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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Westphal v. Diaz - 3/21/1996
03/21/1996
On appeal from the 319th District Court of Nueces County, Texas.
OPINION ON MOTION FOR REHEARING
We overrule Dr. Diaz's motion for rehearing and motion for rehearing en banc. Since we issued our opinion in...
Smith v. Atlantic Richfield Company - 3/14/1996
Judgement reversed and remanded and Opinion filed.
March 14, 1996
O P I N I O N
In this appeal, we are asked to decide if the appellants, Gloria Lou Smith, David Glynn Smith, and Paula Satrece Petters (the family),...
Texas Medical Liability Trust v. Garza - 3/14/1996
03/14/1996
On Petition for Writ of Mandamus.
O P I N I O N
In this original mandamus proceeding, relator, Texas Medical Liability Trust (TMLT), seeks to set aside Judge Robert Garza's order sustaining the State's...
Computer Associates International - 3/14/1996
March 14, 1996.
Argued September 22, 1994
On Certified Question from the United States Court of Appeals for the Second Circuit
JUSTICE ENOCH delivered the opinion of the Court on Motion for Rehearing, in which Chief...
White v. Sullens - 3/14/1996
This is a personal injury case in which a police officer, standing outside his patrol car, was struck by an intoxicated, hit and run driver. A jury found the driver, James Wesley White, negligent and awarded the plaintiffs, Daniel...
Cox v. Union Oil Co. - 3/14/1996
Ira Weldon Cox, Mary Cox, Ernest Lamar Gregg, Nellie Gregg, Lois K. Lockridge (Individually and as personal representative of the Estate of Joe W. Lockridge), and Lois G. McLain, (Individually and as personal representative of the...
Convalescent Services - 3/14/1996
Affirmed and Opinion filed.
March 14, 1996.
O P I N I O N
This appeal concerns the legal sufficiency of the evidence supporting the jury's findings of gross negligence and punitive damages. In addition to eight points...
Meek v. Peterson - 3/14/1996
Affirmed in Part; Reversed and Rendered in Part and Opinion filed.
March 14, 1996.
O P I N I O N
In this suit for collection of attorneys fees, Susan B. Meek appeals from a judgement entered in favor of Bishop...
Miles v. Ford Motor Company - 3/13/1996
March 13, 1996
O P I N I O N
The plaintiffs Susan Renae Miles, individually and as next friend of minors Willie Searcy and Jermaine Searcy, and Kenneth Miles sued Ford Motor Company and Douglas Stanley, Jr., doing business...
Jennings v. Burgess - 3/7/1996
March 7, 1996
On Application for Writ of Error to the Court of Appeals for the Fifth District of Texas
Argued on December 5, 1995
Justice Baker delivered the opinion of the court in which Chief Justice Phillips,...
Feldman v. The Kohler Co. - 3/7/1996
March 7, 1996
O P I N I O N
Our opinion of September 14, 1995 in case number 08-94-00333-CV is withdrawn and the following substituted in its stead.
We are presented with two appeals arising out of the same incident....
Lesser v. Allums - 3/7/1996
A judgement was entered adverse to the appellant at the conclusion of a jury trial and the trial court subsequently overruled appellant's motion for new trial. This appeal followed.
A portion of this case has been before us...
Pride Petroleum Services - 3/7/1996
March 7, 1996
O P I N I O N
Pride Petroleum Services, Inc. ("Pride") appeals a personal injury judgement rendered in favor of Jerry Criswell ("Criswell") after a jury trial. Pride appeals on four points of error, the first...
Mendoza v. The Eight Court of Appeals - 3/7/1996
March 7, 1996
On Petition for Writ of Mandamus
Because we hold that the trial court did not abuse its discretion in denying the motion for sanctions filed by the real parties in interest, we conditionally grant Scherr's...
Brown v. Hopkins - 2/29/1996
02/29/1996
On appeal from the 148th District Court of Nueces County, Texas.
O P I N I O N
This is an appeal from a take-nothing jury verdict in a personal injury case. Appellant, Patricia Brown, filed suit against...
Barraza v. Law Offices of Smith & Gopin - 2/29/1996
February 29, 1996
O P I N I O N
Appellant Manuel J. Barraza, defendant in the underlying lawsuit, appeals from an adverse judgement of conversion arising from a bench trial. The trial court found that Barraza converted...
Canutillo Independent School District v. Olivares - 2/29/1996
February 29, 1996
O P I N I O N
Appellant Canutillo Independent School District appeals from an adverse jury verdict in a retaliatory termination case. Appellee Thomas Olivares alleged that the school district terminated...
State Farm Mutual Automobile Insurance Company v. Nguyen - 2/29/1996
Judgement affirmed as reformed and Opinion filed.
February 29, 1996
O P I N I O N
We must decide whether the family member exclusion in appellees' automobile liability insurance policy applies and, therefore, limits...
Cranford v. City of Pasadena - 2/29/1996
Affirmed and Opinion filed.
February 29, 1996.
O P I N I O N
In this wrongful death and survivorship suit, appellants (the "Cranfords") challenge a summary judgement granted in favor of the City of Pasadena (the...
Garcia v. Caremark - 2/29/1996
02/29/1996
On appeal from the 370th District Court of Hidalgo County, Texas.
O P I N I O N
Martha Garcia, individually and on behalf of the estate of Juan Tijerina, Jr., appeals from a take-nothing summary judgement...
Garcia v. Santa Rosa Health Care Corporation - 2/29/1996
02/29/1996
On appeal from the 206th District Court of Hidalgo County, Texas.
O P I N I O N
Linda Balderas Garcia appeals from a final summary judgment denying her claim against Santa Rosa Health Care Corporation for...
Garcia v. Santa Roso Health Care Corporation - 2/29/1996
02/29/1996
On appeal from the 206th District Court of Hidalgo County, Texas.
O P I N I O N
Linda Balderas Garcia appeals from a final summary judgment denying her claim against Santa Rosa Health Care Corporation for...
Le v. Farmers Texas County Mutual Insurance Co. - 12/28/1995
Judgement affirmed in part and reversed and remanded in part, and Opinion filed December 28, 1995
12/28/1995
OPINION ON MOTION FOR REHEARING
The appellant's motion for rehearing is granted. We withdraw our previous...
Sullivan v. Bickel & Brewer - 12/28/1995
Affirmed and Opinion filed.
December 28, 1995.
O P I N I O N
John R. Sullivan (appellant) appeals a summary judgement entered in favor of Bickel & Brewer and William Brewer (appellees). In fourteen points of...
Rendon v. Wolf - 12/28/1995
In this appeal, we are asked to determine if the appellee, Dr. David P. Wolf, exercised his peremptory jury strikes in a civil suit in a racially discriminatory manner. The trial court held he did not. We affirm.
Statement of...
Rndon v. Wolf - 12/28/1995
In this appeal, we are asked to determine if the appellee, Dr. David P. Wolf, exercised his peremptory jury strikes in a civil suit in a racially discriminatory manner. The trial court held he did not. We affirm.
Statement of...
Mayorga v. Casa Elena Mexican Restaurants - 12/21/1995
This appeal is from a jury verdict in favor of appellant, Maria Reina Mayorga ("Mayorga"), in her suit against her former employer, Casa Elena Mexican Restaurants, Inc. ("Casa Elena"), for damages sustained in a work-related injury....
Parra v. Larchmont Farms - 12/21/1995
OPINION ON ORDER
This case involves choice of laws. Appellant, Jose Parra, appeals the trial court's grant of summary judgement in favor of Appellee, Larchmont Farms, Inc. The trial court found as a matter of law that the...
Anderson v. Davis - 12/21/1995
Appellant, James Anderson, appeals from the trial court's grant of summary judgement in favor of appellees, Mickey R. Davis and State Farm Mutual Automobile Insurance Company (State Farm). In two points of error, Anderson contends...
Travis v. City of Van Alstyne - 12/18/1995
AFFIRM, and Opinion Filed.
December 18, 1995
O P I N I O N
Lucretia Travis and Bryan Travis ("Travis") appeal from a summary judgement granted in favor of the City of Van Alstyne ("Van Alstyne"). Travis complains in a...
Brush v. Fustok - 12/14/1995
Lorie A. Brush, appellant, appeals from a take-nothing summary judgment rendered in a medical malpractice suit brought against Dr. Abdel K. Fustok. Under the first point of error, we must decide whether Brush's claim is barred under...
Campbell v. MacGregor Medical Association - 12/14/1995
In this appeal, we are asked to decide whether the claims of Margaret Campbell (Campbell) against the MacGregor Medical Association (MacGregor) for common-law negligence and gross negligence, conspiracy, deceptive trade practices,...
Campbell v. MacGregor Maedical Association - 12/14/1995
In this appeal, we are asked to decide whether the claims of Margaret Campbell (Campbell) against the MacGregor Medical Association (MacGregor) for common-law negligence and gross negligence, conspiracy, deceptive trade practices,...
Kerrville State Hospital v. Clark - 12/12/1995
On Application for Writ of Error to the Court of Appeals for the Third District of Texas
Argued on December 12, 1995
Justice Abbott filed a dissenting opinion in which Chief Justice Phillips, Justice Cornyn, and Justice...
Anderson v. M-Odeco - 12/7/1995
Richard Anderson appeals a summary judgement in favor of Diamond M-Odeco, Inc. (Odeco). Anderson brings four points of error arguing the action is not barred by the Texas two-year statute of limitations. We reverse and remand. ...
Harrison v. Texas Department of Criminal Justice - 12/7/1995
Harrison appeals the dismissal of his in forma pauperis action alleging claims under the Tort Claims Act, the Texas Constitution, and 42 U.S.C. Section(s) 1983. We affirm in part and reverse and remand in part. Appellant is a prison...
Toubaniaris v. American Bureau of Shipping - 12/7/1995
This is an appeal from a take-nothing summary judgement rendered in favor of the defendants, American Bureau of Shipping and American Bureau of Shipping -- Singapore (ABS). In four points of error, the plaintiff, Panagiotis...
Gill v. Texas Department of Criminal Justice - 12/7/1995
The trial court dismissed appellant Anthony E. Gill's pro se, in forma pauperis lawsuit against the Texas Department of Criminal Justice, Institutional Division. Appellant asserted a claim under the Texas Tort Claims Act, TEX. CIV....
Shewbirt v. Prudich - 11/30/1995
Doyal Ray Shewbirt, Jr. appeals a judgement entered following a directed verdict in favor of John Prudich, M.D. In two points of error, Shewbirt contends the trial judge erred in granting Dr. Prudich's motions to (1) disqualify...
Agbor v. St. Luke's Episcopal Hospital - 11/30/1995
Comfort and Kingsley Agbor, individually and as next friend of their minor son, Dikeh Agbor (the Agbors), appeal a summary judgment granted to St. Luke's Episcopal Hospital (St. Luke's), asserting the trial court erroneously...
City of Amarillo v. Martin - 11/27/1995
NOVEMBER 27, 1995
The City of Amarillo (the City), appeals from a judgment rendered in favor of Erica Shae Martin after a bench trial. The trial court found the City liable for damages sustained by Martin as the result of a...
Butler & Binion v. Hartford Lloyd's Insurance Company - 11/22/1995
Appellants, Butler & Binion, a law firm, and several of its partners, appeal from a summary judgement granted in favor of appellees, Hartford Lloyd's Insurance Company and Hartford Casualty Insurance Company. Appellants brought...
Butler & Binion - 11/22/1995
Appellants, Butler & Binion, a law firm, and several of its partners, appeal from a summary judgement granted in favor of appellees, Hartford Lloyd's Insurance Company and Hartford Casualty Insurance Company. Appellants brought...
Winkle v. Tullos - 11/16/1995
In this medical malpractice case, Joy Winkle appeals from two judgments rendered in favor Hugh S. Tullos, M.D. on the grounds that (1) the claims relating to her first surgery were not barred by limitations, (2) the jury charge on...
Montalvo v. Fourth Court of Appeals - 11/16/1995
Opinion delivered: November 16, 1995
On Petition for Writ of Mandamus
In this original proceeding, the court of appeals conditionally issued a writ of mandamus compelling the trial court to vacate its order setting an...
Sosa v. Central Power & Light - 11/16/1995
Opinion Delivered: November 16, 1995
On Application for Writ of Error to the Court of Appeals for the Fourth District of Texas
This case involves the construction of Rule 63 of the Texas Rules of Civil Procedure. The...
Microsoft Corp. v. Manning - 11/13/1995
This is an appeal of the trial court's order granting class certification to a suit by appellees against Microsoft Corporation for breach of express and implied warranty, unjust enrichment, and violations of the Magnuson-Moss...
Young v. Ray - 11/10/1995
The issue in this mandamus is whether the relator is entitled to discovery after the real parties in interest waived their objections to discovery. The relators, John H. Young and Douglas Park, a limited partnership, filed a motion...
Edge v. Morales - 11/2/1995
Appellants Gary Allen Edge and Michelle Lenee Edge appeal a takenothing judgement rendered by the trial court in favor of appellees in this automobile accident case. In two points of error, appellants (1) contend that the evidence is...
Park Place Hospital v. Estate of Milo - 11/2/1995
Argued Sept. 7, 1995
Decedent's estate brought medical malpractice action against doctor, nurse, and hospital claiming that they improperly and prematurely attempted to wean decedent from respirator thereby causing her death. The...
Naugle v. Theard - 11/2/1995
This is an appeal from a medical malpractice suit, brought pursuant to the Medical Liability and Insurance Improvement Act, Tex.Rev.Civ.Stat.Ann. art. 4590i, wherein Appellant alleges Appellee failed to advise her that both fallopian...
ACS Investors - 10/31/1995
ACS Investors, Inc. (ACS), Affiliated Computer Services, Inc.
(ACSFS), TransFirst Corporation (TransFirst), Darwin Deason, and J. Livingston Kosberg appeal a jury verdict in favor of Thomas McLaughlin and John Lazovich on...
Cantu v. Landy - 10/31/1995
Vicki Cantu appeals from a summary judgement granted in favor of appellees. In two points of error, Cantu contends the trial court erred in granting appellees' motions for summary judgement based upon the statute of limitations. ...
Moore v. Novark - 9/28/1995
This appeal results from a judgement awarding damages for malicious prosecution, intentional infliction of emotional distress, and conspiracy. Appellee, Marion James Novark ("Novark"), a former deputy constable of Harris County...
In re J.R. - 9/27/1995
J.R., a juvenile, appeals the trial court's order placing him on probation in the custody of his parents. The court's disposition order followed its order adjudicating J.R. delinquent. In the order of adjudication, the trial court...
Casey v. Methodist Hospital - 9/14/1995
This is an appeal from a take-nothing summary judgement rendered in favor of appellee, the Methodist Hospital, in a medical malpractice action brought by appellant, Terry Casey. In two points of error, Casey contends that the trial...
Connolly v. Service Lloyds Insurance Company - 9/7/1995
September 7, 1995
MEMORANDUM TO CLERK
You are directed to make the following corrections in the Opinion dated September 7, 1995:
On page 15, please change the designation of the Opinion from "Do Not Publish" to...
Dunn v. Menassen - 9/7/1995
James Dunn appeals an adverse judgement in favor of M & M Distributors. After a bench trial, the trial court awarded actual and exemplary damages and prejudgment interest totaling $79,915.95. Appellant complains of error in...
Rainey v. City of Alvin - 9/7/1995
The issue in this appeal is whether a city's governmental immunity has been waived under the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE ANN. Section(s) 101.001-.109 (Vernon 1986 & Supp. 1995) [hereinafter the Act]....
Onwuteaka v. Gill - 9/7/1995
The appellant, Joseph Onwuteaka, appeals a post-answer default judgment rendered against him in favor of the appellee, Jean Gill, and the trial court's decision to strike Onwuteaka's plea in intervention that he filed in a suit...
Texas Department of Public Safety v. Salmeron - 9/7/1995
This is a consolidated appeal from a suit brought under the Texas Tort Claims Act, Civ. Prac. & Rem. Code, Chapter 101 (the Act), and 42 U.S.C. Section(s) 1983 against The Texas Department of Public Safety (DPS) and one of its...
Maryland Insurance Company v. Head Industrial Coatings and Services - 8/31/1995
August 31, 1995
Dissenting Opinion by Justice Bleil
OPINION
This is a bad faith insurance case with liability premised on violations of the Insurance Code. Maryland Insurance Company appeals from a judgement...
Magness v. Hauser - 8/31/1995
The trial court granted summary judgment, based on a statute of limitations bar, against the plaintiffs in a medical-malpractice, wrongful-death, and survival lawsuit. We affirm. In their first point of error, plaintiffs assert the...
Maryland Insurance Co. v. Head Industrial Coatings and Services - 8/31/1995
Dissenting Opinion by Justice Bleil
OPINION
This is a bad faith insurance case with liability premised on violations of the Insurance Code. Maryland Insurance Company appeals from a judgement rendered in favor of its...
Perez v. Cueto - 8/31/1995
Appellant Ramona Rodriguez Perez brings this appeal from a summary judgement in favor of appellee Jose Joaquin Cueto, M.D. In two points of error, appellant alleges the trial court erred in failing to provide appellant sufficient...
Barker v. City of Galveston - 8/31/1995
Appellants, T. Craig Barker and Vicki Barker, individually and as next friend of James Henry Barker, appeal a summary judgement in favor of appellees, the City of Galveston and Herman Holloway. We affirm.
Facts
On May...
Bailey v. Deatherage - 8/31/1995
James P. Bailey, appellant, brought a personal injury suit against David Deatherage, appellee. The jury found that no one was negligent and rendered a verdict of unavoidable accident. The trial court entered a take-nothing judgement...
McCracken v. Winchell Property Systems Co. - 8/24/1995
Appellants Kevin D. McCracken and Nancy S. McCracken ("the McCrackens") bring this appeal complaining of the trial court's permitting appellees to take a dollar-for-dollar settlement credit which, when substracted from the jury's...
Sears - 8/24/1995
Michael Menegay ("Mike") incurred burns over 27% of his body when a propane tank stored under his gas grill exploded. The gas grill was sold by Sears, Roebuck and Company ("Sears") and manufactured by Sunbeam Corporation ("Sunbeam")....
Valentine v. Bessire - 8/24/1995
Appellants, Sharon and Archie Valentine, brought suit for medical malpractice seeking damages for injuries Sharon Valentine allegedly suffered as a result of negligent treatment by a number of health care providers, including...
Old v. Lefmark Management Co. - 8/24/1995
Judgement reversed and remanded and Opinion filed August 24, 1995
8/24/95
OPINION ON MOTION FOR REHEARING
We overrule appellee's motion for rehearing, withdraw our July 6, 1995 opinion, and substitute this opinion in...
Jamar v. Patterson - 8/24/1995
Hewell Jamar appeals the judgement entered against him for negligent entrustment on the grounds that: (1) he owed no legal duty to Brandi Istre; (2) his conduct was not a proximate cause of the accident in question; (3) an element of...
Petro Stopping Centers - 8/24/1995
This is a products liability case. Appellants, Petro Stopping Centers, Inc. and Charlie's Knife Shop ("Petro Stopping Center"), appeal from a summary judgement in favor of Appellee, Owens-Corning Fiberglas ("Owens-Corning"), on its...
Balla v. Paccar - 8/24/1995
This appeal requires interpreting the provisions of the Comparative Responsibility Statute to determine whether the trial court erred in calculating damages recoverable for serious personal injuries sustained by Kenneth Balla.. TEX....
Brown v. Pittsburgh Corning Corp. - 8/24/1995
This is an asbestos case. Appellants, collectively referred to as the "Workers," filed suit against Pittsburgh Corning Corporation to recover damages for personal injury and death caused by exposure to asbestos products manufactured...
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