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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Gonzales v. Bexar County - 5/29/1998
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 96-CI-14649
Honorable Michael Peden, Judge Presiding
AFFIRMED
Juan Miguel Gonzales appeals from the trial court's grant of Bexar...
Martinez v. H. B. Zachry Co. - 5/21/1998
On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 91-23395
Blanca Martinez, individually and as the adminstratrix of her deceased husband's estate and as the next friend of their children, appeals...
Dilley v. Bhat - 5/21/1998
Our Opinion of April 2, 1998, is withdrawn and this Opinion is substituted.
Appellants' motion for rehearing is denied.
This is an appeal from a take-nothing judgment in a medical malpractice case brought by appellants,...
Weber Energy Corp. v. Grey Wolf Drilling Co. - 5/21/1998
On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 94G1334-2
Weber Energy Corporation appeals from a summary judgment that it take nothing on its claim against Grey Wolf Drilling Company for...
Baptist Memorial Hospital System v. Sampson - 5/21/1998
On Application for Writ of Error to the Court of Appeals for the Fourth District of Texas
Argued December 2, 1997
In this case, we decide whether the plaintiff raised a genuine issue of material fact that defendant Hospital...
Texas Parks & Wildlife Department v. Garrett Place Inc. - 5/18/1998
AFFIRM
On Appeal from the 44th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 96-08205-B
Texas Parks & Wildlife Department (TPWD) appeals the trial court's order denying its plea to the...
Kemlite Co. v. Albright - 5/14/1998
On Appeal from the 60th District Court Jefferson County, Texas
Trial Cause No. B-146,864
This interlocutory appeal arises from the trial court's denial of Kemlite Company, Inc.'s special appearance in a personal injury and...
Horn v. Chambers - 5/8/1998
On Application for Writ of Error to the Court of Appeals for the First District of Texas
Argued on January 8, 1998
The issue in this case is what duty a physician owes to third parties outside the physician-patient...
In re Colonial Pipeline Co. - 5/8/1998
On Petition for Writ of Mandamus
In the case underlying this original mandamus proceeding, 3,275 plaintiffs sued three defendants alleging negligence, nuisance, and trespass as the result of the rupture of four pipelines...
State Farm Fire and Casualty Co. v. Vaughan - 5/8/1998
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas
We consider, in this case, whether State Farm's standard homeowners insurance policy's business pursuits provision excludes coverage for the...
In re Kimball Hill Homes Texas - 5/7/1998
This mandamus proceeding involves a suit for damages brought by several hundred homeowners in the Houston area against Kimball Hill Homes Texas, Inc. and Kimball Hill, Inc., ("Kimball Hill") and Houston Lighting and Power...
Gonzales v. City of El Paso - 5/7/1998
This is an appeal from a summary judgment granted in favor of Appellees. Appellants brought a wrongful death action against Appellees after their daughter was fatally shot. For the reasons stated below, we affirm the decision of the...
Foster v. Estrada - 5/6/1998
Dissenting opinion by: Paul W. Green, Justice
Sitting:
REVERSED AND REMANDED
This appeal originated from a personal injury lawsuit filed by William and Linda Foster to recover damages for injuries sustained by their...
In re J.G. and S.T. - 5/6/1998
AFFIRM
The Texas Department of Protective and Regulatory Services (the Department) petitioned the trial court to terminate the mother's (appellant) parental rights to her two children, J.G. and S.T. The jury found appellant's...
Cain v. Rust Industrial Cleaning Services Inc. - 5/1/1998
H. Lee Cain and Betty Jane Cain, Furniture Crafters, Inc., and Summit Furniture Industries, Inc. (formerly Wood Designs, Inc.), collectively referred to as "Cain," appeal from a summary judgment rendered in favor of Rust Industrial...
Fidelity & Casualty Co. v. Hailes - 4/30/1998
Fidelity & Casualty Company of New York (Fidelity) appeals from the denial of its motion for summary judgment and the granting of summary judgment in favor of Wesley S. Hailes (Hailes), in a suit brought by Hailes for judicial...
Swate v. Schiffers - 4/30/1998
AFFIRMED
This appeal originated from a lawsuit for libel brought by Appellant, Dr. Tommy Swate, against a newspaper reporter, a newspaper and the paper's publisher. In his lawsuit, Swate contended his reputation was injured as a...
Horsley-Layman v. Angeles - 4/29/1998
This is an appeal from the dismissal of a medical malpractice claim against appellee, Fernando Angeles, M.D., pursuant to Article 4590i, ยง 13.01(d) of the Medical Liability and Insurance Improvement Act. The appellants bring two...
Walker v. Roberts - 12/15/1997
Janet D. Walker (Walker) and Barnett O. Walker, Sr. appeal a jury award of damages for personal injuries allegedly received by Walker in a car accident with Myrna Cheree Roberts. In six points of error, appellants contend: (1) the...
Mounts v. St. David's Pavilion - 12/11/1997
Appellant Linda Mounts sued Appellees St. David's Pavilion and others (collectively the "Hospital") in a wrongful death and survivor suit alleging that the Hospital failed to prevent her daughter, Alisha Mounts, from committing...
Murphy v. Campbell - 12/11/1997
On Application for Writ of Error to the Court of Appeals for the Third District of Texas
Argued on September 5, 1996
Justice Hecht delivered the opinion of the Court, in which Chief Justice Phillips, Justice Gonzalez,...
Parks v. Parker - 12/11/1997
In this appeal, we consider (1) whether the trial court abused its discretion in refusing to modify a turnover order directed at the judgment debtor both individually and in his representative capacity as independent executor when the...
City of Tyler v. Likes - 12/11/1997
Chief Justice Phillips delivered the opinion of the Court, in which justice Gonzalez, Justice Hecht, Justice Enoch, Justice Owen, Justice Baker, Justice Abbott, and Justice Hankinson join.
Justice Spector delivered a Dissenting...
Southwestern Refining Co. - 12/11/1997
Southwestern Refining, et al. bring this interlocutory appeal challenging the certification of a class action against them consisting of 904 persons who allegedly suffered personal injuries as a result of a tank explosion at...
Campos v. Saide Co. - 12/10/1997
Delivered and Filed: December 10, 1997
AFFIRMED
This appeal asks this court to reverse and remand for a new trial because the jury in a personal injury case awarded zero damages to the plaintiff. Because we believe the jury...
City of Alamo v. Casas - 12/4/1997
The City of Alamo (hereinafter "the City") brings this appeal from a judgment rendered against it after a jury trial. As next friends of their son Armando Rene Casas (hereinafter "Rene"), and in their individual capacities, Armando...
General Motors Corp. v. Saenz - 11/19/1997
From the 229th District Court of Starr County, Texas
Trial Court No. 9642
Honorable Ricardo Garcia, Judge Presiding
Opinion by: Phil Hardberger, Chief Justice.
Concurring opinion by: Tom Rickhoff, Justice....
General Motors Corporation v. Saenz - 11/19/1997
Dissenting opinion by: Paul W. Green, Justice (dissent to follow)
Delivered and Filed: November 19, 1997
AFFIRMED
INTRODUCTION
This negligence and strict liability lawsuit arose when a 1990 Chevrolet pick-up,...
Mitchell Energy Corporation v. Barlett - 11/13/1997
In this case concerning alleged permanent injury to land, the primary issues we must determine are whether appellees timely filed their lawsuits against appellant Mitchell Energy Corporation (Mitchell) and whether the evidence...
McClure v. Landis - 11/13/1997
Rhonda Cramer McClure appeals from a judgement dismissing with prejudice her medical-malpractice action against her physician, Henry Landis, and Interim Physicians, Inc. We will reverse the judgement and remand the cause to the trial...
Katerndahl v. State Farm Fire and Casualty Co. - 11/12/1997
Delivered and Filed: November 12, 1997
AFFIRMED
David Katerndahl and Debra Henderson appeal the granting of summary judgment in favor of State Farm in their suit against State Farm for breach of contract. In sixteen points...
Mosby v. Goettee - 10/30/1997
Appellants, Richard and Ema Mosby, appeal the entry of judgment in favor of James Goettee on a promissory note executed by the Mosbys in favor of Goettee. We affirm.
BACKGROUND
In January 1985, the Mosbys purchased a...
Sowards v. Yanes - 10/30/1997
This is an appeal from a medical malpractice case. In four points, Appellants Mollie and G.A. Sowards allege that the trial court erred (1) in overruling their objection to the trial court's finding that juror Christopher Obregon was...
Littlefield v. Schaefer - 10/30/1997
On Application for Writ of Error to the Court of Appeals for the Fifth District of Texas
Justice Abbott delivered the opinion of the Court, in which Chief Justice Phillips, Justice Gonzalez, Justice Hecht, Justice Spector and...
Galin v. Packard - 9/24/1997
September 24, 1997
Honorable Charles W. Barrow, Judge Presiding
Opinion by: Karen Angelini, Justice
Delivered and Filed: September 24, 1997
REVERSED AND REMANDED
This appeal arises from the granting of...
Texaco - 9/24/1997
Delivered and Filed:September 24, 1997
REVERSED AND RENDERED
Appellant, Texaco, Inc., appealed by writ of error after suffering an adverse judgement based on indemnification in a personal injury action. We dismissed the...
Loyd v. Eco Resources - 9/18/1997
Appellants, Joseph Loyd, Individually and as Class Representative, Jo Ann Martin, Executrix of the Estate of Joseph Green, Deceased, the Certified Class of Plaintiffs and Pulte Home Corporation, appeal summary judgments granted in...
Pate & Pate Enterprises - 9/17/1997
Delivered and Filed: September 17, 1997
Opinion by: Tom Rickhoff, Justice
REVERSED and REMANDED
This case tests the extent of governmental immunity and the workers' compensation bar in a claim for indemnification...
Casteel v. Crown Life Insurance Company - 9/17/1997
CORRECTION
Date: September 17, 1997
This appeal arises out of a lawsuit involving multiple parties with claims and cross claims concerning the sale of life insurance policies to Randall and Sandra Ferguson. Specifically,...
Whittley v. Heston - 9/17/1997
Delivered and Filed: September 17, 1997
OPINION ON APPELLEE'S MOTION FOR REHEARING
Opinion by: Catherine Stone, Justice
REVERSED AND REMANDED
Appellee, Adrian O. Heston, O.D., has filed a motion for rehearing...
Martin v. Durden - 9/11/1997
Appellants, Brandy and Jason Martin, appeal from a summary judgment in favor of appellee, John Durden, D.O., in a medical malpractice action. In their sole point of error, appellants claim the trial court erred in granting appellee's...
Ortiz v. State Farm Mutual Automobile Insurance Company - 9/10/1997
Dissenting Opinion by: Catherine Stone, Justice
Delivered and Filed:sSeptember 10, 1997
AFFIRMED
This case involves the written rejection exception to articles 5.06-1 and 5.06-3 of the Texas Insurance Code-the...
O'Bryant v. City of Midland - 6/26/1997
Filed: June 26, 1997
Our opinion and judgement issued March 6, 1997, are withdrawn, and the following is issued in lieu thereof.
Appellants are several police officers who sued their supervisors and the city that employed...
Correa v. General Motors Corporation - 6/26/1997
Opinion by Justice Dorsey
This is a wrongful death case based in product liability and negligence, in which Rosa Correa and Bernardino Kay sued General Motors Corporation and Knapp Chevrolet for the wrongful death of their...
Lozano v. H.D. Industries - 6/26/1997
This is an appeal from a jury verdict in favor of the defendant below, H. D. Industries, Inc. (the Company), on a products liability claim brought in negligence and in strict liability by the plaintiff below, Pablo A. Lozano,...
Griffin v. Methodist Hospital - 6/26/1997
This is an appeal from a summary judgement in favor of appellee, The Methodist Hospital, in a medical malpractice action. Appellant, Sharon Ann Griffin, was admitted to the hospital with a variety of potentially fatal medical...
Progressive County Mutual Insurance Company v. Carway - 6/26/1997
In this case the primary issue we must decide is whether an insurance company that sold a liability policy to a motor carrier is liable for a judgement entered against the motor carrier's employee/driver even though the driver was...
Garcia v. Martinez - 6/26/1997
This is an appeal from an order awarding attorneys fees to a guardian ad litem. After a hearing to determine the amount of ad litem fees, the trial court ordered that the ad litem, Francisco Rodriguez, have a judgment against Samuel...
Denton Regional Medical Center v. LaCroix - 6/26/1997
The main issue we must decide in this medical malpractice case is whether the evidence is legally and factually sufficient to hold a hospital liable for medical negligence under a theory of direct corporate liability, notwithstanding...
American Tobacco Company - 6/20/1997
Opinion delivered: June 20, 1997
On Application for Writ of Error to the Court of Appeals for the Ninth District of Texas
Argued on February 13, 1996
JUSTICE CORNYN delivered the opinion of the Court, in which CHIEF...
St. Luke's Episcopal Hospital v. Agbor - 6/20/1997
Opinion Delivered: June 20, 1997
On Application for Writ of Error to the Court of Appeals for the Fourteenth District of Texas
Argued on October 2, 1996
Justice Gonzalez delivered the opinion of the Court, in which...
Texas Utilities Electric Company v. Timmons - 6/20/1997
Opinion delivered: June 20, 1997
On Application for Writ of Error to the Court of Appeals for the Tenth District of Texas
Argued on October 3, 1996
Justice Hecht delivered the opinion of the Court, joined by Chief...
Federal Sign v. Texas Southern University - 6/20/1997
Opinion Delivered: June 20, 1997
On Application for Writ of Error to the Court of Appeals for the Fourteenth District of Texas
Argued on November 28, 1995
JUSTICE BAKER delivered the opinion of the Court in which...
Delp v. Douglas - 6/19/1997
This is an appeal from a dismissal of one plaintiff's claim and a directed verdict against the other plaintiff's claim in a legal malpractice case. We withdraw our prior opinion and judgement of April 24, 1997 and substitute the...
Traylor Brothers - 6/18/1997
Delivered and Filed: June 18, 1997
Honorable John A. Pope III, Judge Presiding
OPINION ON MOTION TO DISMISS
Opinion by: Sarah B. Duncan, Justice
MOTION DENIED
Simona Garcia, Administrator of the Estate of...
Silvas v. Ghiatas - 6/18/1997
Delivered and Filed: June 18, 1997
Honorable David A. Berchelmann, Jr., Judge Presiding
Opinion by: Phil Hardberger, Chief Justice
Dissenting Opinion by: Karen Angelinie, Justice
REVERSED AND REMANDED ...
Austin v. Shampine - 6/13/1997
Melvin Doyle Austin ("Austin") and Hobson Big Boy Farms ("Big Boy") appeal from a judgement awarding $694,620.00 to Douglas W. Shampine ("Shampine") for damages incurred in an automobile accident. Trial was to a jury, which found...
Sipes v. Texas Department of Transportation - 6/13/1997
Ricky and Jamie Sipes appeal from a directed verdict rendered in favor of the Texas Department of Transportation. The Sipeses base their premises liability claim upon the Texas Tort Claims Act.
The Sipeses complain that the...
Reames v. Hawthorne-Seving - 6/13/1997
Roger Reames, et al., appeal a summary judgement granted in this personal injury action in favor of Hawthorne-Seving, Inc. and Grubb Construction, Inc. based on a statute of repose requiring that certain suits against one who...
Knighten v. Louisiana Pacific Corporation - 6/12/1997
This is a personal injury suit resulting from a collision between an automobile and two trucks. Rachel Knighten sued Louisiana-Pacific Corporation (LPC) and Satcom, Inc. d/b/a Cable Texas (Cable Texas) alleging she was injured due to...
Conley v. Brooks - 6/9/1997
Relators Conley, Lott, Nichols Machinery Company, W. Robert Nichols, III, and Nichols Associates, Ltd., seek a writ of mandamus against respondent the Honorable David Brooks. Dana Meador, the real party in interest, sued relators in...
Land v. AT & S Transportation - 6/5/1997
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
HONORABLE JACK ROBISON, JUDGE PRESIDING
The opinion and judgement issued by this Court on March 27, 1997, are withdrawn and the following opinion is...
Renfroe v. Jones & Associates - 5/29/1997
Appellant Rose Renfroe appeals from a summary judgement for appellees Thaddeus Freeman, Bryan Cannon, L. Kelly Jones, and Jones & Associates (collectively, J&A; in an action for wrongful garnishment. She raises two points of...
State v. Conrad - 5/29/1997
Introduction
This appeal presents the question of whether a worker who is born without a limb can receive benefits from The Second Injury Fund of Texas. The Fund challenges a jury verdict that awarded Adelina Conrad lifetime...
Beldon Roofing & Remodeling Company - 5/28/1997
Delivered and Filed: May 28, 1997
WRIT OF MANDAMUS CONDITIONALLY GRANTED
In this original proceeding, Beldon Roofing & Remodeling Company (Beldon) seeks a writ of mandamus directing Judge Tanner to vacate her order...
Cruz v. Furniture Technicians of Houston - 5/28/1997
Delivered and Filed: May 28, 1997
Honorable Elizabeth Ray, Judge Presiding
AFFIRMED
This is an appeal from a judgement notwithstanding the verdict in a personal injury case. Appellants, Noe Cruz and Abilio Cabrera,...
Bekins Moving & Storage Company v. Williams - 5/28/1997
Bekins Moving & Storage appeals from a judgement awarding Jean Williams damages for mental anguish and damage to her property arising out of Bekins' moving services.
Bekins raises twenty-seven points of error. Williams...
Vinson & Elkins v. Moran - 3/27/1997
This is a legal malpractice case. Appellees Ann Moran and Jim Poinsett, individually and as assignees, sued Vinson & Elkins (V&E;, appellant, alleging professional negligence (legal malpractice), breach of fiduciary duty,...
Land v. AT & S Transportation - 3/27/1997
03/27/97
Appellant, Marshall Land, sued his employer, AT & S Transportation, claiming AT & S failed to provide a safe work environment. Land appeals a judgement awarding $48,000.00 to AT & S pursuant to AT & S's...
City of Laredo v. Schuble - 3/26/1997
03/26/97
Delivered and Filed: March 26, 1997
WRIT OF MANDAMUS CONDITIONALLY GRANTED
This is an original proceeding concerning a trial court's power to reinvoke its plenary jurisdiction pursuant to rule 306a of the...
Bruce v. Jim Walters Homes - 3/26/1997
Delivered and Filed: March 26, 1997
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
This is an appeal from a summary judgement granted in favor of appellee. In one point of error, appellants contend that the trial court...
State v. Rocha - 3/25/1997
The State appeals the dismissal of its indictment against appellee, Ramiro V. Rocha, for possession of controlled substances on the ground that it issued after a controlled substances tax was assessed against appellee by the Texas...
Garrett v. Giblin - 3/20/1997
James Garrett appeals from a summary judgement that he take nothing in his claim against Robert J. Giblin and the Provost-Umphrey Law Firm, L.L.P., based upon alleged legal malpractice and violations of the Deceptive Trade Practices...
Isern v. Watson - 3/20/1997
This is a medical malpractice case which arises out of appellees Helen and Rix Watson's claim that appellant, Dr. Reuben A. Isern, was negligent in failing to properly diagnose and treat Mrs. Watson, or to seek a consultation from a...
Smith v. Tarrant County - 3/20/1997
Geneva Smith appeals from the trial court's take-nothing summary judgment in favor of Tarrant County, Texas and Dannie Cauble, a Lieutenant Deputy with the Tarrant County Sheriff's Department. Ms. Smith filed suit against the County...
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