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.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
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,...
Cooper v. City of Texas City - 11/9/2004
Appellants, Jennifer Cooper, individually and as the surviving parent of Caroline Cooper and Alexis Cooper, and Theresa Turner, appeal the dismissal of their suit against appellee, the City of Texas City. In three issues, appellants...
Texas Tech University v. Gates - 11/9/2004
Texas Tech University appeals from the trial court's denial of its plea to the jurisdiction in a personal injury case. The order denying Texas Tech's plea to the jurisdiction is vacated and Gates's suit is dismissed for want of...
Garland Community Hospital v. Rose - 11/5/2004
Argued November 5, 2003
This action derives from Debi Rose's ("Rose") claim that Garland Community Hospital ("the Hospital") negligently credentialed a doctor who performed cosmetic surgery on Rose. We must decide whether a...
Andy's Marine - 11/4/2004
MEMORANDUM OPINION ON MOTION FOR REHEARING
Memorandum Opinion on Motion for Rehearing
Appellees, Morse Controls Limited (U.K.) and Morse Controls Division of IMO Industries, Inc. ("Morse"), filed a motion for rehearing...
Ector County v. Breedlove - 11/4/2004
After heavy rains in October 2000, Danny and Diane Breedlove's home was flooded. They sued Ector County, claiming that (1) Ector County, in performing its road and ditch work, negligently increased the grade near their home to the...
Alvarez v. Kirk - 11/4/2004
Concurring opinion by: Alma L. Lopez, Chief Justice
REVERSED AND REMANDED
The prior opinion and judgment issued in this case on November 3, 2004, were issued in error and are hereby withdrawn, and this opinion and...
Builders Transport - 11/3/2004
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...
[W] Alvarez v. Kirk - 11/3/2004
Concurring opinion by: Alma L. Lopez, Chief Justice
REVERSED AND REMANDED
Appellant, Janet Alvarez, seeks, by restricted appeal, to set aside two default judgments entered against her in the underlying personal injury...
In re A.B. - 2/27/2004
Appellant Kathryn Barker ("Kathryn") appeals the termination of her parental rights. Kathryn presents four issues on appeal. We affirm.
Background
Kathryn and Joey Leonard Barker ("Joey") are the parents of A.B., born on...
Hidalgo County v. Villalobos - 2/26/2004
This is a wrongful death case involving a fatal accident that occurred on Roosevelt Road, a dead-end road in Hidalgo County. A jury determined that Hidalgo County's negligence proximately caused the accident, and the trial court...
City of Houston v. Harris - 2/26/2004
The City of Houston ("City") appeals the trial court's denial of its plea to the jurisdiction, arguing that appellees, Thomas and Chorlottiea Harris, individually and as next friend of Joshua Harris, failed to plead sufficient facts...
Spindletop MHMR Center v. Beauchamp - 2/26/2004
Barbara Beauchamp filed suit as legal guardian on behalf of Alissa Humphrey for personal injuries Humphrey sustained during her residency at Spindletop MHMR Center. The trial court denied a plea to the jurisdiction filed by...
Wilson v. Wilson - 2/26/2004
Appellant Harold Wilson submits a restricted appeal from a default divorce judgment rendered in favor of appellee Veronica Wilson. We conclude that the evidence is factually insufficient to support the trial court's "just and right"...
[W] Gross v. Burt - 2/26/2004
A jury found several defendants negligent in this medical malpractice case regarding their failure to treat and diagnose twin premature infants for retinopathy of prematurity, which resulted in permanent injury and partial blindness...
Dominguez v. Payte - 2/25/2004
AFFIRMED
Rudy G. Dominguez, as the surviving spouse of Estella Dominguez, Leticia Dominguez, and Michael Dominguez (collectively, "Plaintiffs") appeal the trial court's dismissal of their medical malpractice suit. We affirm. ...
Tuley v. De Ruiz - 2/24/2004
In 1994, appellant Sue Tuley sued Dr. Francisco Ruiz-Ortiz, various companies of the Dow Corning family, a Dow employee, and the estate of a deceased Dow employee. Tuley alleged multiple causes of action, including misrepresentation,...
Chavez v. Medtronic - 2/19/2004
Fernando Chavez and his wife, Cecilia Lopez, appeal a summary judgment in favor of Medtronic, Inc. ("Medtronic"). On appeal, they raise four issues, arguing that the trial court erred in granting summary judgment in favor of...
Los Angeles Chemical Company v. Acevedo - 2/19/2004
Appellant, Los Angeles Chemical Company, brings this accelerated interlocutory appeal following the trial court's denial of its special appearance.
By one issue, appellant contends the trial court erred in denying its special...
Dixon v. E.D. Bullard Company - 2/19/2004
Appellant Roger Dixon asks this court to reverse a summary judgment granted in favor of appellees E. D. Bullard Company and Lone Star Industries, Inc. on his personal injury claims arising out of exposure to silica during his...
Urista v. Bed - 2/19/2004
OPINION ON MOTION FOR REHEARING
Appellee, Bed, Bath, and Beyond, Inc. (BBB), has filed a motion for rehearing of our opinion issued on June 12, 2003. We granted rehearing, appellant Rafael Urista filed a response, as requested,...
Allen v. Rushing - 2/19/2004
The trial court dismissed Anthony Allen's malpractice lawsuit against attorney Steven L. Rushing for want of prosecution. On appeal Allen contends (1) that the trial court's dismissal did not serve the ends of justice, (2) that the...
Hawkins v. Gomez - 2/19/2004
Appellant, Carla Hawkins, appeals an order dismissing her medical malpractice suit against appellees, Iracema Gomez, D.D.S. and Lewis and Associates d/b/a Southern Dental Associates, under the Medical Liability and Insurance...
In re Evans - 2/18/2004
Relator, Kenny Ray Evans, seeks the issuance of a writ of mandamus compelling the district clerk of Titus County, Texas, to issue citation in a case styled Evans v. Stacks, cause number 30713, filed in Titus County, Texas, and have...
Old American County Mutual Fire Insurance Company v. Renfrow - 2/13/2004
This is a declaratory judgment action to determine coverage under the "omnibus clause" of a commercial auto liability policy that insured an employer and "anyone else while using with your [that is, the employer's] permission a covered...
Cigna Healthcare of Texas - 2/12/2004
CIGNA Healthcare of Texas, Inc. appeals the trial court's judgment entered on the jury's verdict in favor of Dorothy Pybas and Shari L. Denton awarding $3,050,000 in actual damages and ten million dollars in exemplary damages....
Stout v. Burlington Northern and Santa Fe Railway Co. - 2/12/2004
Appellant William W. Stout, Jr. appeals a summary judgment dismissing the personal injury suit he brought under the Federal Employees' Liability Act (FELA) against The Burlington Northern and Santa Fe Railway Company. In one issue,...
Patton v. Heathsouth of Houston - 2/12/2004
Appellant, Dartanier Patton, sued appellee, HealthSouth of Houston, Inc. d/b/a HealthSouth Rehabilitation Hospital of North Houston (HealthSouth), for medical malpractice. Patton brings a single issue challenging the dismissal of his...
Base Marketing - 2/12/2004
Appellants Base Marketing, Inc., Soils Control International, Inc., and Andres Jackson (collectively "Soils Control") appeal from the summary judgment rendered against them in their suit against appellees Base-Seal International,...
Centerpoint Energy Houston Electric - 2/12/2004
Wilma and James Brunkenhoefer, individually and on behalf of the estate of Charles Brunkenhoefer, sued resident and non-resident defendants in Jefferson County district court. Plaintiffs say the defendants injured Charles and caused...
[W] Panatrol Corp. - 2/11/2004
DISMISSED FOR LACK OF JURISDICTION
This appeal arises from a larger suit filed by plaintiffs, Willowbrook Foods Inc., Promised Land Foods, Inc., and Sunday House Foods, Inc., against several defendants, including Emerson...
Goldberg v. Dicks - 2/11/2004
Following a jury trial, Appellants Paul Samuel Goldberg ("Goldberg") and Pacific Motor Transport Co., d/b/a Pacer ("Pacer"), challenge an $892,372.80 final judgment rendered in favor of James Dicks ("James"). In four issues, Goldberg...
Saporito v. Cincinnati Inc. - 2/10/2004
In this products liability and negligence case, appellant Joseph James Saporito appeals from a take-nothing summary judgment in favor of appellee, Cincinnati Incorporated. Concluding the statute of repose in the former version of...
Jones v. Ark-La-Tex Visiting Nurses - 2/10/2004
Brenda K. Jones appeals from the dismissal of her medical malpractice lawsuit against Ark-La-Tex Visiting Nurses, Inc., d/b/a Ark-La-Tex Home Health and Hospice Care (Ark-La-Tex). The trial court dismissed her lawsuit because it...
Rapp v. Mandell & Wright - 2/5/2004
OPINION ON MOTION FOR REHEARING
Robert D. Rapp's motion for rehearing is granted. The opinion and judgment issued August 28, 2003, are withdrawn and the following is substituted.
Robert D. Rapp, appellant, appeals from a...
In re Miller - 2/5/2004
Original Proceeding
MEMORANDUM OPINION
Linda Miller seeks a writ of mandamus to compel the trial judge to vacate an order that requires Relator to return certain documents identified as inadvertently produced privileged...
Gibson v. Ellis - 2/3/2004
This is an appeal from a legal malpractice case. The trial court granted a take-nothing judgment on appellant John Gibson's affirmative claims against appellee Al Ellis and awarded Ellis $41,000 in attorney's fees on his...
Russ v. Titus Hospital District - 2/3/2004
Robin Gwynne Russ appeals from a judgment dismissing her medical malpractice suit against Titus Hospital District, d/b/a Titus Regional Medical Center (the Hospital); Peggy Burge, R.N.; Rachel Meyers, R.N.; and Dr. Mark E. Quiring...
Cuellar v. Piskun - 1/30/2004
Gilbert Cuellar brings this appeal from a no-evidence summary judgment granted in favor of Walter Piskun, M.D. and Southwest Neuroscience and Spine Center on Cuellar's claim for medical malpractice. Agreeing with the parties that the...
C.M. Asfahl Agency v. Tensor - 1/29/2004
Appellant and appellee, C.M. Asfahl Agency (the Agency), plaintiff below, entered into sales and marketing agreements with appellants and appellees, Tensor, Inc. (Tensor), Quality Drilling Technology, Inc. (QDT), and Quantum...
Chair King - 1/29/2004
This is a complicated case in which we address several interesting and multi-faceted issues under the Telephone Consumer Protection Act, 42 U.S.C. ยง 227 ("TCPA").
Appellants, plaintiffs below, challenge the trial court's...
Macias v. Schwedler - 1/29/2004
Appellant, Sara Macias, individually, as representative for the Estate of Manuel Macias, and as next friend of Nancy Catalina Macias, Sara Maria Macias, Veronica Macias, Jose Manuel Macias, Anna Macias, and Enrique Macias...
Easter v. Technetics Management Corp. - 1/29/2004
Appellant, Dennis Easter, sued appellee, Technetics Management Corporation, for wrongful discharge, hostile work environment, and other employment-related claims. The trial court dismissed Easter's entire case on Technetics' motion...
[W] Brookshire Brothers - 12/31/2003
OPINION ON MOTION FOR REHEARING
Appellee, Wesley Smith, has filed a motion for rehearing and a motion for rehearing en banc. Appellant, Brookshire Brothers, Inc. (Brookshire), has filed a response to both motions. We grant...
J.M. Davidson - 12/31/2003
Argued on December 11, 2002
JUSTICE JEFFERSON delivered the opinion of the Court, joined by CHIEF JUSTICE PHILLIPS, JUSTICE HECHT, JUSTICE OWEN, JUSTICE WAINWRIGHT, and JUSTICE BRISTER.
JUSTICE SCHNEIDER filed a dissenting...
Kirksey v. Marupudi - 12/30/2003
Appellants Betty Gail Kirksey, individually and as independent executrix of the estate of Hershel Alford Boss, Barbara Lee Perdigan, Mary Omega Roys, Ronnie Joe Boss, David Garrel Boss, and Dolores Barber (collectively referred to as...
Bellino v. Commission for Lawyer Discipline - 12/29/2003
Joseph A. Bellino, III, appeals the trial court's order disbarring him. He asserts legal and factual insufficiency and charge error. He also asserts that the trial court erred in allowing belatedly disclosed witnesses to testify and...
F&S;Construction - 12/24/2003
AFFIRMED
This is a breach of construction contract case. Appellant F&S;Construction, Inc. (F&S; filed suit against appellees Max and Elsa Saidi for amounts allegedly owed to it under a residential construction contract....
Provident Life and Accident Insurance Co. v. Knott - 12/19/2003
Argued on March 19, 2003
Motion for rehearing denied February 13, 2004.
JUSTICE WAINWRIGHT delivered the opinion of the Court.
In this insurance coverage dispute, we construe the definition of total disability found...
Munoz v. Munoz - 12/19/2003
Appellant Luis Munoz appeals the property division in his divorce from Appellee Patricia Munoz. On appeal, Appellant raises two issues, in which he contends the trial court erred in mischaracterizing certain property as Appellee's...
Retzlaff v. Texas Department of Criminal Justice - 12/18/2003
OPINION ON MOTION FOR REHEARING
Appellant, Thomas Retzlaff, has filed a motion for rehearing and motion for rehearing en banc. We deny rehearing, but withdraw our opinion and judgment of October 23, 2003, and issue this new...
Sanchez v. Matagorda County - 12/18/2003
This is a wrongful-death action. Mary Sanchez appeals from a summary judgment predicated on the sovereign immunity of appellee, Matagorda County (the County). By a single point of error, appellant generally contends the trial court...
Youngblood v. U.S. Silica Co. - 12/18/2003
Near the end of his forty years of employment with Kilgore Ceramics, Johnny Youngblood developed respiratory problems. He eventually retired and learned his breathing difficulties were caused by the work-related illness, "silicosis."...
Harris County v. Gibbons - 12/16/2003
In this negligence action, Harris County appeals a judgment in favor of appellee, Barbara Gibbons, on the grounds that: (1) the evidence was legally and factually insufficient to support the jury's finding that a Harris County deputy...
Birdwell v. Texarkana Memorial Hospital - 12/12/2003
The Estate of Bessie Mae Birdwell, Deceased, by and through its independent administrator, David W. Birdwell, and David W. Birdwell, Individually, (the Estate) appeals the trial court's dismissal of their suit against Texarkana...
Gray v. City of Galveston - 12/11/2003
Appellant Lavonda Gray, individually and as the surviving parent of Labroderick Gray ("Gray"), appeals the dismissal of her wrongful death suit against appellees, the City and County of Galveston, and the City's Park Board of...
Frost National Bank v. L&F;Distributors - 12/11/2003
OPINION ON REHEARING
In an order dated July 18, 2003, we granted the parties' joint motion for rehearing. We now withdraw our prior disposition of the case and issue the following opinion in its place. See Tex. R. App. P. 49.3....
Phillips Petroleum Co. v. Brantley - 12/11/2003
Appellant Phillips Petroleum Company ("Phillips") appeals from a final judgment that denied Phillips' plea in intervention asserting a subrogation interest. On appeal, Phillips raises four issues for review, arguing that the trial...
Mayberry v. American Home Assurance Co. - 12/11/2003
This is an appeal from a summary judgment in a workers' compensation case. Appellant John Mayberry was injured at work. His employer carried workers' compensation insurance through appellee, American Home Assurance Company. Mayberry...
[W] Atlantic Lloyds Insurance Company of Texas v. Butler - 12/5/2003
These appeals arise from the trial court's rulings on multiple motions for summary judgment, which disposed of all of the parties' claims, counterclaims, and third-party claims made in connection with a 1993 settlement agreement in a...
Crowley v. Hinson-Crowley - 12/4/2003
Ahmed Crowley, acting pro se, appeals from the trial court's judgment in a divorce suit brought by appellee Donna Lenita Hinson-Crowley (Hinson). We will affirm the trial court's judgment.
Factual and Procedural Background ...
Howard v. East Texas Baptist University - 12/4/2003
While visiting an outdoor swimming pool, which was owned by East Texas Baptist University (ETBU) and made publicly available for a nominal fee, Michelle Howard allegedly injured her back when the pool's diving board "double bounced."...
State v. Shumake - 12/4/2003
A child drowned in a man-made culvert while swimming in the Blanco River in Blanco State Park. Her parents, Ricky and Sandra Shumake, brought suit against The State of Texas, acting through the Texas Department of Parks and Wildlife,...
State v. King - 11/26/2003
Elkanah Henry King and Mary King, individually, and as representatives of the estate of Alfred K. King (King), sued the State of Texas, Rusk State Hospital, and the Texas Department of Mental Health and Mental Retardation...
Hefley v. Sentry Insurance Co. - 11/26/2003
AFFIRMED
Ian Hefley ("Hefley") appealed the decision of the Texas Workers' Compensation Commission Appeals Panel by filing suit in district court. Prior to trial, Sentry Insurance Co. ("Sentry") filed special exceptions to...
In re Trinity Universal Insurance Co. - 11/26/2003
In this original proceeding, Relator Trinity Universal Life Insurance Company ("Trinity") seeks a writ of mandamus requiring the trial court to (1) vacate its order denying Trinity's motion for severance and abatement and (2) enter...
Darpino v. T.D.C.J.-I.D. - 11/26/2003
Appellant Edward Darpino ("Darpino") is an inmate in the Texas Department of Criminal Justice-Institutional Division ("TDCJ"). Proceeding pro se and in forma pauperis, Darpino sued TDCJ under the Texas Tort Claims Act. The trial...
Del Villar v. Garcia - 11/26/2003
In the underlying case, Hector Garcia and Hilda Garcia, individually and as next friends of Ryan Garcia, a minor, brought suit against Ricardo G. Del Villar, M.D., Valley Urological Clinic (the "Clinic"), Monzer H. Yazji, M.D.,...
In re Terex Corp. - 11/25/2003
AN ORIGINAL PROCEEDING IN MANDAMUS
OPINION ON PETITION FOR WRIT OF MANDAMUS
This is an original proceeding in mandamus. Relators seek a writ of mandamus requiring the Honorable Max Higgs, Judge of the El Paso County...
Perkins v. Dynasty Group Auto - 11/25/2003
This is an appeal from a summary judgment. For the reasons stated, we affirm.
I. SUMMARY OF THE EVIDENCE
A. Parties
Appellants Leslie Warren Perkins and Dorothy Alma Perkins (the "Perkins") are the surviving parents...
Columbia Medical Center of Las Colinas v. Bush - 11/20/2003
I. Introduction
Appellants Columbia Medical Center of Las Colinas d/b/a Las Colinas Medical Center ("Medical Center") and Lisa Crain, R.N. ("Nurse Crain") appeal the judgment rendered against them and in favor of Scott Bush...
DaimlerChrysler Corporation v. Inman - 11/20/2003
DaimlerChrysler Corporation has filed and argued an interlocutory appeal with this Court challenging the trial court's certification of two nationwide classes for purposes of suing DaimlerChrysler on claims arising out of its design,...
Lopez v. Montemayor - 11/19/2003
AFFIRMED
This is an appeal from the dismissal of a medical malpractice claim for failure to timely file an expert report pursuant to section 13.01 of the Medical Liability and Insurance Improvement Act. See Tex. Rev. Civ. Stat....
Brunner v. Wilson - 11/19/2003
DISMISSED FOR WANT OF JURISDICTION
This case arises from a wrongful death and survival action. In September of 2001, Appellant Joy Brunner filed a wrongful death and survivorship action against Randy, Stephanie, and Brian...
Perry v. Stanley - 11/14/2003
Gerald Allen Perry was an inmate at the Barry Telford Unit in New Boston, Texas. Perry sued Reginaldo Stanley, Clovis Gilbert, Lowry Powers, and Jonathan Pleasant for allegedly providing negligent medical care and treatment to Perry...
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
|
|