Petition for Review from the Court of Appeals for the Seventh District of Texas
Argued on October 21, 1998
The principal question before us is whether legally sufficient evidence supports a jury's finding that Rocky...
Standard Fruit and Vegetable Co. v. Johnson - 12/31/1998
On Petition for Review from the Court of Appeals for the First District of Texas
Argued on September 10, 1998
In this case, we again explore the parameters of the tort of intentional infliction of emotional distress. A...
Petta v. Rivera - 12/30/1998
This is an appeal from a take-nothing summary judgment. Melinda Petta sued appellees, The Texas Department of Public Safety (DPS) and one of its officers, Adrian Rivera, for personal injuries she allegedly received following a...
Thornhill v. Liptak - 12/30/1998
Elizabeth Thornhill and Virgil Liptak divorced in 1993. In 1995, Thornhill filed an original petition for bill of review in which she alleged that Liptak wrongfully obtained a division of property in the divorce. Liptak filed...
Fain v. State - 12/17/1998
ON MOTION FOR REHEARING EN BANC
After granting the State's motion for rehearing en banc, we withdraw the panel opinion and judgment issued March 12, 1998 and substitute this one in its place. This is an appeal from a conviction...
Stewart v. Transit Mix Concrete & Materials Co. - 12/16/1998
James and Frances Stewart appeal a summary judgment granted in favor of Transit Mix Concrete and Materials Company on their causes of action for failure to warn in strict liability, negligence, deceptive trade practices, and breach...
Hatley v. McCarter - 12/16/1998
Appellant Larry Dale Hatley appeals the trial court's judgment, based upon a jury's verdict, terminating his parental rights to his minor daughter. He argues that:
(1) the judgment is fatally defective; (2) the evidence is...
Welder v. Green - 12/10/1998
William O. Green and Amos G. Welder, III, the two partners of the Beeville accounting partnership, Green & Welder, sued each other over issues arising from the dissolution of that partnership. It was a general partnership without...
Wickham v. San Jacinto River Authority - 12/10/1998
This appeal is companion with the appeals of Dexter M. Patterson and Vicki L. Patterson, No. 09-97-134 CV; Charles W. Robinson, Jr. and Kelly R. Robinson, No. 09-97-135 CV; James La Rose, et al, No. 09-97-144 CV; Donald M. Orand and...
Texas Parks and Wildlife Department v. Davis - 12/10/1998
Appellee, Ernest Ray Davis, Jr., sued appellant, Texas Parks and Wildlife Department (the "Department"), for personal injuries he sustained when a concrete bench collapsed under him at Inks Lake State Park, which is operated by the...
Southwestern Bell Telephone Co. v. Ace Transportation Inc. - 12/3/1998
This is an appeal from a final judgment ordering appellant, Southwestern Bell Telephone Company ("Southwestern Bell"), to pay appellee, Ace Transportation, Inc. ("Ace"), $26,148.33 in actual damages. Southwestern Bell brings...
Pruitt v. Box - 12/3/1998
This is an appeal from a summary judgment in favor of the defendant veterinarian in a veterinary negligence case. We reverse the judgment and remand for further proceedings.
FACTS
This is a summary judgment case which,...
Estate of Barrera - 12/3/1998
This is an appeal from a take nothing judgment in a premises liability case based on the wrongful death of Reyes Barrera (Reyes). The Estate of Reyes Barrera, Maria Rangel, Individually and as Next Friend of Moises Barrera, a Minor...
Texas Property and Casualty Insurance Guaranty Association/Southwest Aggregates Inc. v. Southwest Aggregates Inc. - 11/30/1998
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. 97-00767, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING
Southwest Aggregates, Inc. and the Alliance Insurance Company of McPherson, Kansas ("Alliance") appeal...
First General Realty Corp. v. Maryland Casualty Co. - 11/30/1998
ON MOTION FOR REHEARING
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 428,878, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING
We withdraw our original opinion and judgment issued August 13, 1998, and...
Gaon v. Wilkenfeld - 8/27/1998
On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 94-10-03314-CV
Raffi Richard Gaon and Roseanna Barber Gaon, individually and on behalf of their son Daniel Joe Gaon, sued Richard S. Wilkenfeld,...
Voegtlin v. Perryman - 8/27/1998
FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY
This is a medical malpractice case filed by appellants Linda and David Voegtlin in connection with medical treatment provided to Linda from March 17, 1987 through May 13, 1993 by...
City of Fort Worth v. Gay - 8/27/1998
FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY
I. Introduction and Holding
Jeneda M. Gay sued the City of Fort Worth for her personal injuries she sustained when she stepped in water in a street gutter and slipped on the...
Lopez v. Oz - 8/26/1998
From the 229th Judicial District Court, Starr County, Texas
Trial Court No. DC-95-7
Honorable Ricardo H. Garcia, Judge Presiding
Concurring and Dissenting opinion by: Sarah B. Duncan, Justice
REVERSED AND...
982 S.W.2d 472 (Tex.App. Dist.5 08/26/1998)
[1]
Texas Court of Appeals
[2]
No. 05-96-00981-CV
[3]
982 S.W.2d 472 - 8/26/1998
Affirmed and Opinion Filed
On Appeal from the 95th District CourtDallas County, Texas, Trial Court Cause No. 95-5625-D
This is an appeal from a summary judgment in a declaratory action brought by an insurer, Atlantic...
State Farm Mutual Automobile Insurance Co. v. Traver - 8/25/1998
On Application for Writ of Error to the Court of Appeals for the Second District of Texas
Chief Justice Phillips delivered the opinion of the Court, in which justice Hecht, Justice Enoch, Justice Spector, Justice Owen, Justice...
Lamb v. Franklin - 8/25/1998
Irene Lamb (Lamb) appeals a judgment rendered on a jury verdict in her favor on her personal injury suit against Ruby Gaynell Franklin (Franklin), and Allstate Indemnity Company (Allstate). Lamb raises two points of error. Franklin...
Laura T. v. Baylor University Medical Center - 8/21/1998
AFFIRM and
On Appeal from the 192nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 94-13077-K
Laura T. appeals the summary judgment granted in favor of Baylor University Medical Center, Dr. Johanna...
Stolle v. Baylor College of Medicine - 8/20/1998
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 93-00449A
In this medical malpractice suit, appellants, Mark and Melanie Stolle, seek damages from appellees, doctors and hospitals, for...
Villegas v. Griffin Industries - 8/20/1998
Opinion delivered
On appeal from the 28th District Court of Nueces County, Texas.
Appellant, Maria Villegas, individually and as representative of the estate of Jose Villegas, deceased, sued appellees, Griffin Industries,...
Rios v. Northwestern Steel and Wire Co. - 8/20/1998
Affirmed and
On Appeal from the County Court at Law Number 4 Harris County, Texas Trial Court Cause No. 660,700
Appellant, Jose Rios, appeals from a summary judgment granted in favor of appellee, Northwestern Steel and Wire...
Matagorda County v. Texas Association of Counties County Government Risk Management Pool - 8/20/1998
On appeal from the 130th District Court of Matagorda County, Texas.
Matagorda County and Sheriff Keith Kilgore (Collectively "the County") appeal from a judgment granting to the County's liability insurer, Texas Association of...
Howard v. Fiesta Texas Show Park Inc. - 8/19/1998
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CI-15775
Honorable David Peeples, Judge Presiding
MOTION FOR REHEARING GRANTED; AFFIRMED
Appellants' Motion for Rehearing is granted...
Neeble v. Sepulveda - 8/13/1998
Appellant Billy Lee Neeble appeals from a take-nothing judgment rendered after a jury trial in his medical malpractice suit against appellees Raul Sepulveda, M.D., Woodrow W. Janese, M.D., Andrew P. Kant, M.D., and Houston Northwest...
Crundwell v. Becker - 8/13/1998
On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 90-00429
Dora W. Crundwell sued Drs. Michael Becker and Richard Brown for medical malpractice. After the trial court granted Becker's motion for a...
In re El Paso County Hospital District - 8/13/1998
An Original Proceeding in Mandamus.
This mandamus action involves the issue of improper severance. The El Paso County Hospital District and County of El Paso seek a writ of mandamus vacating the trial court's severance order in a...
Security Finance Corp. v. Blakely - 8/13/1998
On Appeal from the 159th District Court Angelina County, Texas Trial Cause No. 27,480
Appellant Security Finance Corporation (SFC) appeals a verdict in
which the jury found that SFC violated the Workers' Compensation Act ...
Johnson v. City of Carrollton - 8/12/1998
REVERSE and REMAND and Opinion Filed August 12, 1998
On Appeal from the 160th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 95-04079-H
This is an appeal from a take-nothing summary judgment granted in...
Wal-Mart Stores Inc. v. Eileen S. Middleton - 8/12/1998
Dissenting opinion by: Catherine Stone, Justice
REVERSED AND REMANDED
Eileen Middleton was injured in a Wal-Mart store when she tripped on an alleged defect in the floor. Middleton brought a personal injury cause of action...
Friday v. Spears - 8/6/1998
On Appeal from the 276th Judicial District Court
Marion County, Texas Trial Court No. 19-97
Before Cornelius, C.J., Grant and Ross, JJ.
Angela Webb Friday appeals a judgment in favor of Pamela Sue Spears in Friday's...
Ken Petroleum Corp. v. Questor Drilling Corp. - 8/6/1998
CORPUS CHRISTI
On appeal from the 329th District Court of Wharton County, Texas.
Appellants Ken Petroleum Corporation (KEN) and Certain Member Companies at the Institute of London Underwriters (Underwriters), brought suit...
Qualia v. Qualia - 7/31/1998
From the 63rd Judicial District Court of Val Verde County, Texas
Trial Court No. 17,780
Honorable R.L. Eschenburg, Judge Presiding
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
Facts and Procedural Background ...
Greathouse v. McConnell - 7/31/1998
On Appeal from the Probate Court and County Court at Law No. 3 Brazoria County, Texas Trial Court Cause No. 15,797
The case involves a legal malpractice action originally brought by the appellants, Carolyn Greathouse in her...
Minnesota Mining and Manufacturing Co. v. Atterbury - 7/31/1998
ON MOTION FOR REHEARING
On Appeal from the 115th Judicial District Court Upshur County, Texas Trial Court No. 136-94A
This is an appeal from a judgment in favor of four plaintiffs in a products liability and negligence case...
Gaskin v. Titus County Hospital District - 7/31/1998
On Appeal from the 76th Judicial District Court Titus County, Texas
Trial Court No. 26,078
Linda S. Gaskin and her husband, Allen Brent Gaskin, appeal from a summary judgment granted in favor of Titus County Hospital...
Robins v. Kroger Co. - 7/31/1998
On Appeal from the 190th District Court Harris County, Texas Trial Court Cause No. 91-41983C
Appellants, Rhonda Rene Robins, individually and as next friend of Jackie Wayne Robins, Jr, a minor, and Jackie Wayne Robins, Sr....
State v. San Miguel - 7/30/1998
Motion for rehearing of a cause overruled November 4, 1999.
THE STATE OF TEXAS, ET AL., APPELLANTS v. JOHN SAN MIGUEL, ET AL., APPELLEES
Panel consists of Justices Lee, Amidei, and Edelman.
The opinion of the...
Head Industrial Coatings & Services Inc. v. Maryland Insurance Co. - 7/29/1998
Honorable T.C. Chadick, Justice, Supreme Court of Texas (Retired)
Sitting by Assignment
Opinion by Justice Grant
Maryland Insurance Company and Head Industrial Coatings & Services, Inc. once again appeal from the...
Elrod v. Medcare Management Inc. - 6/25/1998
REVERSE AND REMAND, Opinion Filed
Gayla Elrod appeals summary judgments rendered in favor of Medcare Management, Inc. d/b/a Centex Healthcare Centers d/b/a Skyline Nursing Home (Medcare) and Cantex Healthcare Centers d/b/a...
David Barr Realtors Inc. v. Sadei - 6/25/1998
ON MOTION FOR REHEARING
FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 146,484-B, HONORABLE JOE CARROLL, JUDGE PRESIDING
To address certain issues raised in the motion for rehearing we withdraw our...
Harris County v. Garza - 6/25/1998
Harris County, Texas, appeals from a judgment upon a jury verdict for appellees for money damages arising from an automobile accident involving a deputy constable and appellees. In two points of error, appellant contends (1) the trial...
Green Tree Acceptance of Texas Inc. v. McGrath - 6/24/1998
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 91-CI-11455
Honorable John Gabriel, Judge Presiding
AFFIRMED
Appellant, Green Tree Acceptance of Texas, Inc., appeals a judgment...
Estate of Frank G. Puente - 6/24/1998
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 94-CI-13142
Honorable David Peeples, Judge Presiding
AFFIRMED
Plaintiffs sued an anesthesiologist for negligent failure to diagnose...
Kahanek v. Gross - 6/24/1998
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-08425
Honorable Michael Peden, Judge Presiding
Dissenting opinion by: Karen Angelini, Justice
REVERSED AND REMANDED
This...
Reser v. State Farm Fire & Casualty Co. - 6/24/1998
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-16572
Honorable David H. Peeples, Judge Presiding
AFFIRMED
Appellant, Don Reser, was sued on numerous grounds by a former...
Pat Baker Co. v. Wilson - 6/23/1998
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
The issue we are asked to decide is whether, in a case involving several plaintiffs, the fact that an appellate court reverses a judgment in...
Latham v. Castillo - 6/23/1998
On Application for Writ of Error to the Court of Appeals for the Thirteenth District of Texas
Argued on April 23, 1997
In this case, we consider whether an attorney's affirmative misrepresentations to his clients that cause...
Lebreck v. Bank of America Texas - 6/22/1998
AFFIRM
On Appeal from the 14th District CourtDallas County, Texas, Trial Court Cause No. 94-12101-A
Before Justices Lagarde, Ovard, and Roach
Michael LeBreck and Marie LeBreck sued Bank of America Texas, N.A....
In re Brown & Root Inc. - 6/18/1998
FROM THE 116th DISTRICT COURT OF DALLAS COUNTY, TEXAS CAUSE NO. 96-13170
OPINION AND ORDER
Relator contends the trial Judge abused his discretion in denying its motion to compel arbitration on plaintiff's claim for...
Carreiro v. Wiley - 6/18/1998
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Cause No. 94-34994-B
Brian M. Chandler, Houston
Robert Carreiro (the plaintiff), appeals from summary judgment granted in a lawsuit...
Lowe v. Lowe - 6/18/1998
On Appeal from the 300th Family District Court Brazoria County, Texas Trial Court Cause No. 95B0118
Kerri Lowe ("Mrs. Lowe") appeals a default judgment in favor of Jerome Jason Lowe ("Mr. Lowe") in his suit affecting the parent...
Macias v. Texas Property & Casualty Insurance Guaranty Association - 6/17/1998
From the 166th Judicial District Court of Bexar County, Texas
Trial Court No. 92-CI-15430
Honorable Michael Peden, Judge Presiding
Opinion by: Tom Rickhoff, Justice
Dissenting opinion by: Sarah B. Duncan,...
Gonzalez v. Kinlaw Oil Corp. - 6/17/1998
From the 218th Judicial District Court, Frio County, Texas
Trial Court No. 92-06-00216-CVF
Honorable Stella Saxon, Judge Presiding
Opinion by: Alma L. López, Justice
AFFIRMED
This appeal originated from a...
San Antonio State Hospital v. Koehler - 6/17/1998
Petition for review denied November 4, 1999.
SAN ANTONIO STATE HOSPITAL, APPELLANT v. KIM KOEHLER, APPELLEE
Sitting: Phil Hardberger, Chief Justice Alma L. López, Justice Paul W. Green, Justice
The opinion of the...
Dallas Area Rapid Transit Authority v. Reunion Hotel & Tower Joint Venture - 6/16/1998
Affirmed
On Appeal from the 116th District CourtDallas County, Texas, Trial Court Cause No. 95-12160-F
Dallas Area Rapid Transit Authority (DART) appeals the trial court's denial of its plea to the jurisdiction. In a sole...
Wright v. State - 6/11/1998
On Appeal from the 351st District Court
Harris County, Texas
Trial Court Cause No. 767,587
William Delmore, III, Houston
Pamela Helen Wright, the appellant, contends the trial court violated her constitutional...
Nationwide Mutual Insurance Co. v. Gerlich - 6/10/1998
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-11743
Honorable Andy Mireles, Judge Presiding
Opinion by: Alma L. Lopez, Justice
Dissenting Opinion by: Karen Angelini, Justice...
Tijerina v. Mendoza - 6/10/1998
From the 365th Judicial District Court, Dimmit County, Texas
Trial Court No. 95-04-08339-CV
Honorable Amado Abascal, Judge Presiding
AFFIRMED
The issues of this personal injury case concern juror misconduct, the...
In re Graham - 6/5/1998
On Petition for Writ of Mandamus
Argued on January 7, 1998
Justice Hankinson delivered the opinion for a unanimous Court.
In this original proceeding, we decide whether a statutory probate court has the authority to...
Trevio v. Ortega - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the Thirteenth District of Texas
Argued on December 3, 1997
Justice Baker filed a Concurring opinion.
The issue in this case is whether this Court should...
Hyundai Motor Co. v. Alvarado - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the Fourth District of Texas
Argued on September 3, 1996
Congress passed the National Traffic and Motor Vehicle Safety Act of 1966 "to reduce traffic accidents...
United Services Automobile Association v. Keith - 6/5/1998
On Petition for Review from the Court of Appeals for the Third District of Texas
In these cross-appeals, the court of appeals described this case as one in which it "explore the outer boundaries of the bystander cause of action...
Malone v. Foster - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the Fifth District of Texas
Argued on December 3, 1997
Justice Enoch delivered the opinion of the Court, in which Chief justice Phillips, Justice Gonzalez,...
City of Amarillo v. Martin - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the Seventh District of Texas
Argued on October 9, 1997
Firefighter Brent Clark collided with two vehicles while driving a City of Amarillo fire truck on an...
Owens-Corning Fiberglas Corp. v. Malone - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the First District of Texas
consolidated for oral argument with No. 96-0512
On Application for Writ of Error to the Court of Appeals for the Third District of...
Boren v. Bullen - 6/4/1998
William Boren sued Michael Bullen for medical malpractice. The trial court granted Dr. Bullen's motion for summary judgment and Mr. Boren appeals by one point of error. We affirm.
Mr. Boren challenges the trial court's...
H & R Block Inc. v. Haese - 6/4/1998
On appeal from the 105th District Court of Kleberg County, Texas.
H & R Block, Inc. and others present this interlocutory appeal from an order certifying a class, appointing appellees Ronnie and Nancy Haese ("the Haeses")...
Oliver v. Rogers - 6/4/1998
On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 86-35290
Appellees, S. J. Rogers and N. Jay Rogers, individually and doing business as Texas State Optical have requested the Court to rehear this...
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