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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Gonzalez v. Ford Motor Co. - 4/20/2005
DISMISSED FOR LACK OF JURISDICTION
This appeal arises out of a jury verdict which determined that Ford Motor Company was not liable for the plaintiffs' damages. On June 22, 2004, the trial court entered final judgment on the...
Campos v. Nueces County - 4/14/2005
Luzelma Campos, Betty Jo Gonzalez, and Misty Valero challenge the grant of a plea to the jurisdiction filed by Nueces County. Because we conclude that governmental immunity does not bar suit under 42 U.S.C. § 1983 and that appellants...
Sepulveda v. County of EL Paso - 4/12/2005
Joe G. Sepulveda and Adrian Ramirez, Individually and as Next Friend of Adrian Ramirez, Jr. and Rehanne Ramirez, Minor Children, appeal from the trial court's order granting a plea to the jurisdiction asserted by the County of El...
Diamond Offshore Management Co. v. Lelaguidry - 4/8/2005
CHIEF JUSTICE JEFFERSON did not participate in the decision.
In this wrongful death action under the Jones Act, the trial court rendered judgment on a verdict for the plaintiff, the widow of a deceased seaman killed ashore when...
General Motors Corp. v. Iracheta - 4/8/2005
Argued September 25, 2003
CHIEF JUSTICE JEFFERSON and J USTICE GREEN did not participate in the decision.
Silvandria Iracheta was driving a 1988 General Motors Oldsmobile Toronado on a two-lane highway near Laredo just...
In re Samonte - 4/7/2005
In this mandamus proceeding, Miguel Samonte, Jr., M.D. complains of the trial court's denial of his motion to dismiss a medical malpractice suit. The motion challenged the sufficiency of the unsigned and undated expert report filed...
SSP Partners v. Gladstrong Investments Corp. - 4/7/2005
This is an indemnity case. The trial court granted appellee Gladstrong Investments' no-evidence summary-judgment motions against appellants SSP Partners and Metro Novelties. Asserting numerous issues, SSP and Metro appeal the...
Davis v. Shabaaz - 4/6/2005
Russell M. Davis, an inmate at the Telford Unit within the Texas Department of Criminal Justice---Institutional Division (TDCJ-ID), suffered a broken ankle August 4, 2003. On November 24, 2003, Davis filed suit against Ahia Shabaaz...
James v. Brothers - 3/30/2005
This is an appeal from the dismissal of a medical malpractice claim for failure to timely file an expert report pursuant to the Medical Liability and Insurance Improvement Act. On appeal, appellants contend that the trial court...
Flores v. Robinson Roofing and Construction Co. - 3/24/2005
OPINION ON REHEARING
After reviewing Appellee's motion for rehearing, we deny the motion. We withdraw our January 13, 2005 opinion and judgment and substitute the following.
INTRODUCTION
Appellants Jose Lopez Flores...
Davis v. Markey - 3/24/2005
Appellant Anthony Davis appeals from the dismissal of his medical malpractice claim against Appellees, Keith Markey, M.D. and Patrick Kelly, D.O. Davis alleges that Markey and Kelly were negligent in their treatment of his knee....
Panatrol Corp. v. Emerson Electric Co. - 3/23/2005
REVERSED AND REMANDED
In this appeal, we determine whether the trial court erred in rendering summary judgments on appellee's claim for contribution and appellant's claim for indemnity. We conclude the trial court erred;...
Hudson v. Cooper - 3/22/2005
In this suit for attorney compensation, Barbara Jackson Hudson appeals a take-nothing judgment in favor of Jayla Cooper on the grounds that: (1) the trial court erred in granting a directed verdict against Hudson's quantum meruit...
Reinicke v. Aeroground - 3/22/2005
In this wrongful death and survival action, Jimmie Reinicke, individually and as legal representative of the Estates of Karen, Max, and Derrick Reinicke (collectively, "Reinicke") appeals a judgment notwithstanding the verdict...
Brown v. Cockrell - 3/21/2005
Appellant Michael W. Brown, a prison inmate acting pro se, filed a complaint alleging that Ninfa Islas, an employee of the Texas Department of Criminal Justice, wrongfully confiscated and converted postage stamps belonging to Brown...
Sunbridge Healthcare Corp. v. Penny - 3/11/2005
Bruce Elliott Penny, independent administrator of the estate of Pauline E. Penny, deceased, sued Brenda Patterson claiming negligence and gross negligence. At the same time, he also sued SunBridge Healthcare Corporation d/b/a...
In re Wilson N. Jones Memorial Hospital - 3/11/2005
ON PETITION FOR WRIT OF MANDAMUS
The issue in this original proceeding is whether section 15.007 of the Civil Practice and Remedies Code authorizes a statutory probate court to transfer a wrongful death and survival case to...
In re Terex Corp. - 3/11/2005
ON PETITION FOR WRIT OF MANDAMUS
The issue in this original proceeding is whether section 15.007 of the Civil Practice and Remedies Code authorizes a statutory probate court to transfer a wrongful death and survival case to...
In re Omni Hotels Management Corp. - 3/11/2005
ON PETITION FOR WRIT OF MANDAMUS
The controlling issue in this case is whether an agreement consenting to venue in Tarrant County and stipulating that all or part of the cause of action arose there should be given effect. Because...
In re Reliant Energy - 3/11/2005
ON PETITION FOR WRIT OF MANDAMUS
Reliant Energy, Inc. seeks a writ of mandamus directing the Hidalgo County statutory probate court to vacate an order purporting to transfer to itself a wrongful death and survival action pending...
Gonzalez v. Reliant Energy - 3/11/2005
Argued November 19, 2003
Two interlocutory appeals in the same underlying case present the issue of whether section 15.007 of the Texas Civil Practice and Remedies Code places venue limitations on a statutory probate court's...
Mora v. Hemco Industries - 3/10/2005
This is an appeal from a motion for directed verdict rendered in favor of appellee, Hemco Industries, Inc. ("Hemco") during a bench trial. Appellant, Julio Mora, filed a negligence action for the injuries he sustained during his...
Ordonez v. El Paso County - 3/10/2005
Appellants Isabel Ordonez and Sylvia Flores Ordonez, as next friend of Alfredo Ordonez, Jr., a minor chid (Afredo Ordonez's son), appeal from the trial court's granting of a plea to the jurisdiction in favor of Appellees El Paso...
KMG Kanal-Muller-Gruppe Deutschland GmbH & Co. KG v. Davis - 3/10/2005
This is an appeal of the trial court's award of $1,000,000 to plaintiff/appellee, Robert C. Davis, after the jury determined that defendants/appellants, KMG Kanal-Muller-Gruppe Deutschland GmbH & Co. KG (KMGD) and KMG...
[W] Builders Transport - 3/9/2005
The surviving relatives of Roy Cell Smith, Jr. (collectively, "Appellees") filed a wrongful death and survival action against Builders Transport, Inc. and its employee John Alfred Landry for damages sustained after a semi owned by...
Garrison v. City of Leon Valley - 3/9/2005
AFFIRMED
Appellant Kurt Garrison appeals the trial court's order granting the City of Leon Valley's plea to the jurisdiction. Because the issue in this appeal involves the application of well-settled principles of law, we...
Balawajder v. Belanger - 3/3/2005
Appellant, Jeffrey Balawajder, originally filed this action in July of 1991, alleging civil rights violations under 42 U.S.C. § 1983. Appellant is an inmate confined in a secure correctional facility operated by the Institutional...
Bell v. ExxonMobil Corp. - 3/3/2005
Lonnie Bell, Daniel Davis, Niecy Davis, Kenneth Gregory Jr., Jimmy Hargrove, Elba Hildago, Raymond LeVan, Ann Motton, Alfred H. Phillips, Elijah Simien, Mary Simien, Tia Bailey, Jackie Brown, Michael Brown, Akeiterra Hopson, I'eshia...
Estate of Allen v. Polly Ryon Hospital Authority - 3/3/2005
Appellant, Gloria Brown, filed health-care liability claims on behalf of the estate of Emzie Allen against appellees, Suklesh Dandona, M.D., and Polly Ryon Memorial Hospital (the hospital). Brown's appeal challenges orders by the...
In re Dillard Department Stores - 3/3/2005
In this original proceeding, Relators Dillard Department Stores, Inc. and Grizelda Reeder (collectively "Dillard's") seek mandamus relief from an order denying their motion to compel arbitration of a defamation claim by former...
Langley v. Jernigan - 3/2/2005
MEMORANDUM Opinion AFTER REMAND
This medical malpractice case is on remand from the Texas Supreme Court. Appellant, Marie Langley sued Providence Health Center and a group of doctors, including Appellee Floyd E. Jernigan, after...
State - 2/24/2005
This is an appeal from the trial court's denial of Appellant's motion for judgment not withstanding the verdict or in the alternative, motion for new trial on the basis of sovereign immunity. For the reasons stated, we reverse the...
Raines v. Stephens - 2/23/2005
This is a medical malpractice case involving bladder injuries resulting from a "bungled" hysterectomy performed on Billie Lynn Raines. Billie and Richard Raines sued Dr. Ronald D. Stephens under former article 4590i of the Texas...
State Office of Risk Management v. Escalante - 2/17/2005
This is a workers' compensation case arising out of a vehicle accident involving Hector Escalante. After exhausting his administrative remedies in the Texas Workers' Compensation Commission (TWCC), Escalante appealed the adverse...
Los Fresnos Consolidated - 2/17/2005
Appellant, Los Fresnos Consolidated Independent School District ("the School District"), brings this interlocutory appeal of the trial court's denial of its plea to the jurisdiction in a case arising from injuries sustained by April...
Lewis v. AAA Flexible Pipe Cleaning Co. Inc. - 2/17/2005
This is a negligence claim arising out of a motor vehicle collision. Appellants, Raymond and Rebecca Lewis, contend that the trial court erred in granting summary judgment in favor of appellees, Dennis Brian Mann and AAA Flexible...
Dillard v. Texas Electric Cooperative - 2/11/2005
Argued on April 7, 2004
In this personal injury and wrongful death case, we must decide whether the trial court abused its discretion in refusing to submit one of two different instructions on the defendants' inferential rebuttal...
Mills v. Warner Lambert Co. - 2/11/2005
This case involves an interlocutory appeal of a class-certification order. The primary issue is whether the portions of the Federal Food, Drug, and Cosmetic Act (FDCA) regulating nonprescription drugs deprived the trial court of...
City of Jefferson - 2/11/2005
Leronda Vallery fell as she was walking on a small ramp leading into the City of Jefferson's police department. She had traversed the ramp about once a month for as long as four years when she went to visit her mother, an employee of...
Pringle v. Moon - 2/10/2005
In this personal injury case, Helen Pringle, as independent executrix of the estate of Brantley Pringle, appeals from a judgment for Toby Moon. In two issues, Helen contends that the trial court erred in applying the wrong...
American Standard and The Trane Co. v. Brownsville Independent School District - 2/10/2005
This is an arbitration case that involves matters related to the construction of Besteiro Middle School and Aiken Elementary School located in Brownsville, Texas. American Standard and The Trane Company (Trane), a sub-subcontractor,...
Telfair v. Bridges - 2/10/2005
Opinion and Order of Contempt
This appeal arises from a fee dispute between a law firm and its former clients. Appellant, Oscar M. Telfair, III, P.C., represented appellees, Merita Bridges and Marvin Bridges, in a suit concerning...
Theroux v. Vick - 2/9/2005
AFFIRMED
This is an appeal from the trial court's order rendering summary judgment in favor of appellee. We conclude the trial court properly rendered summary judgment on appellant's fraud and false imprisonment claims....
Cotter v. Tobey - 2/9/2005
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
James Cotter appeals from the trial court's judgment ordering him to pay damages, pre- and post-judgment interest, and attorney's fees to Carl Tobey in Tobey's suit for return of...
Gresham v. University of Texas Medical Branch - 2/3/2005
This case arises from the trial court's dismissal of appellant Roger Eugene Gresham's negligence lawsuit against the University of Texas Medical Branch ("UTMB").We will affirm.
Gresham, an inmate at the Federal Correction...
Rittenhouse v. Sabine Valley Center Foundation - 2/3/2005
Dennis Rittenhouse appeals the dismissal of his medical malpractice suit against Sabine Valley Center Foundation, Inc., d/b/a Oak Haven Recovery Center, Dr. Isidore Joseph Lamothe, Jr., Dr. Shahrokh Safarimary Aki, Millie Brown,...
Owens v. Perez - 2/3/2005
This is a medical malpractice case. Appellee, Domingo Perez ("Perez"), as next friend of Maria San Juana Morin ("Morin"), a non compos mentis, sued appellant, Edwin Owens, M.D. ("Dr. Owens"), and others after Morin, suffered a...
Brenham Housing Authority v. Davies - 1/27/2005
In this interlocutory appeal, appellant, the Housing Authority of the City of Brenham, Texas, a/k/a/ Brenham Housing Authority ("BHA") appeals from the denial of its plea to the jurisdiction. BHA contends that the trial court erred...
CHI Energy - 1/27/2005
This is an appeal from a jury verdict in a premises liability case that resulted in the deaths of Norman Pallanes and Gilbert Urias during the construction of improvements to an oil well site. Appellant Chi Energy, Inc. was the owner...
Southern Union Co. v. CSG Systems - 1/27/2005
Southern Union Company, a gas utility provider, contracted with CSG Systems, Inc., a printing company, to outsource Southern Union's print-and-mail operations. The conversion of services was more problematic than anticipated, causing...
Santos v. Holzman - 1/27/2005
Appellants, Alejandro and Martha Santos, appeal the decision of the Hidalgo County trial court granting the motion of appellee, Madelyn Holzman, M.D., to sever the claims against Dr. Holzman and to transfer venue to Cameron County....
City of Sugarland v. Ballard - 1/27/2005
Appellant, the City of Sugarland ("the City"), appeals from an order denying its plea to the jurisdiction on grounds of governmental immunity from suit in a wrongful-death suit brought by appellee, James L. Ballard ("Ballard"),...
Military Highway Water Supply Corp. v. Francisca Morin - 1/21/2005
JUSTICE GREEN did not participate in the decision.
A possessor of land who allows an excavation to remain on the land owes a duty to persons who encounter the excavation after (1) traveling with reasonable care on the highway and...
Harris County - 1/20/2005
This is an accelerated appeal from the trial court's order, denying appellant, Harris County, its plea to the jurisdiction on the grounds of governmental immunity. Appellee, Juan Luis Cabazos, Jr., filed a negligence action against...
Coastal Mart - 1/20/2005
This is a contract dispute between Coastal Mart, Inc., Coastal Market, Ltd. d/b/a Maverick Markets (collectively "Coastal") and Southwestern Bell Telephone Company ("SWBT"). Underlying this dispute are wrongful death and survival...
[W] Flores v. Robinson Roofing & Construction Co. - 1/13/2005
Introduction
Appellants Jose Lopez Flores and Maria Flores appeal a summary judgment in favor of Appellee Robinson Roofing and Construction Company, Inc. Because we hold that there are issues of material fact concerning...
Hutchison v. Pharris - 1/6/2005
INTRODUCTION
This suit involves the tragic deaths of two children resulting from a fire that also injured three adults and destroyed a mobile home. Appellants Leighia Hutchison, individually, as next friend of Jonathan...
Hudson v. City of Houston - 1/6/2005
In this appeal we determine two principal issues: (1) whether the trial court erred in reducing the jury's damage award to a deceased child's mother and estate by the percentage of fault apportioned to the child's father; and (2)...
FFE Transportation Services - 12/31/2004
Argued October 29, 2003
Larry and Debra Fulgham brought products liability and negligence claims against FFE Transportation Services, Inc. arising out of a tractor-trailer accident. The trial court granted a directed verdict in...
Olympic Arms - 12/30/2004
In its appeal of this products liability case, appellant, Olympic Arms, Inc. ("Olympic"), appeals a judgment on a jury verdict in favor of appellee, Phillip Green. Green sued Olympic and its co-defendant, Kerry O'Day, for left hand...
Bollinger v. Telecom Construction Services - 12/30/2004
AFFIRMED
This is an appeal of a judgment declaring that a marriage did not exist. The suit was brought by an acknowledged tortfeasor to determine whether it was liable to a person claiming to be the spouse of someone killed in...
Ballan v. Gibson - 11/30/2004
In this medical malpractice case, LaQuida Ranay Ballan, appeals the trial court's order dismissing the claims against Gary Gibson, M.D., related to the death of his patient, Mr. Erik Ballan. Ballan contends the trial court erred in...
Biaggi v. Patrizio Restaurant Inc. - 11/24/2004
Patrizio's filed a motion for rehearing, which we deny. Although we deny the motion, this court's previous opinion of August 6, 2004, is withdrawn, and the following opinion issued.
This case involves an analysis of causation...
Dyall v. Simpson Pasadena Paper Co. - 11/24/2004
Affirmed; En Banc Rehearing Granted; Majority and Dissenting Opinions on Rehearing filed July 17, 2003, are Withdrawn; Majority and Dissenting Opinions on En Banc Rehearing filed November 24, 2004.
MAJORITY OPINION ON EN BANC...
McDonald v. Southern County Mutual Insurance Co. - 11/24/2004
In an insurance coverage bench trial arising from an auto-pedestrian accident, the trial court rendered a judgment in favor of appellee, Southern County Mutual Insurance Co. (Southern County), denying coverage. We hold that (1)...
Founders Commercial - 11/24/2004
In this insurance-coverage dispute, Founders Commercial, Ltd. d/b/a Westchase Gables ("Founders") appeals the trial court's summary judgment declaring that Trinity Universal Insurance Company ("Trinity") has no duty to defend or...
Boyd v. Kallam - 11/24/2004
I. Introduction
The trial court granted a partial summary judgment for Appellees on statute of limitations grounds in this medical malpractice case. Because Appellant Sharon Boyd pleaded the open courts provision of the Texas...
In re Chca Conroe - 11/23/2004
This original mandamus proceeding arises out of a medical malpractice case filed by Traci Jackson and Mike Jackson, acting individually and as next friend of Ryen D'Anne Jackson ("the Jacksons"), against the relators, CHCA Conroe,...
McKee v. McNeir - 11/22/2004
Billy Joe McKee, individually and as independent executor of the estate of Thelma McKee, deceased (McKee), appeals from a judgment denying him recovery against Dr. David G. McNeir (NcNeir), Dr. Dennis Dove, individually and d/b/a...
Lingafelter v. Shupe - 11/17/2004
This is a personal injury suit arising from a major multiple car/truck accident on Highway 67 at the Brazos River Bridge, which caused a fire completely destroying three of the vehicles and seriously injuring the occupants of the...
Contreras v. State - 11/12/2004
MEMORANDUM OPINION
Appellant Adelaida Contreras challenges the denial of her application for writ of habeas corpus seeking reduction of the bond in the case pending against her. The trial court, after a hearing on her request...
Courtney v. Nibco - 11/10/2004
Appellant Velma Courtney appeals from the trial court's grant of summary judgment in favor of Nibco, Inc. in her suit for worker's compensation-related retaliatory discharge. In two issues, Courtney claims her summary judgment...
Formosa Plastics Corp. - 11/10/2004
Following a jury trial in this suit for fraud, the trial court rendered judgment in favor of appellee, Kajima International, Inc. ("Kajima"). Appellant, Formosa Plastics Corporation, USA ("Formosa"), challenges the trial court's...
City of Waco v. Wright - 11/10/2004
In this interlocutory appeal, we have reviewed the trial court's denial of a plea to the jurisdiction filed by the City of Waco against claims brought by David Wright and Janet Key arising out of the deaths of two children, who...
City of San Antonio v. Hartman - 11/10/2004
AFFIRMED
The City of San Antonio ("City") appeals an interlocutory order rendered in favor Mark Hartman, Independent Executor of the Estate of Donna O'Bar, Deceased, and on behalf of her Statutory Beneficiaries; Mark Hartman,...
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