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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Lira v. Cerna - 8/1/2002
Estella Lira, individually and as next friend of Hipolito Lira, Jr. and Daniel Lira, filed a medical malpractice suit against Dr. Orville Diaz Cerna. The Liras have appealed an order of dismissal pursuant to Article 4590i, section...
Rubio v. Diversicare General Partner - 8/1/2002
Appellants Maria G. Rubio and Mary Holcomb, next friend of Maria G. Rubio (appellants collectively herein referred to as "Rubio"), appeal from a summary judgment issued against them in the trial court. Summary judgment was granted...
Hidalgo County v. Parker - 8/1/2002
This is an interlocutory appeal arising from the denial of a motion for summary judgment. Through three issues, the appellant, Hidalgo County ( "the County"), argues the trial court erred when it denied its motion for summary...
Johnson v. Fuselier - 7/31/2002
Pauline and Hubert Johnson appeal from a summary judgment rendered against them in their medical malpractice lawsuit against Charles O. Fuselier, D.P.M. In the summary judgment, the trial court took two actions: (1) granting...
Cleary v. Rohrich - 7/31/2002
Appellant Susan Cleary filed suit against Dr. Rod Rohrich for causing a burn to her forehead during a surgical procedure. The trial court dismissed Cleary's suit for failure to provide a satisfactory expert report as required by the...
In re Harvest Communities of Houston - 7/31/2002
Original Mandamus Proceeding
PETITION FOR WRIT OF MANDAMUS CONDITIONALLY GRANTED
Harvest Communities of Houston, Inc. d/b/a Harvest Communities of Hondo ("Harvest") seeks mandamus relief from an order striking its expert...
State v. Airgas-Mid South - 7/30/2002
The State of Texas, by and through the Texas Department of Transportation, appeals the summary judgment granted in favor of AirgasMid South, Inc. The State sued Airgas-Mid South alleging Rickey Smith, acting within the course and...
O'Hara v. North American Mortgage Co. - 6/28/2002
The trial court certified a class action brought by the O'Haras against North American Mortgage Company for engaging in the unauthorized practice of law, and charging for those services. North American appealed, and this court reversed...
University of Texas Health Science Center v. Bruen - 6/28/2002
Concurring opinion by: Phil Hardberger, Chief Justice
REVERSED AND DISMISSED FOR LACK OF JURISDICTION
The University of Texas Health Science Center at San Antonio appeals the trial court's denial of its pleas to the...
Telthorster v. Tennell - 6/27/2002
Argued on December 15, 2001
Justice Phillips, Justice Owen, Justice Hankinson, Justice Jefferson, and Justice Rodriguez joined.
Justice Enoch filed a concurring opinion, in which Justice Hecht and Justice Baker joined. ...
State v. Gonzales - 6/27/2002
Argued on November 14, 2001
Justice Rodriguez not sitting.
This wrongful-death case involves a fatal highway collision that occurred at an intersection where vandals had repeatedly removed stop signs. The issue is whether...
Lovato v. Austin Nursing Center - 6/27/2002
Appellant has filed a letter indicating that she wishes to dismiss the appeal and pursue an appeal of the judgment entered in another trial court cause number. In accordance with appellant's wishes, we dismiss the appeal. Tex. R. App....
In re Chambers - 6/27/2002
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
Relator, Allissa Chambers, seeks mandamus relief from a March 22, 2002 Order on Motion to Quash allowing discovery of her mental health records contained in documents subpoenaed from the...
Columbia Hospital Corporation of Houston v. Moore - 6/27/2002
Argued on February 20, 2002
Hecht, Justice Owen, Justice Jefferson, and Justice Rodriguez joined, and in which Justice O'Neill joined Part III only.
Chief Justice Phillips filed a dissenting opinion, in which Justice Baker...
R & R Contractors v. Torres - 6/27/2002
Appellants, R&R;Contractors and R & R Oilfield Services, Inc. (hereinafter appellant or "R & R") employed Gregorio Torres, Jr., a truck driver, who, during working hours near quitting time, died after a thousand-pound...
Powers v. Memorial Hermann Hospital System - 6/27/2002
Appellant, Dale Michelle Powers, challenges the trial court's dismissal of her medical-malpractice suit against appellees, Memorial Hermann Hospital System (Hermann Hospital) and Phillip Adams, M.D. Powers, in two points of error,...
Fitzpatrick v. Copeland - 6/27/2002
I. INTRODUCTION
The issue on appeal is whether a plaintiff may recover negligently inflicted mental anguish damages resulting from a motor vehicle accident in which she was involved but not physically injured. Plaintiff...
Old American County Mutual Fire Insurance Company v. Zeferino Sanchez - 6/27/2002
As amended October 3, 2002.
OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY/ZEFERINO SANCHEZ, APPELLANTS v. ZEFERINO SANCHEZ/OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY, APPELLEES
FROM THE DISTRICT COURT OF TRAVIS...
Landrum v. Chewning - 6/26/2002
In this premises liability case, Twana Lois Landrum, Ronald Wayne Landrum, Teddy Landrum, Randy Mike Landrum, and Eddie Lee Landrum (collectively, the Landrums) sued Mark Chewning (Chewning), individually and as owner of Thunderbird...
Manning v. North - 6/26/2002
This appeal is engendered by the trial court's dismissal of the suit appellants Joyce and Dan Manning filed against appellee Ronald J. North, M.D. In asserting their challenge, appellants present three issues for our decision. Those...
McCumber v. San Antonio Theme Park - 6/26/2002
AFFIRMED
While working on an amusement ride, Carlos McCumber was injured from an electrical shock. McCumber filed a negligence suit, alleging that San Antonio Theme Park, L.P. d/b/a Six Flags Fiesta Texas ("Fiesta Texas") was...
Barajas v. State - 6/26/2002
Price, J., delivered the opinion of the Court, in which Keller, P.J., and Womack, Keasler, Hervey, and Cochran, J.J., join. Womack, J., filed a concurring opinion, in which Keller, P.J., and Cochran, J., joined. Johnson, J., concurs....
Great American Lloyd's Insurance Co. v. Riseman Development Co. - 6/24/2002
OPINION WITHDRAWN and new opinion filed August 27, 2002.
GREAT AMERICAN LLOYD'S INSURANCE COMPANY, APPELLANT v. RISEMAN DEVELOPMENT COMPANY AND WILLIAM S. RISEMAN, APPELLEES
On Appeal from the 134th Judicial District...
Flores v. Rogers - 6/21/2002
Dominga Flores appeals the trial court's dismissal of her case for want of prosecution. Appellant raises four issues for our review, all of which center on the propriety of that dismissal and the subsequent refusal to reinstate her...
Parsons v. Ford Motor Co. - 6/21/2002
This is an appeal from the granting of a no-evidence summary judgment in a product liability case. The case arises out of a fire that originated in Harold and Peggy Parsons's (the "Parsons") 1989 Lincoln Town Car when it was parked in...
Richardson v. Monts - 6/21/2002
Attorney for appellant: Robert C. May, Round Rock, TX.
Attorneys for Jane Monts, MD: Jim Ewbank, Maria Teresa Cantu, Austin, TX.
Attorney for Roosevelt Taylor, Jr., MD: Hunter Thomas Hillin, Dallas, TX.
Before Chief...
Compaq Computer Corp. v. Lapray - 6/20/2002
As amended September 12, 2002.
COMPAQ COMPUTER CORPORATION, APPELLANT v. HAL LAPRAY, TRACY D. WILSON, JR., ALISHA SEALE OWENS, APPELLEES
On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No....
Womco - 6/20/2002
OPINION ON APPELLEES' MOTION TO CLARIFY
On May 22, 2002, we delivered our opinion in this case in which we affirmed the trial court's order granting summary judgment as to some of Appellants' claims and reversing and remanding...
Thompson v. Coleman - 6/20/2002
Appellant, Lawrence Edward Thompson, an inmate in the Texas Department of Criminal Justice - Institutional Division ("TDCJ"), sued appellees, the Walker County District Clerk, Bernice Coleman, and a deputy district clerk, Becky...
In re B.B. - 6/20/2002
In this juvenile offender case, appellants, B.B.'s parents, contend the juvenile court erred in ordering them to pay $12,900 in restitution damages to the victim. Because the evidence provides a factual basis for the restitution...
Porter v. Robertson - 6/20/2002
This appeal is from a default judgment. The return of citation by the authorized person was not verified. We will reverse and remand.
Background
This is a personal injury automobile accident case. Appellees, Ernest and...
Brown v. Texas Board of Criminal Justice - 6/20/2002
Appellant, Homer Lee Brown, a prisoner proceeding pro se and in forma pauperis, filed suit against the Texas Board of Criminal Justice, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice. Appellant...
Dallas County v. Ohme - 6/18/2002
Dallas County appeals the trial court's judgment in favor of Curtis Ohme in this suit for damages for personal injuries arising from a jailhouse altercation. For the reasons that follow, we reverse the judgment and remand this cause...
Thompson v. Texas Department of Criminal Justice-Institutional Division - 6/13/2002
This is an appeal from the dismissal of an inmate's suit under the Texas Tort Claims Act. For the reasons stated, we affirm the judgment.
I. SUMMARY OF THE EVIDENCE
Appellant, Danny W. Thompson, is an inmate at the...
Garcia v. Texas Department of Criminal Justice - 6/13/2002
Appellant, an inmate of the Texas Department of Criminal Justice-Institutional Division (TDCJ), appeals from an order dismissing his pro se, in forma pauperis suit under chapter 14 of the Civil Practice and Remedies Code. We affirm. ...
County of Hidalgo v. Brown - 6/13/2002
Appellant, the County of Hidalgo, appeals from a jury verdict in favor of the appellees, Adam and Emma Brown. Adam Brown was injured in an automobile accident while trespassing on private property, when his jeep fell off the side of...
In re Whiteley - 6/13/2002
In this original proceeding, relator, LaSethia G. Whiteley, seeks mandamus relief from an order issued by respondent, the Honorable Robert C. Cheshire, of the 377th District Court of Victoria County, denying Whiteley's motion to...
Bowie Memorial Hospital v. Wright - 6/13/2002
This case involves the Medical Liability and Insurance Improvement Act's ("the Act") expert-report requirements. See Tex. Rev. Civ. Stat. art. 4590i, ยง 13.01. The trial court dismissed the plaintiffs' medical malpractice claims after...
Macurak v. Doyle - 6/7/2002
Randal Macurak brought claims, on his own behalf, against a psychologist and psychiatrist who had treated his son. The trial court granted summary judgment for both defendants, concluding that they owed no duty of care to Macurak as...
Dalehite v. Nauta - 6/6/2002
Appellants Henry Dalehite (individually and as independent executor of the Virginia Dalehite Estate), Ellen Dalehite Wedell, Anne Dalehite Slitter, Charles R. Dalehite, and Henry Dalehite, III ("the Dalehites"), appeal from a summary...
American Cyanamid Co. v. Geye - 6/6/2002
Argued on November 7, 2001
The question is whether the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") and its implementing regulations preempt state common-law damage claims for crop damage - specifically, damage...
Douglas v. Petrus - 6/6/2002
Appellee Edward J. Petrus filed an action on a sworn account against appellants Hobert T. Douglas, II, Attorney at Law, P.C., and Hobert T. Douglas individually (collectively "Douglas"). After a bench trial, the trial court ruled in...
[W] Texas State Bank v. Amaro - 6/6/2002
OPINION WITHDRAWN; new opinion issued September 26, 2002.
TEXAS STATE BANK, PETITIONER v. RUTILO VARGAS AMARO, RESPONDENT
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
The...
Ruiz v. Walgreen Co. - 6/6/2002
Appellants, Manuela Ruiz and her husband, Robert Ruiz, appeal the dismissal of their claims against Walgreen Co. ("Walgreen") for injuries Manuela allegedly sustained by ingesting medication from a misfilled prescription. The trial...
Corbin v. State - 6/5/2002
In this case, we determine whether the Court of Appeals misapplied the community caretaking exception to warrantless seizures where the police officer saw the appellant's car cross onto the shoulder of the road for twenty feet while...
Macurak v. Lutes - 6/5/2002
Randall B. Macurak, M.D., individually and as next friend of R.J.M., appeals the trial court's summary judgment in favor of Candida Lutes, Ph.D. In seven issues, Macurak argues Lutes was not entitled to summary judgment on the...
Davis v. Dunbar - 6/4/2002
Phyllis Davis, individually and as representative of the estate of Derrian Jehere Empy, appeals the trial court's take-nothing judgment. In two issues, Davis argues the trial court erred in admitting evidence of the investigating...
In re Zavaleta - 5/31/2002
Writ of Mandamus Denied.
MEMORANDUM OPINION AND ORDER
Relators contend the trial judge erred in denying their motion to compel depositions of Gayle Luster and Dr. James Thomason. We conclude the trial court clearly abused...
In re Rodriguez - 5/31/2002
Original Mandamus Proceeding
Paul W. Green, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On May 22, 2002, David Rodriguez filed a petition for writ of mandamus on behalf of the minor plaintiff, Emerald Rodriguez,...
General Motors Corp. v. Iracheta - 5/31/2002
AFFIRMED
Rita L. Iracheta ("Iracheta") brought suit against General Motors Corporations ("GM"), alleging that a design defect in the Toronado her two grandsons were riding in proximately caused their deaths. A jury found a defect...
Coastal Tankships - 5/31/2002
Justice Jennings writes for the majority of the en banc Court, joined by Chief Justice Schneider and Justices Hedges, Taft, Nuchia, and Radack. Justice Brister concurs in the judgment of the en banc Court. Justice Cohen joins...
Trail v. Friedrich - 5/30/2002
This is an appeal of two summary judgments ordering that appellants, Daniel Trail and Tracy Trail, take nothing from defendants Ewald Friedrich and the City of Weimar. We affirm.
BACKGROUND
Daniel Trail, a resident of...
James v. Kloos - 3/28/2002
Billy James appeals a take-nothing jury verdict in the personal injury suit he prosecuted against Susan Kloos. In two issues on appeal, James contends that the trial court: (1) abused its discretion by permitting James's treating...
Goose Creek Consolidated Independent School District of Chabers v. Jarrar's Plumbing - 3/28/2002
Appellant/Cross-Appellee's Motion for Rehearing was OVERRULED May 14, 2002.
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT OF CHAMBERS AND HARRIS COUNTIES, TEXAS, APPELLANT v. JARRAR'S PLUMBING, INC., APPELLEE
On...
Moore v. State - 3/28/2002
Motion for Rehearing Overruled May 2, 2002.
JAMES GIBSON MOORE, III, APPELLANT v. THE STATE OF TEXAS, APPELLEE
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NOS. 00-187-K26 & 00-188-K26,...
Rehabilitative Care Systems of America v. Davis - 3/28/2002
On Petition for Review from the Court of Appeals for the Sixth District of Texas
In this case, a physical-therapy patient alleged that his therapists' negligent supervision during a rehabilitative-exercise program caused him...
Southwestern Electric Power Co. v. Grant - 3/28/2002
On Petition for Review from the Court of Appeals for the Sixth District of Texas
Argued on March 7, 2001
Justice Baker delivered the opinion of the Court in which Chief Justice Phillips, Justice Hecht, Justice Owen, Justice...
Samples v. Graham - 3/28/2002
This is a case of statutory construction. The issue is the method of calculation of prejudgment interest under the Medical Liability and Insurance Improvement Act (MLIIA). Tex. Rev. Civ. Stat. Ann., art. 4590i (Vernon Supp. 2002)....
[W] Texas State Bank v. Amaro - 3/28/2002
OPINION WITHDRAWN and new opinion filed June 6, 2002.
TEXAS STATE BANK, PETITIONER v. RUTILO VARGAS AMARO, RESPONDENT
The opinion of the court was delivered by: Justice Rodriguez
On Petition for Review from the...
Parker v. State Farm Mutual Automobile Insurance Co. - 3/27/2002
REVERSED AND REMANDED IN PART; AFFIRMED IN PART
Russell Parker appeals the summary judgment in favor of State Farm Mutual Automobile Insurance Company on Parker's breach of an insurance contract and bad faith claims arising out...
Renegade Casing Crews - 3/25/2002
Mitchell Energy Corporation and Jones Drilling Corporation (collectively appellees) sued Renegade Casing Crews, Inc. and Bituminous Casualty Company, alleging breach of contract and seeking declaratory relief. The trial court granted...
Avary v. Bank of America - 3/22/2002
Rhonda Avary, guardian of the estates of Brett Joseph Bourgeois and Timothy James Bourgeois, minor children (Avary), sued Bank of America, N.A. (Bank) for breach of fiduciary duty, negligence, fraud, and conspiracy. The alleged...
Johnson v. Brewer & Pritchard - 3/21/2002
On Petitions for Review from the Court of Appeals for the First District of Texas
Argued on October 4, 2000
Justice Owen delivered the opinion of the Court in which Chief Justice Phillips, Justice Hecht, Justice Enoch,...
Rogers v. Rogers - 3/21/2002
Appellant Elizabeth Ann Rogers appeals a turnover order entered in favor of her ex-husband, Ronald Lee Rogers. Ann challenges the following rulings of the trial court: (1) the appointment of a receiver without explicitly requiring...
Moreno v. City of El Paso - 3/21/2002
Alicia Moreno appeals from a summary judgment granted in favor of the City of El Paso on the ground of limitations. The sole issue on appeal is whether the El Paso Municipal Code's requirement that a person give notice of an injury...
Neal v. Dow Agrosciences LLC - 3/20/2002
Stephen Tim Neal, Sr. and Laura Neal, as the surviving parents of Stephen Tim Neal, Jr., appeal the summary judgment granted in favor of Dow Agrosciences LLC f/k/a Dow Elanco, The Dow Chemical Company, and B & G Chemicals and...
State Farm Lloyds v. Durbin - 3/15/2002
This case is a coverage lawsuit, a declaratory judgment action, brought by appellants, that is related to a personal injury suit filed against appellants' insured. In the personal injury suit, the plaintiffs sued the insured, Louis...
Swangstu v. Misenhimer - 3/14/2002
Judy Swangstu, Individually and as Administratix of the Estate of Berdella Kurtz, Deceased (Swangstu), appeals a summary judgment granted in favor of Dr. Gregory R. Misenhimer in a medical malpractice suit arising from the doctor's...
National Union Fire Insurance Company of Pittsburgh - 3/14/2002
Opinion vacated and withdrawn and new opinion filed October 9, 2003.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, APPELLANT v. UNITED L.P. GAS CORP., TEXAS EASTERN PRODUCTS PIPELINE CORP., AND MEYERS-REYNOLDS &...
Hanus v. Texas Utilities Co. - 3/14/2002
Introduction
Brigid Hanus ("Hanus"), individually and on behalf of the estate of her late husband David Lee Hanus ("Decedent"), appeals the trial court's grant of summary judgment in favor of Texas Utilities Company ("TU") on...
Lehmann v. Har-Con Corp. - 3/14/2002
Appellants Douglas Lehmann and Virginia Lehmann appeal from the trial court's grant of appellee Har-Con Corporation's motion for summary judgment and denial of the Lehmann's motion for summary judgment on the effect of a release and...
Squier v. Shepherd Emergency Medical Services - 3/14/2002
Judy Squier, individually and as representative of the estate of Marc Squire, deceased, filed a wrongful death suit against Shepherd Emergency Medical Services, Inc. Shepherd moved for summary judgment claiming sovereign immunity....
City of Dallas v. Allen - 3/7/2002
James T. Allen sued the City of Dallas (the City) for injuries he suffered as a result of a collision between a delivery van that Allen was driving and a dump truck driven by an employee of the City. A jury found the City's...
Academy Corp. v. Hansen - 3/7/2002
Appellee, Douglas B. Hansen, sued appellant, Academy Corporation (Academy), for trespass. A jury found that Academy had committed trespass with malice and awarded Hansen $244,710, which consisted of $72,904 in actual damages, $59,222...
Perez v. Lopez - 3/7/2002
This is a double appeal from a wrongful death and survival action arising from the death of Appellant's minor son, Alberto Perez, Jr. At trial, Appellant alleged that Appellees, owners of ABC Lock and Key Company, were negligent in...
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