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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Morris v. Copeland - 3/20/1997
This is an appeal from an order granting summary judgement to Bexar County and its sheriff, Harlon Copeland. Robert Scott Morris and his wife sued Bexar County and Copeland, in his official capacity as Bexar County Sheriff, asserting...
Owens-Corning v. Martin - 3/14/1997
Owens-Corning Fiberglas Corporation appeals a jury verdict awarding damages to appellees for personal injury, wrongful death, and loss of consortium arising out of appellees' exposure to asbestos-containing products manufactured by...
Mid Century Insurance Company of Texas v. Lindsey - 3/13/1997
Mid Century Insurance Company appeals from a summary judgment entered in favor of Richard Lindsey, the plaintiff-appellee. The trial court found that the appellant breached its insurance contract covering the appellee when it failed...
Trevino v. Atchison - 3/13/1997
This is an appeal from an order granting summary judgement in favor of appellee, Atchison, Topeka & Santa Fe Railway Company ("Santa Fe"). In one point of error, appellants contend the summary judgement was improperly granted. We...
Steelman v. Pasadena Bayshore Hospital - 3/12/1997
03/12/1997
Delivered and Filed: March 12, 1997
AFFIRMED
Plaintiffs Beatrice Steelman and John V. Steelman appeal from a take nothing judgment. Plaintiffs' attorney, W. Jiles Roberts, also appeals the judgement of...
O'Bryant v. City of Midland - 3/6/1997
03/06/1997
Appellants are several police officers who sued their supervisors and the city that employed them, alleging the defendants had committed unlawful employment practices. The trial court adjudicated the multiple...
Black v. Smith - 2/27/1997
In this original proceeding, relators and defendants below, Barbara Canales Black and Nationwide Mutual Insurance Company, seek a writ of mandamus ordering respondent to vacate an order denying relators' motion to sever. We...
Trinity Universal Insurance Company v. Bleeker - 2/27/1997
This case evolves out of an insurance company's conduct when confronted with settlement offers arising from an automobile collision. The jury found that Trinity Universal Insurance Company, et al., (hereafter "Trinity" or...
Gonzalez v. El Paso Hospital District - 2/27/1997
Plaintiffs in this medical malpractice suit appeal a take-nothing judgment, following jury trial, favoring defendants Russell Van Norman, M.D., El Paso Hospital District operating as R. E. Thomason General Hospital, and Texas Tech...
K.C. Roofing Co. v. Abundis - 2/26/1997
02/26/1997
Delivered and Filed: February 26, 1997
AFFIRMED
FACTS
Carlos and Aurora Abundis had a house in Helotes that leaked in one corner. They hired K.C. Roofing Co., Inc., d/b/a Cloud Roofing Company...
City of San Antonio v. Price - 2/26/1997
02/26/1997
Delivered and Filed:February 26, 1997
AFFIRMED IN PART; REVERSED AND RENDERED IN PART
Appellant, City of San Antonio, acting by and through its agent, City Public Service Board ("CPS"), appeals from a...
Bell v. State Farm Insurance Companies - 2/26/1997
02/26/1997
Dissenting opinion by: Phil Hardberger, Chief Justice
Delivered and Filed:February 26, 1997
AFFIRMED.
Allen H. Bell appeals from a summary judgement granted in favor of appellee State Farm Lloyds Ins....
National Union Fire Insurance Company of Pittsburgh v. Merchants Fast Motor Lines - 2/21/1997
02/21/1997
On Application for Writ of Error to the Court of Appeals for the Eleventh District of Texas
This is a declaratory judgement action. The issue is whether a truck driver's allegedly negligent discharge of a gun,...
Actis v. E.I. Dupont de Nemours & Company - 2/20/1997
This is a products liability case. Appellants sued appellees, E.I. DuPont de Nemours & Company (DuPont), Baylor College of Medicine (Baylor), and Louisiana State University (LSU), for injuries they allege were caused by implants...
Cason v. E.I. Dupont de Nemours & Company - 2/20/1997
This is a products liability case. Appellants sued appellees, E.I. DuPont de Nemours & Company (DuPont), Baylor College of Medicine (Baylor), and Louisiana State University (LSU), for injuries they allege were caused by implants...
American Economy Insurance Company v. United Services Automobile Association - 2/14/1997
Filed February 14, 1997
02/14/1997
OPINION
American Economy Insurance Company (AEIC), John Ellis, and Benjamin Ellis (collectively appellants) appeal the trial court's judgment denying relief in their suit for...
O'Donnell v. Bullivant - 2/13/1997
02/13/1997
FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY
OPINION ON REHEARING
The December 12, 1996 order of the Court overruling appellee's motion for rehearing was withdrawn by order of January 3, 1997. On...
Johnson v. Calhoun County Independent School District - 2/13/1997
En Banc
This case involves claims against two high school principals and a public school district by Olivia Johnson as surviving parent and representative of the estate of Sheryl Hall, a girl who was fatally stabbed at her...
Rodriguez v. Texas Department of Mental Health and Mental Retardation - 2/13/1997
Gonzalo Mario Rodriguez, Sr. and Aurora Rodriguez, the parents of Gonzalo Rodriguez, Jr., deceased, appeal from a judgement dismissing with prejudice their claims against the Texas Department of Mental Health and Mental Retardation...
Jackson v. Coldspring Terrace Property Owners Association - 2/6/1997
Appellant, Robert O. Jackson, appeals two summary judgments granted in favor of appellees, KDI Corporation and KDI Aqua Systems, Inc. (collectively KDI). KDI initially obtained a summary judgement in 1991. The El Paso Court of...
Fears v. Box - 1/31/1997
Appellant Helen Fears, as next of kin of Gary Wayne Aderholt, deceased, appeals from a trial court order denying Fears's motion to recuse Judge John R. Roach and sanctioning her attorney for filing the motion. In two points of error,...
Ortega v. Trevino - 1/30/1997
Genaro Ortega, individually and as next friend of Linda Ortega, a minor, appeals from the dismissal of his lawsuit after the trial court sustained special exceptions filed by the defendant and appellee, Jorge H. Trevino, M.D.,...
S. V. v. R. V. - 11/15/1996
November 15, 1996
On Application for Writ of Error to the Court of Appeals for the Fifth District of Texas
Argued on February 8, 1995
Justice Hecht delivered the opinion of the Court in which Chief Justice Phillips,...
EZ Pawn Corporation v. Mancias - 11/15/1996
In this proceeding, Texas EZPawn, L.P. d/b/a EZPawn and Dennis Terry (collectively EZPawn) seek relief from the trial court's order denying arbitration of their dispute with Roel Gonzalez. EZPawn has sought relief by petition for writ...
Firestone Steel Products Company v. Barajas - 6/28/1996
On Application for Writ of Error to the Court of Appeals for the Thirteenth District of Texas
Argued on October 11, 1995
Justice Enoch, concurring and dissenting.
The Court misconstrues the Barajases' allegations....
Huckin v. Connor - 6/27/1996
David Huckin appeals from a summary judgement granted in a legal malpractice suit in favor of appellees, Joseph P. Connor and Stern, Flanz, Carnley and Wilson, P.C. In one point of error, appellant contends the trial court erred in...
Trussway - 6/27/1996
This appeal arises from an action filed by homeowners Don and Pamela Wetzel for the inadequate construction of their residence, resulting in over one million dollars worth of damage. The central issue remains whether
Appellant...
Gabriel v. Process Products - 6/27/1996
This is an appeal from a summary judgement in favor of defendant Process Products, Inc. on statute of limitations grounds.
We affirm.
On June 3, 1994, Donald Gabriel filed suit against Process Products, Inc., for personal...
Beneficial Personnel Services of Texas - 6/27/1996
This appeal stems from a judgment, following jury trial, favoring Ramon Rey against Beneficial Personnel Services of Texas, Inc. ("BPS") and Business Staffing, Inc. ("BSI"). The parties stipulated that BPS breached its contract with...
Orion Enterprises - 6/26/1996
June 26, 1996
WRIT OF MANDAMUS CONDITIONALLY GRANTED.
Orion Enterprises seeks a writ of mandamus ordering Judge John A. Pope III to exercise his jurisdiction to reconsider another court's order denying motions to transfer...
City of Dallas v. Webber - 6/26/1996
In two points of error, the City of Dallas asserts the trial court erred in awarding Webber damages for future impairment. In a crosspoint of error, Webber asserts the trial court erred in disregarding the jury's finding regarding...
Rumley v. Allstate Indemnity Company - 6/20/1996
O P I N I O N
Joyce L. Rumley sustained personal injuries in a one-vehicle accident. Her husband, Wilbrun R. Rumley, was the driver. Mrs. Rumley filed a claim for benefits with the Rumleys' insurer, Allstate Indemnity Company....
Heron Financial Corporation v. United States Testing Company - 6/19/1996
Appellants Heron Financial Corporation, Heron Residential Joint Venture I, and Montecito Joint Venture (collectively "Heron") sued appellees United States Testing Company ("U.S. Testing"), CH&A;Corporation ("CH&A;), and...
Broders v. Heise - 6/14/1996
Argued Nov. 28, 1995.
We must decide whether the trial court abused its discretion in excluding the testimony of an emergency physician that the conduct of the three defendant emergency physicians and the defendant hospital was a...
Saenz v. Fidelity & Guarantee Insurance Underwriters - 6/14/1996
Argued Nov. 15, 1994.
Rehearing Overruled Aug. 16, 1996.
HECHT, Justice, delivered the opinion of the Court in which GONZALEZ, ENOCH, BAKER and ABBOTT, Justices, joined.
Corina Saenz sued her employer's workers'...
Isern v. Ninth Court of Appeals - 6/14/1996
Leave to file granted; writ of mandamus conditionally granted
ON PETITION FOR WRIT OF MANDAMUS
This mandamus action questions whether Rule 47(b)(1) of the Texas Rules of Appellate Procedure and section 52.002 of the Texas...
IMC Fertilizer - 6/13/1996
filed June 13, 1996
OPINION ON REHEARING
We deny appellee's motion for rehearing and motion for rehearing en banc, withdraw our opinion of February 2, 1995, and substitute this opinion in its stead.
This case...
Marine Creek Partners - 6/13/1996
This is a personal injury case. The issue is whether the parties to a swing set sales contract clearly intended to confer third-party beneficiary status on the users of the swing set. We hold that they did not. Accordingly, we...
Cortez v. Weatherford Independent School District - 6/13/1996
This is a wrongful death suit brought by Appellants Ramon Manzano Cortez and Maria De Jesus Hernandez individually and as next friend of Anastacio Manzano Hernandez against Weatherford Independent School District and two of its...
Chavis v. State Worker's Compensation Division - 6/13/1996
This is an appeal of the trial court's judgement in a claim for worker's compensation benefits arising under the Texas Workers' Compensation Act as it existed prior to January 1, 1991. Following an award of worker's compensation...
Brewer v. General Motors Corp. - 6/11/1996
O P I N I O N
Thomas Brewer and the other named plaintiffs filed this class action against General Motors Corporation and Carter-Wood Motor Company on behalf of all persons who, as of August 29, 1994, owned General Motors...
Brewer v. General Motors Corporation - 6/11/1996
OPINION
Thomas Brewer and the other named plaintiffs filed this class action against General Motors Corporation and Carter-Wood Motor Company on behalf of all persons who, as of August 29, 1994, owned General Motors passenger...
Simpson v. Coats - 6/11/1996
Filed June 11, 1996
OPINION
Tony Ray Simpson (Simpson) appeals from a summary judgment granted in favor of Robert Eugene Coats, Jr., D.O., Sami Constantine, M.D., and Paracelsus Mesquite Hospital, Inc. (PMH). In three...
Downing v. Brown - 6/11/1996
JUNE 11, 1996
In this appeal, appellant Ruby Lee Downing, individually and as next friend of her minor daughter Teresa Maria Gutierrez (Teresa), seeks reversal of a take-nothing summary judgement in favor of appellees Lucy Brown,...
Monroe v. Maxwell - 6/11/1996
Filed June 11, 1996
OPINION
Rose Monroe appeals from a summary judgement granted in favor of Dr. Clinton Maxwell, M.D. Monroe sued Maxwell for medical malpractice, alleging misdiagnosis and negligent treatment of injuries...
Hector v. Thaler - 6/6/1996
filed June 6, 1996
OPINION
Appellants are prison inmates who sued appellees, prison employees, the Texas Department of Criminal Justice (TDCJ), and the Texas Department of Criminal Justice--Institutional Division...
Marroquin v. Life Management Center for MH/MR Services - 6/6/1996
In this appeal, appellant Angelina Marroquin (Marroquin), challenges the trial court's granting of a summary judgement favoring appellee Life Management Center for MH/MR Services (Life Management). We reverse and remand.
FACTS ...
Lara v. Tri-Costal Contractors - 6/6/1996
Joe Louis Trevino's survivors, the plaintiffs below, appeal from an adverse summary judgement entered in favor of Tri-Coastal Contractors, Inc., one of several defendants sued by appellants following Trevino's death in a work-related...
General Motors Corporation v. Gayle - 6/6/1996
filed June 6, 1996.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
MAJORITY OPINION
General Motors Corporation ("GM"), seeks a writ of mandamus directing Judge J. Ray Gayle III, to vacate three orders (1) overruling...
State v. Thirteenth Courth of Appeals - 6/5/1996
On Petition for Writ of Mandamus
The issue in this case is when does an eligible health care liability claim accrue for purposes of the effective date of Chapter 110 of the Texas Civil Practice and Remedies Code.Ricardo Barron...
K Mart Corporation v. Rhyne - 6/4/1996
OPINION
This is a premises liability case in which the appellee, Allie Louise Rhyne, slipped and fell in the appellant's store (K Mart Corporation) in Longview, Texas, on March 7, 1991. Allie Rhyne and her husband, Curtis Olin...
Depriter v. Tom Thumb Stores - 5/31/1996
Filed May 31, 1996
OPINION
In a single point of error, appellant asserts the trial court erred in not submitting a proffered jury instruction. We overrule appellant's point of error and affirm the trial court's judgment. ...
Bryant v. Shields - 5/31/1996
Filed May 31, 1996
OPINION
Appellant Jeanne Barnes Bryant ("Bryant"), as Liquidator of Anchorage Fire & Casualty Insurance Company ("Anchorage"), appeals a judgment entered for appellee Shields, Britton & Fraser...
Pfullmann v. Evans - 5/30/1996
Filed May 30, 1996
MEMORANDUM OPINION
Roger Pfullmann appeals a summary judgement rendered against him from Jim Evans's personal injury suit arising from an automobile accident. In two points of error, Pfullmann contends...
Bottoms v. Smith - 5/30/1996
filed May 30, 1996.
OPINION
This is an appeal from a summary judgement in favor of appellees in a medical malpractice action. In one point of error, appellants argue that summary judgement was improvidently granted...
Noriega v. Mireles - 5/23/1996
Carlota Noriega and Roberto Noriega, Jr. appeal a summary judgment against them in their suit against Dr. Ruy Mireles and Dr. Robert Pardo for medical malpractice. The Noriegas claim that Dr. Mireles and Dr. Pardo were negligent in...
Woods v. Alvarez - 5/23/1996
This is a mandamus proceeding arising from a personal injury lawsuit filed by relators, David and Sandra Woods, against real parties in interest, Bridgestone/Firestone, Inc. d/b/a Round Tire of Pharr, Power Equipment International,...
Ashworth v. Dow Chemical Company - 5/23/1996
filed May 23, 1996
OPINION
This is an appeal from a take-nothing summary judgement rendered in favor of appellee, Dow Chemical Company (Dow), in a personal injury negligence action filed by appellants, Mervin Ashworth...
Benton v. Commission for Lawyer Discipline - 5/23/1996
The Commission On Lawyer Discipline of the State Bar of Texas, appellee, brought disciplinary action against appellant, an attorney, alleging violation of Rule 3.06(d) of the Texas Disciplinary Rules of Professional Conduct. During...
In re of A. - 5/20/1996
AT AMARILLO
PANEL A
MAY 20, 1996
This case presents the question whether an action to establish paternity of an illegitimate child may be brought after the death of the alleged father. For reasons we later express, we...
Rao v. Rodriguez - 5/16/1996
In this wrongful death case, Lonnie Rao, Sr., individually and as representative of the estates of Floda Rao and Lonnie Rao, Jr., his deceased wife and child, appeals from a judgement n.o.v. that set aside a jury verdict finding...
General Resources Organization - 5/10/1996
On Application for Writ of Error to the Court of Appeals for the Fourth District of Texas
Justice Gonzalez, Concurring Opinion on Denial of Application for Writ of Error
This case involves a gold scam in which the jury...
Pharo v. Chambers County - 5/10/1996
On Application for Writ of Error to the Court of Appeals for the First District of Texas
Argued October 10, 1995
the opinion for a unanimous Court.
This is a wrongful death suit against Chambers County arising from...
Medina v. Herrera - 5/10/1996
On Application for Writ of Error to the Court of Appeals for the Fourteenth District of Texas
Argued December 12, 1995
Chief Justice Phillips delivered the opinion of the Court, in which Justice Gonzalez, Justice Hecht,...
Kerrville State Hospital v. Clark - 5/10/1996
On Application for Writ of Error to the Court of Appeals for the Third District of Texas
Argued on December 12, 1995
Justice Gonzalez delivered the opinion of the Court in which Justice Hecht, Justice Enoch, Justice Owen,...
Owens-Corning Fiberglass Corp. v. Keeton - 5/8/1996
Owens-Corning Fiberglas Corporation ("Owens-Corning") appeals from a judgement for compensatory damages recovered by appellees after a jury trial. We will affirm the trial-court judgment.
THE CONTROVERSY
The appeal involves...
K Mart Corp. v. Rhyne - 5/6/1996
O P I N I O N
This is a premises liability case in which the appellee, Allie Louise Rhyne, slipped and fell in the appellant's store (K Mart Corporation) in Longview, Texas, on March 7, 1991. Allie Rhyne and her husband, Curtis...
Frozen Food Express Industries - 5/2/1996
Relator, Frozen Food Express Industries, Inc., (FFE), has filed a Motion for Leave to File an Amended Petition for Writ of Mandamus seeking relief from an order entered by respondent in the underlying suit which denied Relator's...
Clark Equipment Company v. Pitner - 5/2/1996
May 2, 1996.
O P I N I O N
In this personal injury case, Clark Equipment Company ("Clark") appeals from a judgement entered in favor of Rebecca Ann Pitner on the grounds that (1) an expert was allowed to testify even though...
Augustine v. Bell Helicopter Textron - 5/2/1996
This summary judgement case arises from a helicopter crash that killed two servicemen. Their widows sued the manufacturer, alleging the driveshaft failed because it was defectively designed. Because issues of fact exist on the...
M.A.W. v. Hall - 5/2/1996
Petition for Writ of Mandamus Conditionally Granted and Opinion.
Filed May 2, 1996.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
O P I N I O N
In this original proceeding, relator, M.A.W. , M.D., seeks a writ of...
State v. McGeorge - 5/2/1996
May 2, 1996
M A J O R I T Y O P I N I O N
In this personal injury and wrongful death action, the State of Texas appeals the interlocutory denial of its motion for summary judgment on the ground that the appellees' action is...
Miles v. Ford Motor Company - 4/30/1996
NOTE TO PUBLISHERS: THIS OPINION IS SUBSTITUTED ON MOTION FOR REHEARING. THERE ARE NO CHANGES TO THE ORIGINAL OPINION, ONLY THE ADDITION OF THE OPINION ON REHEARING BEGINNING ON PAGE 56.
O P I N I O N
The plaintiffs Susan...
Owens-Corning Fiberglass Corporation v. Hays - 3/26/1996
AFFIRM and Opinion Filed.
March 26, 1996
O P I N I O N
A.G. Hays, Jr., Nelson Bowman, James Patrick McGue, Murray D. Jones, Benjamin Baird, Raymond Mayo, and the Davis plaintiffs (collectively appellees) sued...
Southland Lloyd's Insurance Co. v. Tomberlain - 3/22/1996
NOTE TO PUBLISHER: THIS IS A SUBSTITUTED OPINION. CHANGES WERE MADE ONLY ON PAGE 19.
March 22, 1996
Southland Lloyd's Insurance Company and James Webb, III appeal the judgement entered in a suit by Charles M. Tomberlain for...
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