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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Equistar Chemicals - 11/13/2003
Equistar Chemicals, L.P. sued Dresser-Rand Company for damages resulting from the failure of two impellers, integral components in two large compressors Dresser sold to Equistar's predecessor in 1975. The trial court denied Dresser's...
Rusk v. Runge - 11/13/2003
This is a second appeal of a judgment dividing property in a divorce proceeding between Byron Walter Rusk and Sheila Spencer Rusk. In the first appeal, we held that the trial court improperly characterized some of Byron's separate...
Wilson v. Texas Workers' Compensation Commission - 11/13/2003
Marqueth Wilson ("Wilson") brings this pro se interlocutory appeal challenging an order granting a plea to the jurisdiction filed by the Texas Workers' Compensation Commission ("TWCC"). Wilson raises five issues on appeal. We affirm....
Hodnett v. Amerind Oil Co. - 11/13/2003
Darrell Hodnett appeals from a take nothing judgment rendered against him and in favor of Amerind Oil Company, Ltd. and James E. Yeley, doing business as Yeley Operating. We affirm.
Factual and Procedural Background ...
Long v. Long - 11/12/2003
AFFIRMED
James Long ("Long") sued Dr. James Long, Dr. John H. Miller, the University of Texas Medical Branch-Galveston ("UTMB"), the Texas Department of Criminal Justice-Institutional Division ("TDCJ"), and other unknown...
Lawrence v. City of Wichita Falls - 11/6/2003
Appellant, Larry D. Lawrence, Sr. (Larry, Sr.), filed suit against the City of Wichita Falls (the City) for the drowning death of his son Larry D. Lawrence, Jr. (Larry, Jr.). Larry, Jr. drowned in an irrigation siphon owned in part...
Zaragosa v. Chemetron Investments - 11/6/2003
I. INTRODUCTION
This is a products liability case arising out of injuries sustained by appellant Francisco Zaragosa, an employee of H&M;Food Systems Company, Inc. on September 2, 1997. While working near the lower opening...
American Home Assurance Company - 11/6/2003
American Home Assurance Company, Inc. (American Home) and The Travelers Indemnity Company (Travelers) sought a declaratory judgment against the Unauthorized Practice of Law Committee (UPLC) that using lawyers who are employees of an...
Webb County v. Sandoval - 11/5/2003
REVERSED AND DISMISSED
Webb County, Texas ("Webb County") appeals the trial court's order denying its plea to the jurisdiction based upon sovereign immunity. Because we conclude that the relevant evidence regarding jurisdiction...
Haygood v. Chandler - 10/31/2003
F. Donald Haygood, M.D., P.A. (the "Association") appeals a take-nothing verdict in favor of Randy Chandler ("Chandler") and also appeals the grant of summary judgment in favor of Rex A. Nichols, Jr. ("Nichols"), Andrew G. Khoury...
City of Friendswood v. Adair - 10/30/2003
In this interlocutory appeal, appellants, the cities of Friendswood, League City and Dickinson, Texas (collectively "the Cities"), contend that the trial court erred in denying their plea to the jurisdiction because the Cities are...
State Auditor's Office v. Mora-Nichols - 10/30/2003
The Texas State Auditor's Office appeals the county court at law's denial of its plea to the jurisdiction. Rosa Mora-Nichols filed this lawsuit, pursuant to the Uniform Declaratory Judgments Act, seeking to establish her rights as...
George v. Houston Eye Associates - 9/30/2003
This is a medical malpractice case. Pro se appellant, Albert G. George, challenges the trial court's dismissal of his lawsuit for failure to comply with the provisions of the Medical Liability and Insurance Improvement Act of Texas...
Telles v. Samaniego - 9/30/2003
This is an appeal from the granting of a motion for summary judgment in favor of Appellee, Leo Samaniego in his official capacity as Sheriff of El Paso County, Texas, and a denial of a motion for summary judgment against Appellant,...
Satterfield & Pontikes Construction - 9/26/2003
In this breach of contract case against the Irving Independent School District, we must decide whether the Legislature intended to waive the District's immunity from suit by enacting section 11.151 of the Texas Education Code....
United States Fire Insurance Co. v. Alsup - 9/25/2003
In this workers' compensation case, Appellant United States Fire Insurance Company ("U.S. Fire") appeals from the trial court's order granting summary judgment to Appellee William J. Alsup. We affirm.
Factual and Procedural...
Barko v. Genzel - 9/25/2003
This case involves the former Medical Liability and Insurance Improvement Act's (hereinafter "the former Act") expert report requirements. See TEX. REV. CIV. STAT. ANN. art. 4590i, section 13.01, repealed by Act of June 2, 2003, 78th...
Davila v. Vanover - 9/24/2003
AFFIRMED
This is a medical-malpractice action involving a misdiagnosis of colon cancer. Appellee, Marilyn Vanover, M.D., was sued by appellant, Christine Davila, for malpractice arising from Dr. Vanover's physical examination...
Harrison v. Bhatia - 9/24/2003
REVERSED AND REMANDED
Janie and Alex Harrison appeal the trial court's summary judgment in their suit against Dr. Neera Bhatia for medical malpractice. We hold the Harrisons presented evidence sufficient to raise a genuine...
Thomas v. Dickson - 9/23/2003
Shirley Thomas, as next of friend of Jena Thomas, sued Robert Lee Dickson, II, for negligence, gross negligence, and breach of implied warranty after the kitchen ceiling in her apartment allegedly fell on her head. Prior to trial,...
Dubose v. Worker's Medical - 9/23/2003
Jennifer Gaye Dubose appeals the summary judgment granted in favor of Worker's Medical, P.A. and Warren Roquet, M.D. on her claims for fraud, negligent misrepresentation, and breach of the duty not to injure. We affirm, in part, and...
D. M. Diamond Corp. v. Armored - 9/23/2003
Motion for Rehearing Overruled Opinion of June 12, 2003 Withdrawn, Reversed and Remanded and Opinion filed September 23, 2003.
OPINION ON MOTION FOR REHEARING
Our opinion of June 12, 2003 is withdrawn, and this opinion is...
Charles v. Crouch - 9/17/2003
AFFIRMED
Appellants David and Maria Charles filed a medical malpractice suit against Dr. David Crouch on March 15, 2001. Crouch filed a motion to dismiss the case, alleging that the Charleses had not timely complied with his...
Williams v. Houston Firemen's Relief and Retirement Fund - 9/12/2003
OPINION ON REHEARING
Appellant, firefighter Elmer F. Williams II, appeals a take-nothing judgment rendered after the trial court denied Williams's motions for partial summary judgment and granted (1) the summary judgment motions...
Warner-Lambert Co. v. Mills - 9/11/2003
This is an interlocutory appeal of an order certifying a class action. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (Vernon Supp. 2003). Appellants initially complain that the trial court lacked jurisdiction to enter the...
Delta Air Lines - 9/11/2003
Argued on January 15, 2003
We grant Robert C. Black's motion for rehearing in part. We withdraw our opinion of June 26, 2003 and substitute the following in its place.
The Airline Deregulation Act of 1978 (ADA) provides...
Stephenson v. Leboeuf - 9/11/2003
This case involves not only an interpretation of a judgment issued by this Court, but the judgment of a trial court. It also involves a separate garnishment/interpleader action. Appellant, Cecil B. Stephenson, Jr., brings this appeal...
Golden Eagle Archery - 9/11/2003
Argued on October 16, 2002
Justice Owen delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Enoch, Justice Smith, and Justice Wainwright joined.
Justice O'Neill filed a concurring...
Southern v. R & M Mixed Beverage Consultants - 9/10/2003
Pending before the Court is the joint motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(2), which states:
(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:
(2) By...
Allstate Insurance Co. v. Hicks - 9/10/2003
Allstate Texas Lloyds (Allstate) brings this appeal from a final summary judgment declaring it contractually obligated to pay the defense costs of its insured, appellee Alvin Hicks (Hicks), in an action brought against him by the...
In re J.N.F. - 9/9/2003
Appellant, J.S.F., the biological father of minor children J.N.F. and J.M.F. ("the children") brings this appeal following the trial court's order terminating his parental rights to both children, granting their adoption by J.A.B.,...
Wood v. Phillips Petroleum Company - 9/9/2003
In this wrongful death action, Susan Wood, individually and as representative of the estates of J. D. McCullough and Fern McCullough, and the estate of J. D. McCullough appeal a summary judgment in favor of Phillips Petroleum...
Moni Pulo Limited Trutec Oil And Gas - 9/9/2003
Trutec Investment Services Company Limited (a Nigerian corporation) sued Moni Pulo Limited (another Nigerian corporation) based on an agreement between the parties related to development of an oil field (at least partly Nigerian)....
Ex parte Cooper - 8/29/2003
Gary Norman Cooper was arrested in January 2003 after complaints were filed accusing him of sexually assaulting his two granddaughters, who were then thirteen and nine years old, respectively. Bail was set in each case at $100,000....
Vasquez v. Hyundai Motor Co. - 8/29/2003
ON MOTION FOR RECONSIDERATION EN BANC
REVERSED AND REMANDED
Victor and Brenda Vasquez's motion for reconsideration en banc has been granted and the panel opinion and judgment issued August 21, 2002 have been withdrawn....
University of North Texas v. Harvey - 8/29/2003
I. Introduction
The University of North Texas (UNT) appeals the denial of its plea to the jurisdiction asserting sovereign immunity. In three issues, UNT contends that the trial court erred by failing to grant UNT's plea to the...
Zuniga v. Wooster Ladder Co. - 8/29/2003
ON MOTION FOR EN BANC RECONSIDERATION
Concurring opinion by: Alma L. López, Chief Justice
AFFIRMED
The motion for en banc reconsideration is granted and the panel opinion and judgment dated December 12, 2001 are...
Payne v. Mid-Century Insurance Company of Texas - 8/29/2003
This is an appeal from a summary judgment rendered against appellants Kathryn Payne and Carnell Gulley. The parties stipulated to certain material facts. The dispute arose out of a motor vehicle collision with a third party; both...
Robinson v. Murthy - 8/29/2003
MEMORANDUM OPINION
I. Introduction
Appellant Victor Robinson appeals from the dismissal of his medical malpractice suit against Appellee Chaturvedula P. Murthy, M.D., a/k/a/ Murthy, M.D., F.A.C.S. Robinson raises four...
Walker v. Corley - 8/29/2003
Appellant, Shirley Walker, appeals from a summary judgment granted in favor of appellee, Ronald G. Corley, M.D., P.A. ("Corley"), in a medical malpractice action. In three issues, appellant contends the trial court erred in granting...
Ter-Vartanyan v. R&R;Freight - 6/27/2003
Appellant Arpenik Ter-Vartanyan appeals from a take-nothing judgment on her personal injury claim against appellees R&R;Freight, Inc. and Willie James Coleman. In three issues, Ter- Vartanyan argues the trial court erroneously...
Roventini v. Ocular Sciences - 6/26/2003
Appellants, Donald Roventini and Tammy Roventini, individually and as next friends of Michael Roventini (collectively, the Roventinis) bring this restricted appeal under rule 30 of the Rules of Appellate Procedure to challenge a...
Delta Air Lines - 6/26/2003
Argued on January 15, 2003
The Airline Deregulation Act of 1978 (ADA) provides that states "may not enact or enforce a law . . . related to a price, route, or service of an air carrier . . . ." 49 U.S.C. § 41713(b)(1). This case...
Town of Flower Mound v. League - 6/26/2003
OPINION ON REHEARING
I. Introduction
We withdraw our opinion and judgment of April 17, 2003 and substitute the following. We deny the Town of Flower Mound's motion for rehearing.
In this whistleblower case, the Town...
[W] Utica National Insurance Company of Texas v. American Indemnity Company - 6/26/2003
Argued on January 15, 2003
Chief Justice Phillips delivered the opinion of the Court with respect to all parts except II(B), in which Justice Hecht, Justice Owen, Justice O'Neill, Justice Jefferson, Justice Schneider, Justice...
McIntyre v. Ramirez - 6/26/2003
Argued on February 5, 2003
In this medical malpractice action arising from the emergency delivery of an infant, defendant Dr. Douglas McIntyre moved for summary judgment raising the Good Samaritan statute as an affirmative...
Morrison v. Cogdell - 6/26/2003
MEMORANDUM OPINION
E.W. Morrison, III appeals from the trial court's judgment for Donna Cogdell. In four issues, Morrison complains that the trial court improperly failed to file findings of fact and conclusions of law; there is...
Schafer v. Texas Dept. of Transportation - 6/26/2003
Following a car accident in which she was injured and her daughter was killed, appellant Katie Schafer sued appellee the Texas Department of Transportation ("TxDOT") for negligence, wrongful death, and premises liability, alleging...
Anderson v. City of San Antonio - 6/25/2003
Karen Angelini, Justice
Concurring opinion by: Sandee Bryan Marion, Justice
AFFIRMED
In this case, we determine whether the trial court erred by granting the City of San Antonio's motion to dismiss based on the...
Martinez v. Graves - 6/25/2003
REVERSED AND REMANDED
This is a wrongful death and survival action. Appellant Maria M. Martinez sued appellee Browder Lee Graves for damages when her son, Gabriel Adrian Gonzalez, was killed in a collision between Gonzalez's...
Parsons v. Turley - 6/23/2003
AFFIRMED
OPINION ON REMAND
Roger K. Parsons, individually and as administrator of the estate of Esther Ann Parsons, appeals the trial court's summary judgment entered in favor of Windle Turley and Windle Turley, P.C. The...
Marts v. Transportation Insurance Company - 6/19/2003
This is an appeal from the trial court's summary judgment in favor of appellee Transportation Insurance Company (TIC). In four points appellant Margaret Katherine Marts, on behalf of Charles A. Marts, deceased (Katherine), contends...
Mauskar v. Hardgrove - 6/19/2003
Appellant, Anant N. Mauskar, appeals the summary judgments granted in favor of appellants, Joseph E. Hardgrove, Individually, and as Agent and/or Broker for General American Life Insurance Company, General American Life Insurance...
Walker v. Gutierrez - 6/19/2003
As amended June 20, 2003. Motion for rehearing denied August 21, 2003.
GEOFFREY S. WALKER, M.D., HARRY F. GOSS, JR., M.D., RENAL PHYSICIANS OF NORTH TEXAS, L.C., MID-CITIES NEPHROLOGY ASSOCIATION, P.A., D/B/A IRVING DIALYSIS...
Le v. Kilpatrick - 6/18/2003
OPINION ON APPELLEES' MOTION TO DISMISS INTERLOCUTORY APPEAL
This is an interlocutory appeal from the trial court's denial of special appearances filed by Huan Le, M.D. and Tri-State Medical Clinic, A.P.M.C. (collectively "Le")....
Cumberland Casualty & Surety Company v. Nkwazi - 6/12/2003
This case arises out of a surety's obligation under a performance bond. Appellee Nkwazi, L.L.C. ("Nkwazi"), a limited-liability company owned and operated by four persons, including Kalpesh Patel and Rajeev Patel, contracted with...
McInnis v. Gross - 6/12/2003
Appellants Janine Charboneau McInnis and William A. McInnis appeal a take-nothing judgment granted in favor of Michael Gross, M.D. In two points of error, appellants contend the trial court erred in (1) severing their claims against...
[W] Urista v. Bed - 6/12/2003
Rafael Urista appeals a take-nothing jury verdict in his personal injury suit against Bed, Bath, and Beyond, Inc. (BBB). In his first three issues, Urista contends that the trial court committed reversible error during jury...
Archer Daniels Midland Company v. Bohall - 6/12/2003
This is an appeal from a judgment based upon a purported jury verdict in which the jury awarded damages in favor of Gerald Bohall and Maritha Bohall and against Archer Daniels Midland Company in a wrongful death case. We reverse and...
Stephens v. Docefino - 6/12/2003
OPINION ON MOTION FOR REHEARING
Appellees have moved for en banc rehearing of the panel's opinion and judgment. The panel withdraws its opinion of August 8, 2002 and substitutes this opinion in its place; however, the disposition...
Moritz v. Preiss - 6/12/2003
The trial court rendered a judgment against petitioner that did not name one of the defendants. We must decide whether the trial court's original judgment was final. If it was, then the petitioner's amended motion for new trial filed...
[W] D.M. Diamond Corp. v. Dunbar Armored - 6/12/2003
This appeal centers on the law applicable to the loss of a package of diamonds shipped in interstate transport.
Appellant, D. M. Diamond Corporation ("DM"), a shipper, appeals a take-nothing summary judgment in favor of...
Richard v. Reynolds Metal Company - 6/12/2003
This is a wrongful death and survival action by the widow Gilda Richard and her minor daughter, Kayla Richard, appellants. Their claims against Reynolds Metals Company, appellee, were denied by summary judgment granted in June 2001....
Lopez v. McMillion - 6/11/2003
REVERSED AND RENDERED
This is an appeal from an order denying a plea to the jurisdiction filed by a governmental unit. Donna and Gary McMillion brought a negligence suit against Bexar County and Bexar County Sheriff Ralph López...
Houston v. Northwest Village - 6/10/2003
Appellant Kathy Houston appeals the summary judgment granted by the trial court in favor of appellees Northwest Village, Ltd. and Medlock Southwest Management Corporation. We will reverse the summary judgment and remand the case to...
Gonzalez v. McAllen Medical Center - 6/5/2003
Appellants, Oscar Gonzalez, Emma Gonzalez, Enrique Gonzalez, Jr., Armando Gonzalez, Ricardo Gonzalez, and Hector Gonzalez, plaintiffs in the trial court below, appeal the take-nothing judgment awarded appellees, McAllen Medical...
Collinsworth v. Eller Media Co. - 6/5/2003
This is a personal injury case. Plaintiff/appellant, Daniel R. "Danny" Collinsworth, sued the following defendants/appellees: (1) Eller Media Company; Eller Media Corporation; Clear Channel Communications, Inc.; Patrick Media Group,...
Schlueter v. Carey - 6/5/2003
Introduction
In this premises liability case, appellants Mike Schlueter and Entertainment Properties, Inc. appeal from the trial court's judgment for appellee Billie Jean Carey. In five issues, appellants contend that the...
Lovato v. Austin Nursing Center - 6/5/2003
Our opinion and judgment issued on March 27, 2003 are withdrawn, and the following opinion is substituted.
Pauline Wilson Lovato, as independent administrator of the estate of her mother, Margarita Torres Wilson, appeals the...
Crofton v. Amoco Chemical Co. - 5/30/2003
In this toxic tort lawsuit, appellants brought claims for recovery of personal injury and property damages against appellees, Amoco Chemical Company, Amoco Gas Company, Amoco Oil Company, Amoco Production Company, Monsanto Company,...
Denson v. T.D.C.J.-I.D. - 5/30/2003
Inmate Tommie J. Denson ("Denson") filed a pro se in forma pauperis civil suit for an injury to his hand. He filed suit against the Texas Department of Criminal Justice-Institutional Division (T.D.C.J.-I.D.), and its employees (Tito...
[W] Prostok v. Browning - 3/28/2003
Before Justices Moseley, and O'Neill
This case stems from the bankruptcy proceedings of National Gypsum Company ("National Gypsum") and its parent company, Aancor Holdings, Inc. ("Aancor"). Appellants asserted various state law...
Lovato v. Austin Nursing Center - 3/27/2003
On behalf of herself and other wrongful death beneficiaries, Pauline Wilson Lovato appeals the dismissal of a wrongful death medical negligence lawsuit against Austin Nursing Center, Inc., d/b/a Austin Nursing Center; Century Care of...
[W] Lovato v. Austin Nursing Center - 3/27/2003
OPINION WITHDRAWN and new opinion filed June 5, 2003.
PAULINE WILSON LOVATO, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MARGARITA TORRES WILSON, DECEASED, APPELLANT v. AUSTIN NURSING CENTER, INC., D/B/A AUSTIN NURSING CENTER;...
Gibson v. Tolbert - 3/27/2003
James Tolbert is an indigent inmate who filed a pro se medical malpractice claim against Dr. Louis Gibson, a prison doctor who provided medical services to Tolbert. Tolbert asked the trial court to appoint counsel. The motion was never...
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