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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French v. Glorioso - 11/20/2002
AFFIRMED
Karen, Jim, and Joyce French (the "Frenches") appeal the trial court's orders granting Vincent Glorioso's and the Glorioso Law Firm's (the "appellees") joint special appearance. According to the Frenches, the trial court...
Tavarez v. Smith - 11/15/2002
Reynaldo Tavarez brings this restricted appeal after the district court rendered a no-answer default judgment in favor of John and Melissa Smith and awarded them damages of $455,000. Tavarez contends that error is apparent on the face...
Majzoub v. Appling - 11/14/2002
OPINION ON REHEARING
We deny appellant's motion for rehearing. Tex. R. App. P. 49.3. We withdraw our August 30, 2002 opinion, substitute this opinion in its place, and vacate our August 30, 2002 judgment.
In this medical...
Crocker v. Paulyne's Nursing Home - 11/8/2002
In this wrongful death and survival action, appellants Johnny R. Crocker, individually and as representative of the Estate of Debbie Kay Crocker, Robby Joe Crocker, Billy Jack Crocker, and Billie Smith appeal a "no evidence" summary...
Shaw v. BMW Healthcare - 11/8/2002
OPINION ON MOTION FOR REHEARING
Appellant Jimmie Shaw, Individually and as Representative of the Estate of Aubrey J. Shaw, and on behalf of her children, Bob Shaw, Bill Shaw and Kim Shaw Klein ("the Shaws") filed a motion for...
El Paso County v. Maynes - 11/7/2002
Ruben Maynes and his wife Frances, individually and on behalf of their four minor children, filed suit against Ronald Nanos, the City of El Paso, and El Paso County, Texas to recover damages as a result of an automobile-pedestrian...
Swanner v. Bowman - 11/7/2002
This case requires us to determine whether the claims brought by M.B. Swanner and Mona Swanner, individually and as executrix of the Estate of Rex Swanner, deceased, against Richard Thomas Bowman, Jane Doe, Texas Healthcare Systems,...
Bowers v. Bell - 11/6/2002
Before the Court is appellees' October 23, 2002 amended emergency motion for dismissal of appeal for want of jurisdiction, appellants' October 31, 2002 response to appellees' amended emergency motion for dismissal of appeal for want...
St. Joseph Hospital v. Wolff - 11/5/2002
Argued on September 20, 2000
Justice Moseley delivered the judgment of the Court in which Chief Justice Phillips, Justice Hecht, Justice Owen, Justice O'Neill, and Justice Jefferson joined, and an opinion in which Justice Hecht,...
Horsley-Layman v. Angeles - 10/31/2002
Introduction
Appellants Heidi C. Horsley-Layman and Jeremy Roy Layman appeal from the trial court's dismissal of their medical malpractice lawsuit due to their failure to provide expert reports that meet the requirements of...
City of Bellmead v. Torres - 10/31/2002
Argued on March 6, 2002
Justice Enoch delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Owen, Justice O'Neill, Justice Jefferson, Justice Rodriguez, and Justice Schneider joined. ...
Roberts v. Ogletree - 10/31/2002
Appellant Mary Ann Roberts appeals from a trial-court judgment based on a jury's verdict in a vehicular accident case. The jury awarded Roberts a fraction of her claim for past medical expenses but awarded no damages for past or future...
Barrios v. Orsak - 10/31/2002
Appellant, Ober Antonio Barrios (Plaintiff), sued appellee, Marla Dee Orsak (Defendant), for personal injuries resulting from a car accident. The jury found that Plaintiff suffered money damages in the amount of $18,125.85. Based on...
Erazo v. State - 10/31/2002
A jury found appellant guilty of murder and assessed life imprisonment and a $10,000 fine. In two points of error, he argues the trial court erred in sua sponte dismissing a juror who was not disqualified and in admitting a...
In re Transwestern Publishing Company - 10/30/2002
I. Introduction
Relators TransWestern Publishing Company, L.L.C., TransWestern Holding L.P., and Bill Lexa filed a petition for writ of mandamus and a motion for emergency relief on September 10, 2002, requesting that we order...
Trevino v. Christus Santa Rosa Healthcare Corp. - 10/30/2002
Concurring opinion by: Sandee Bryan Marion, Justice
AFFIRMED
Appellants, Pearl Treviño and Roman Ramos, sued appellees, Christus Santa Rosa Healthcare ("Santa Rosa") and Nichola Harlan ("Harlan"), for intentional infliction...
Uzoh v. Ikeakor - 9/30/2002
In this appeal, appellants John and Vera Uzoh seek reversal of a take-nothing summary judgment in favor of appellees Gabriel and Obi Ikeakor (the Ikeakors). In their suit, appellants sought recovery on negligence claims arising from...
Reese v. Fort Worth Osteopathic Hospital - 9/26/2002
This appeal presents the question of whether our holding in Parvin v. Dean, 7 S.W.3d 264 (Tex.App.-Fort Worth 1999, no pet.), requires that we allow appellants to seek recovery for the death of their viable full- term unborn child...
Renteria v. Housing Authority of the City of El Paso - 9/26/2002
Opinion released for publication October 23, 2002.
MARIA RENTERIA, INDIVIDUALLY AND ON BEHALF OF JESUS RENTERIA, A MINOR CHILD, APPELLANT, v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS, APPELLEE.
Appeal from County...
Texas State Bank v. Amaro - 9/26/2002
Argued on October 3, 2001
Justice Rodriguez delivered the opinion of the Court.
Justice Schneider did not participate in the decision.
We overrule Texas State Bank s and Rutilo Vargas Amaro s motions for rehearing. We...
In re Ford Motor Company - 9/26/2002
Pending before the Court is an agreed motion to dismiss the petition for writ of mandamus as moot. The motion is granted, our prior order staying proceedings in the trial court is lifted, and the petition is dismissed as moot. ...
In re Morris - 9/20/2002
In this original proceeding, relator Olivia Morris, M.D., asks us to mandamus the Honorable David Gleason, Judge of the 47th District Court of Potter County, Texas. The action arises out of an underlying suit filed by Donna and Ralph...
Madeksho v. Abraham - 9/19/2002
Opinion vacated July 10, 2003.
LAWRENCE MADEKSHO, ROY MALONE, MARY MALONE, THOMAS GILLESPIE, AND PATRICIA GAREFALOS, APPELLANTS v. ABRAHAM, WATKINS, NICHOLS & FRIEND, ROBERT E. BALLARD, AND THE LAW OFFICES OF ROBERT E....
Crane Carrier Company v. Bostrom Seating - 9/19/2002
Dagoberto Gonzales brought suit against Patrick Athey and Crane Carrier Co. ("Crane") for injuries sustained in a rollover accident that occurred while he was driving a garbage truck manufactured and sold by Crane. Crane brought...
Anderson v. McCray - 9/19/2002
Appellants, Walter James Anderson and Rolland D. Fields, bring this restricted appeal from the trial court's order dismissing their claims against Liberty Cab Company, Inc. (Liberty) and Lee McCray for want of prosecution. In three...
In re Koehn - 9/19/2002
Relator, Chad Koehn, petitions for a writ of mandamus to the Honorable Joe D. Clayton, serving as a visiting judge in the 124th Judicial District Court of Gregg County. Koehn requests this court to order Judge Clayton to vacate his...
Pacific Employers Insurance Co. v. Brown - 9/17/2002
Pacific Employers Insurance Company, the workers' compensation insurance carrier for the employer of the defendant, Jimmy I. Brown, an injured worker, appeals the trial court's judgment that Brown have and recover indemnity benefits...
Rice v. Louis A. Williams & Associates - 9/13/2002
Kimberly Rice, acting individually and as next friend of Kara Garrett, Gala Rice, and Kourtney Martin (collectively, the Rice Appellants), along with Tri-State Pipe & Equipment, Inc., Tri-State Exploration & Production, Inc.,...
Devora v. State - 9/12/2002
Appellant, David Carl Devora, was arrested and charged with the felony offense of failure to stop and render aid. Appellant pled not guilty to the offense and requested a jury trial on guilt/ innocence and elected to proceed before...
Sykes v. Harris County - 9/12/2002
Faye Sykes, individually, and as next friend of Trenard Battle appeals the trial court's orders granting Harris County's plea to the jurisdiction and Carl Borchers's motion for summary judgment. We affirm, as reformed, in part and...
Bren-Tex Tractor Co. - 9/12/2002
In this statutory indemnity case, Bren-Tex Tractor Co., Inc. and BrenTex Farm and Ranch Service (collectively, "Bren-Tex") appeal a take-nothing judgment in favor of Massey-Ferguson, Inc., Massey-Ferguson (Delaware), Inc.,...
[W] Reliant Energy - 9/6/2002
OPINION WITHDRAWN and new opinion filed April 29, 2003.
RELIANT ENERGY, INCORPORATED, APPELLANT v. JANNETE GONZALEZ, AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF GUADALUPE GONZALEZ, JR., DECEASED, APPELLEE
On Appeal from...
Markowitz v. Allstate Insurance Co. - 9/5/2002
OPINION DISMISSING APPEAL FOR LACK OF JURISDICTION
This case is before the Court's on its own notice to show cause why the appeal should continue, it appearing to us that we lack jurisdiction. Finding that Markowitz's notice of...
McAllen Medical Center v. Rivera - 8/30/2002
Appellants, McAllen Medical Center and Lolita G. Renolla, R.N., appeal the trial court's action appointing a guardian ad litem in a settlement case and the award of fees to the guardian ad litem in the final judgment. We reverse the...
Fernandez v. Rivera - 8/30/2002
In this accelerated appeal, appellant, Michael Joseph Fernandez, brings an interlocutory appeal from the trial court's denial of his motion for summary judgment. Fernandez presents two issues on appeal, claiming the trial court erred...
Thomas v. Itochu Project Management - 8/30/2002
Appellant, Timothy Thomas, contends the trial court erred in granting summary judgment for appellees, Itochu Project Management Corporation (IPM) and Itochu Corporation (Itochu), in his personal injury action. Thomas also appeals the...
[W] Majzoub v. Appling - 8/30/2002
OPINION WITHDRAWN, JUDGMENT VACATED, and new opinion filed November 14, 2002.
RAJA EL MAJZOUB, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF HASSAN EL MAJZOUB, DECEASED, AND AS NEXT FRIEND OF ROJDI EL MAJZOUB AND FARAH...
[W] Farmers Insurance Exchange v. Leonard - 8/30/2002
OPINION WITHDRAWN and new opinion filed April 10, 2003.
FARMERS INSURANCE EXCHANGE; TRUCK INSURANCE EXCHANGE; FIRE INSURANCE EXCHANGE; MID-CENTURY INSURANCE COMPANY; MID-CENTURY INSURANCE COMPANY OF TEXAS; FARMERS NEW WORLD LIFE...
[W] U.S. Tire-Tech - 8/29/2002
OPINION WITHDRAWN and new opinion filed May 22, 2003.
U.S. TIRE-TECH, INC. AND CUSTOM BLENDING INTERNATIONAL, INC., APPELLANTS / CROSS-APPELLEES v. BOERAN, B.V., APPELLEE / CROSS-APPELLANT
On Appeal from the 149th...
Torres v. Texas Department of Transportation - 8/29/2002
Appellants, Christina Torres, Juan R. Esquivel, Blanca Capetillo, Anna M. Guerra, and Rosa Marie Esquivel, individually and as the representatives of the Estate of Ricardo Esquivel, filed a wrongful death and survival action against...
David v. Kamman - 8/29/2002
This is an appeal from a judgment assessing professional fees against Appellant, Robinson B. David, in a personal injury suit. For the reasons stated, we affirm.
I. SUMMARY OF THE EVIDENCE
On March 8, 1998, Appellee,...
Bonds v. Mayes - 8/29/2002
OPINION
Lori Bonds a/n/k of Kerielle Bonds, a minor, Princess Briggs, a minor, LaQuentin Thomas, a minor, the estate of Vera Briggs, Linda Kay Briggs Cooper a/n/k of Veronica Briggs, Lisa Briggs, Linda K. Cooper, Lee Edward...
Vigil v. Montero - 8/29/2002
Appellant Jacob P. Vigil, M.D. ("Dr. Vigil") appeals from the trial court's judgment in favor of Appellees Salvador Montero, Individually and as Independent Administrator of the Estate of Sara Montero, Deceased, and on Behalf of All...
Dean's Campin' Co. v. Hardsteen - 8/29/2002
Dean's Campin' (Dean's), appellant, appeals a summary judgment denying Dean's claim to statutory indemnity, under Chapter 82 of the Civil Practice and Remedies Code, from Dean's co-defendant in the court below, appellee Rexhall...
Texas Southern University v. Carter - 8/22/2002
Texas Southern University (TSU) brings this interlocutory appeal from the denial of its plea to the jurisdiction. The issues presented are: (1) whether this Court has jurisdiction to consider TSU's interlocutory appeal; and (2)...
Nabelek v. C.O. Bradford - 8/22/2002
This appeal arises from a dispute over the failure to return property seized, but not used, as evidence in a criminal prosecution. Appellant, Ivo Nabelek ("Nabelek"), sued the City of Houston (the "City"), Houston Police Chief...
Salazar v. Canales - 8/22/2002
Appellants, Leonarda Salazar, individually and as representative of the estate of Selerina Delgado, Margarito Delgado, and Hidalia Castillo appeal from a trial court order dismissing their health care liability claim for failure to...
Love v. C F & H Corporation - 8/22/2002
Motion to Publish GRANTED December 4, 2002.
THELMA LOVE, AS ADMINISTRATOR OF THE ESTATE OF ELEASE PORTER, DECEASED, AND WILLIE PORTER, APPELLANTS, v. C F & H CORPORATION D/B/A SOUTH DALLAS NURSING HOME AND LEONA HAWKINS,...
Miller v. General Motors Corporation - 8/22/2002
Appellant Berry Roberts appeals from a take-nothing judgment in a products-liability lawsuit against General Motors Corporation ("GM"). In seven issues, Roberts claims the trial court erred by (1) granting GM partial summary judgment...
Koepke v. Martinez - 8/22/2002
Following a dog attack, appellant, James A. Koepke, was sued by appellees Andres Martinez (Andres) and his wife Maria Martinez (Maria) under various theories of recovery, including negligence and bystander claims. Finding Koepke...
De La Garza v. Beckett - 8/22/2002
Appellant Josephine De La Garza appeals from a jury verdict awarding her personal injury damages resulting from an automobile accident. In five issues presented, De La Garza alleges errors in the limiting of voir dire, the refusal of...
In re China Oil and Gas Pipeline Bureau - 8/22/2002
In this original proceeding, relator, China Oil and Gas Pipeline Bureau ("China Oil"), seeks a writ of mandamus ordering the trial court to vacate its orders of October 25, 2001, and January 25, 2002, denying China Oil's Amended Plea...
Rosell v. Central West Motor Stages - 8/22/2002
In eight issues, Brian Rosell and Annette Kienetz, individually and as representatives of the estate of Chad Rosell, decedent (the Rosells), challenge a take-nothing judgment against them in their wrongful death and survival action...
Texas A & M University v. Bishop - 8/22/2002
Affirmed
OPINION ON REMAND
This appeal arises from a suit for personal injuries suffered by Paul A. Bishop while portraying "Vlad Dracula" in a play performed by the Texas A & M University at Galveston Drama Club. Texas...
Jarrell v. Brookshire Grocery Company - 8/21/2002
Elizabeth Jarrell appeals from a summary judgment based on limitations entered in favor of Brookshire Grocery Company ("Brookshire") in her personal injury suit. In two issues, Appellant contends the trial court erred in granting...
Kugle v. DiamlerChrysler Corp. - 8/21/2002
Opinion on Appellee's Motion for Rehearing En Banc
Dissenting Opinion by: Catherine Stone, Justice, joined by Alma L. López, Justice
AFFIRMED
We grant DaimlerChrysler Corporation's Motion for Rehearing En Banc,...
Henry v. Truck Office of America - 8/20/2002
Appellants' Motion for Rehearing Overruled October 14, 2002.
CLARA HENRY, TEMPORARY GUARDIAN OF THE PERSON AND ESTATE OF DONNA LOTT SMITH, AN INCAPACITATED PERSON, ET AL., APPELLANTS v. TRUCK OFFICE OF AMERICA, INC. AND...
Rose v. Garland Community Hospital - 8/20/2002
Debi Rose appeals the trial court's order granting Garland Community Hospital's ("the Hospital") motion to dismiss for noncompliance with section 13.01 of article 4590i of the Medical Liability and Insurance Improvement Act ("the...
Whaley v. Transitional Care Venture - 8/20/2002
James J. Whaley appeals the trial court's order dismissing his medical malpractice claims after he failed to timely file an expert report pursuant to section 13.01 of the Medical Liability and Insurance Improvement Act (the Act). See...
Ferrell v. McDonald's Corporation - 8/19/2002
After Beverly Ferrell and her son Tyler ordered a meal at a McDonald's drive-through lane, she alleges, they unhappily received a discharge of fire suppressant material through their open window. Mrs. Ferrell ("Ferrell") sued the...
Russell v. Murphy - 8/15/2002
In this appeal, Johnette Russell contends the trial court erred in dismissing her suit under section 13.01(e) of the Medical Liability and Insurance Improvement Act. Russell argues she did not assert a "health care liability claim"...
Hines v. Zeller - 8/15/2002
Five issues are raised in this appeal by an inmate from an order dismissing his suit as frivolous. Herbert Hines filed a personal injury suit against twenty-four employees and one inmate of the Texas Department of Criminal Justice,...
In re Tenet Healthcare - 8/15/2002
By petition for writ of mandamus, relator, Tenet Healthcare, Ltd. d/b/a Park Plaza Hospital (Tenet), challenges the trial court's January 4, 2002 order denying its motion to compel arbitration between it and real party in interest,...
Shaw v. BMW Healthcare - 8/14/2002
Appellant Jimmie Shaw, Individually and as Representative of the Estate of Aubrey J. Shaw, and on behalf of her children, Bob Shaw, Bill Shaw and Kim Shaw Klein ("the Shaws"), appeals the trial court's order dismissing the Shaws'...
City of Dallas v. Reata Construction Corp. - 8/14/2002
OPINION
In this interlocutory appeal, the City of Dallas contends the trial judge erred in denying its plea to the jurisdiction. The City contends appellee's allegations do not fall within any waiver of governmental immunity....
Tanner v. Karnavas - 8/13/2002
Richard B. Tanner, Jr. appeals a take-nothing judgment rendered on the jury's verdict that Benjamin Karnavas was not negligent in connection with an automobile collision between Tanner and Karnavas. In six points of error, Tanner...
Jackson v. General Motors Corp. - 8/9/2002
Steven W. Jackson and Angela M. Jackson appeal a summary judgment in favor of General Motors Corporation (GM). In three issues, appellants generally contend the trial court erred by granting summary judgment for GM. We agree and...
Texas Workers' Compensation Commission v. Continental Casualty Company - 8/8/2002
Continental Casualty Company filed this declaratory judgment action seeking an interpretation of provisions of the Texas Workers' Compensation Act against the Texas Workers' Compensation Commission (the "Commission") and the...
Ginther v. Domino's Pizza - 8/8/2002
This is a wrongful death suit brought against Domino's Pizza, Inc. ("Domino's") by appellants, Lisa and Noble Ginther, III ("the Ginthers"), whose teenage daughter died in a car accident with the car of an off-duty Domino's delivery...
Stephens v. Dolcefino - 8/8/2002
OPINION WITHDRAWN and new opinion filed June 12, 2003.
WILLIAM STEPHENS AND RAY JORDAN, APPELLANTS v. WAYNE DOLCEFINO; KTRK TELEVISION, INC.; HENRY FLORSHEIM; ABC, INC.; AND STEVE BIVENS, APPELLEES *FN1
On Appeal from the...
Williams v. State Dep't of Criminal Justice - 8/8/2002
In five issues, Howard Williams, an inmate suing in forma pauperis, appeals the dismissal of his tort and retaliation claims. We reform the judgment and affirm.
Background
This lawsuit is appellant's second, identical...
Burkett v. Goodwin - 8/8/2002
Bill Burkett, a retired Lieutenant Colonel in the Texas Army National Guard, brought a personal injury action against appellees, William Goodwin, Jackie Taliaferro, and Archie Meador, all of whom were his superior officers. Burkett...
Fulgham v. FFE Transportation Services - 8/7/2002
In four issues, Larry and Debra Fulgham (the Fulghams) appeal a directed verdict on their negligence and product liability claims against FFE Transportation Services, Inc. (FFE). Because expert testimony is not necessary to establish...
Chickasha Cotton Oil Co. v. Houston General Insurance Company - 8/6/2002
AFFIRM in part, REVERSE and REMAND in part
OPINION ON REHEARING
We grant appellant's motion for rehearing, and we withdraw this Court's opinion of May 2, 2002. The following is now the opinion in this case.
Chickasha...
City of Dallas v. Porter - 8/2/2002
In this interlocutory appeal, the City of Dallas (the City) challenges the trial court's denial of its plea to the jurisdiction, contending in four issues the trial court erred in (1) denying the plea to the jurisdiction because the...
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