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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All-Tex Roofing - 3/7/2002
Appellant, All-Tex Roofing, Inc., sued appellees, Greenwood Insurance Group, Inc. and M. D. Jensvold and Company, Inc., for negligence and violation of the Deceptive Trade Practices Act (DTPA), claiming they placed All-Tex's...
Clement v. Fogel - 3/5/2002
Appellant Lily Clement filed a notice of appeal challenging a take- nothing summary judgment granted against her in a medical malpractice action against appellee Guy R. Fogel, M.D. For the reasons set forth, we affirm the judgment of...
In re Adkins - 3/5/2002
I. Introduction
Relators Lynda Diana Adkins and Maezel Powell filed a petition for writ of mandamus with this court challenging the trial court's order imposing discovery sanctions against them. We deny relators' petition in...
McAdams v. J.Y. - 3/1/2002
Appellant Ima McAdams (Ima), individually and as independent executrix of the estate of J.Y. McAdams, deceased, brings this appeal from a judgment against her in a lawsuit brought by her son J.Y. Jr. McAdams (J.T.) or his wife Annie...
Roberts v. Petco Animal Supplies - 2/28/2002
In this wrongful death suit, appellant John Roberts II appeals a take-nothing summary judgment in favor of appellee Petco Animal Supplies, Inc. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Roberts' minor son was riding in...
Patterson v. J.H. Walker - 2/28/2002
John Patterson appeals a take-nothing judgment in favor of J.H. Walker, Inc. d/b/a J.H. Walker Trucking Co. The trial court entered judgment based on a jury finding that Patterson failed to exercise due diligence in serving Walker...
Jenkins v. State - 2/28/2002
Appellant was charged by indictment with the offense of possession of more than fifty but less than 200 pounds of marihuana in cause no. 10,887, and possession with the intent to deliver 400 grams or more of cocaine in cause no....
[W] Utts v. Short - 2/28/2002
OPINION WITHDRAWN and new opinion filed July 3, 2002.
STEPHEN JAMES UTTS, M.D., PETITIONER v. DENNIE SHORT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CLIFTON SHORT, DECEASED, NORMA L. SHORT, PATRICIA ANN CAIN, AND SAM SHORT,...
Smith v. Swan - 2/28/2002
Appellant, Theresa Smith, Administrator of the Estate of Charles A. Smith, Deceased, appeals from the trial court's order dismissing her suit against appellee, William E. Swan, Jr., M.D. ("Dr. Swan"), for failure to timely file an...
Chavarria v. Valley Transit Co. - 2/27/2002
AFFIRMED
Hermelinda Chavarria, individually and as representative of the estate of Roberto Chavarria, deceased, and as next friend of Hermelinda Chavarria, a minor child, Reynaldo Chavarria, Ricardo Chavarria, Ruben Chavarria,...
Kalil v. General Motors Corp. - 2/26/2002
This is an appeal from a jury verdict rendered in favor of Appellee, General Motors Corporation ("GMC"). Appellant Bill Kalil ("Appellant"), appearing pro se and on behalf of Appellants Karen Kalil Courtney and Kimberly Kalil Hillin,...
In re Premier Parks - 2/26/2002
I. Introduction
Relator Premier Parks, Inc. d/b/a Six Flags Over Texas, Inc. filed a petition for writ of mandamus challenging the probate court's denial of its motion to transfer a wrongful death and survival suit filed in...
Duran v. Henderson - 2/22/2002
Appellees' Motion for Rehearing was OVERRULED March 19, 2002.
CHARLES DURAN, INDIVIDUALLY, AND CHRISTIE JEAN PATTERSON, INDIVIDUALLY AND AS GUARDIAN OF THE PERSON AND ESTATE OF CHARLES DURAN, AND PATRESA DURAN GILBERT, TRUSTEE...
Alder v. Laurel - 2/22/2002
Appellant Edwin Alder appeals the district court's order granting appellees' summary judgment and the court's denial of his motion for new trial. Alder contends the trial court erred by (1) improperly disposing of his claims, as they...
Allen v. A & T Transportation Co. - 2/22/2002
Appellants' Motion for Rehearing was OVERRULED July 16, 2002.
TERRY ALLEN AND WIFE BRENDA ALLEN, INDIVIDUALLY AND AS NEXT FRIENDS OF MATTHEW ALLEN, A MINOR, TIMOTHY ALLEN, A MINOR AND JENNIFER ALLEN, A MINOR, APPELLANTS v. A...
Rains v. Sepulveda - 2/21/2002
OPINION ON REHEARING
Chester and Edwina Rains have moved for rehearing and for en banc consideration on rehearing. The panel denies the rehearing motion addressed to it, but withdraws its opinion of January 24, 2002 and issues...
Hiroms v. Scheffey - 2/21/2002
Appellants brought a medical malpractice claim against physician Eric H. Scheffey and a negligent credentialing claim against Westbury Hospital, Inc. ("Westbury").
Appellants appeal the granting of partial summary judgment in...
Osorno v. Osorno - 2/21/2002
In this divorce action, appellant Gloria Hernandez DeAnda Osorno, former spouse of appellee Henry Osorno, contests (1) the enforcement of the couple's premarital agreement, (2) the denial of her motion for continuance, and (3) the...
Grain v. Whitlock - 2/21/2002
This is a suit under the Texas Tort Claims Act for injuries arising from a collision between a vehicle driven by Dean Whitlock and a patrol car driven by Deputy Dwaine Crain as the deputy responded to an emergency call. A jury...
Tollen v. Benson - 2/21/2002
Diana W. Tollen appeals from a take-nothing judgment entered in favor of Robert Benson following a jury trial on her negligence claim. We affirm.
FACTUAL SUMMARY
Tollen and her husband, Robert, commonly went boating at...
Ihlo v. State - 2/14/2002
Otto Ihlo and LaVera Ihlo appeal from the dismissal of their claims against the State of Texas and the Texas Department of Transportation (collectively, "the State") arising out of a traffic accident. The court granted the State's plea...
Henry v. Dillard Department Stores - 2/14/2002
On Petition for Review from the Court of Appeals for the Fourth District of Texas
In this case, Carol Ann Henry sought payment of workers' compensation medical benefits related to a back injury allegedly sustained while working...
F.F.P. Operating Partners - 2/14/2002
Appellant, F.F.P. Operating Partners (FFP), appeals a judgment rendered in favor of appellees, Xavier and Ashley Duenez. We affirm.
Background
In the late afternoon of July 26, 1997, Roberto Ruiz bought a twelve-pack of...
Smith v. Bristol-Myers Squibb Company - 2/13/2002
This is a consolidated appeal. On appellant's motion, this court consolidated under one appellate cause number three separate appeals in three separate cases filed in the trial court. All cases and appeals relate to Pat Deford...
Couvillion v. Columbia Medical Center of McKinney Subsidiary LP - 2/8/2002
Justice Whittington
Bertha Couvillion, individually and as representative of the Estate of Irving Gordon Couvillion; Eva G. Mann; Lynn D. Couvillion; and Linda D. Bryner appeal the trial court's summary judgment granted in...
Waste Disposal Center - 2/7/2002
Opinion Per Curiam
Appellants, Marcus Anthony Atkinson, Norma M. Atkinson and Frederick Atkinson, as statutory wrongful death beneficiaries and sole heirs of Frederick James Atkinson (Deceased), Javier Gomez, Jr., by next...
Garcia v. Palestine Memorial Hospital - 2/7/2002
Appellant Antonio Garcia, Jr., sued appellee, Palestine Memorial Hospital, seven years after his abdominal surgery at the Hospital, alleging that a surgeon, Dr. Presley, left a surgical needle inside him. The trial court granted the...
Bankruptcy Estate of Harrison v. Bell - 2/7/2002
Opinion by Justice Dorsey
This is a business dispute based on allegations made by William B. Harrison, who contends that two of his former employees conspired together and secretly referred one of his personal injury clients to...
Amquip Corp. v. Cloud - 2/7/2002
This is an accelerated appeal from the trial court's denial of a special appearance filed by the appellant, AmQuip Corporation. AmQuip presents two issues on appeal: (1) the trial court erred in denying AmQuip's special appearance,...
Rocha v. Faltys - 2/7/2002
Appellants Julia Rocha and George Rocha Sr., individually and as representatives for the Estate of George Rocha Jr. (the Rochas), appeal the trial court's order granting summary judgment in favor of appellees Michael Faltys, Pi Kappa...
Thompson v. Pate - 2/6/2002
This is an appeal from a summary judgment granted against appellant Raeline Thompson ("Thompson") on her medical malpractice claims against Doctors Bart and John W. Pate ("the Pates") because the statute of limitations contained in...
Wolf v. Tuttle - 2/5/2002
Justice Whittington
Julie Wolf appeals the trial court's judgment declaring she take nothing in her personal injury lawsuit against Cynthia Renee Tuttle. In one issue, Wolf contends the jury's verdict that she suffered no...
Martinez v. Edwards - 2/5/2002
Appellant Raul Martinez has appealed from a judgment rendered against him in a personal injury cause of action. For the reasons expressed, we dismiss the appeal.
Notice of appeal was filed by appellant on July 31, 2001. Two...
Battarbee v. Transportation Insurance Co. - 2/1/2002
Justice Richter
In this worker's compensation suit, Larry Battarbee appeals the trial court's grant of a no evidence summary judgment in favor of appellee, Transportation Insurance Company ("Transportation"). Appellant raises a...
Ridgway v. Ford Motor Co. - 1/31/2002
Dissenting Opinion by: Karen Angelini, Justice
AFFIRMED IN PART AND REVERSED AND REMANDED IN PART
This appeal of a summary judgment concerns whether the evidence is sufficient to raise a fact issue about a manufacturing...
West v. Moore - 1/31/2002
In this medical malpractice case, filed more than sixteen years after the alleged injury, appellants Barbara West, as next friend of James J. Reid, and James J. Reid, individually, appeal from a take-nothing summary judgment based on...
Tovias v. Wildwood Properties Partnership - 1/31/2002
This is an appeal from an order granting appellee's plea to the jurisdiction. We reverse and remand.
PROCEDURAL BACKGROUND
On August 26, 1997, appellants ("the Toviases") filed a declaration of heirship in the Cameron...
City of Dallas v. Luna - 1/29/2002
Justice Bridges
The City of Dallas ("the City") and Ricardo Campbell appeal the trial court's denial of their motion for summary judgment on the grounds that immunity barred appellees' personal injury claims. In three issues,...
Musgrave v. Owen - 1/29/2002
A. C. Musgrave, Jr. appeals the granting of a summary judgment in favor of Brookhaven Lake Property Owners Association (Association) and some of the lot owners in the Brookhaven Pines Addition (collectively, the movants), dismissing...
Kerr-McGee Corporation v. Helton - 1/28/2002
Ordered published January 30, 2004
In three issues, appellants Kerr-McGee Corporation, Kerr-McGee North American Onshore Corporation, Devon Energy Corporation (Nevada) and Devon Energy Production, L.P. (hereinafter collectively...
Kerr-McGee Corp. v. Helton - 1/28/2002
In three issues, appellants Kerr-McGee Corporation, Kerr-McGee North American Onshore Corporation, Devon Energy Corporation (Nevada) and Devon Energy Production, L.P. (hereinafter collectively referred to as Kerr-McGee) appeal from a...
Williams v. Houston Firemen's Relief and Retirement Fund - 12/27/2001
Opinion and judgment vacated September 12, 2003.
ELMER F. WILLIAMS, II, APPELLANT v. HOUSTON FIREMEN'S RELIEF AND RETIREMENT FUND, *FN1 DONNY R. MEYERS, GEORGE E. LOUDERMILK, MAXIE R. PATTERSON, D. GRADY PERDUE, AND THE CITY OF...
Gilcrease v. Tesoro Petroleum Corp. - 12/26/2001
AFFIRMED
Fred and Dorothy Gilcrease ("the Gilcreases") appeal the trial court's entry of summary judgment in favor of Tesoro Petroleum Corporation in two issues, claiming Alaska's ten-year statute of repose does not apply to bar...
In re Collom & Carney Clinic Association - 12/21/2001
Collom & Carney Clinic Association and Mark E. Sutherland, M.D., Relators, have filed a petition for writ of mandamus to compel the Honorable William Peek, Judge of the 202nd Judicial District Court of Bowie County, to dismiss...
Williams v. Viswanathan - 12/20/2001
In five issues, appellants Linda and John W. Williams, individually and as representatives of the estate of John Wesley Williams, challenge a judgment against them in their suit for medical malpractice against appellee Balluswamy...
Shah v. Moss - 12/20/2001
Motion for Rehearing Denied March 21, 2002.
HARSHAD G. SHAH, M.D., PETITIONER v. RONALD MOSS, RESPONDENT
The opinion of the court was delivered by: James A. Baker, Justice
On Petition for Review from the Court of...
Picou v. Universal Ensco - 12/20/2001
Appellants Patrick G. Picou and his wife appeal from (1) a special appearance granted in favor of a nonresident defendant working in Africa; and (2) a summary judgment granted in favor of the Texas corporations that hired the...
Lee Lewis Construction - 12/20/2001
As amended January 3, 2001.
On Petition for Review from the Court of Appeals for the Seventh District of Texas
Argued on April 5, 2000
Justice Hankinson delivered the opinion of the Court, in which Chief Justice...
[W] Coronado v. Schoenmann Produce Co. - 12/20/2001
Appellants Cenobio Coronado and Ofelia Coronado, individually and as next friends of their children, Armando, Alicia, Jorge, and Anna Christina (the "Coronados"), appeal from the trial court's take-nothing judgment entered in favor...
Durtst v. Hill Country Memorial Hospital - 12/19/2001
Concurring Opinion by: Catherine Stone, Justice
AFFIRMED
This appeal arises from a medical malpractice suit brought by appellants Lola Mae and Clarence Durst against appellee Hill Country Memorial Hospital. We are asked to...
Jones v. SIG Arms - 12/19/2001
AFFIRMED
This is an appeal of a summary judgment rendered in favor of appellee, SIG Arms, Inc. ("SIG Arms"). Bobbie S. Jones, Chance M. Jones, Parrish R. Jones, Robert Reed Shaner, and Hondo L. Jones, Deceased, by and through the...
Chisholm v. Maron - 12/14/2001
Michael and Linda Chisholm appeal an order dismissing their suit against Barry Maron, M.D. The latter had moved for dismissal because the Chisholms allegedly failed to timely serve him with an expert's report as per §13.01(d)(1) of the...
Wooderts v. Talley - 12/13/2001
This is an appeal from a medical malpractice action. For the reasons stated, we affirm.
I. SUMMARY OF THE EVIDENCE
Appellant, Levi Wooderts, Jr., is an inmate at the Lynaugh Unit of the Texas Department of Criminal...
Mogayzel v. Texas Department of Transportation - 12/13/2001
Appellants Kathy Mogayzel, Karen Roop, and Christi Callender appeal from the trial court's decision to grant a motion to dismiss their case for lack of jurisdiction. In their sole point, Appellants argue that the trial court erred in...
Wrenn v. G.A.T.X. Logistics - 12/13/2001
I. Introduction
Appellant Edward Wrenn sought personal injury damages against Appellees, G.A.T.X. Logitistics, Inc., G.A.T.X. Logistics, D.W.C., Inc., and G.A.T.X. Logistics, Norpack, Inc. (collectively "GATX"), for an...
Wickware v. Sullivan - 12/12/2001
AFFIRMED
This is an appeal brought by pro se appellants from an order dismissing their health care liability claim for failure to comply with the security for costs requirements of the Medical Liability and Insurance Improvement...
Zuniga v. Wooster Ladder Co. - 12/12/2001
Dissenting Opinion by: Paul W. Green, Justice
REVERSED AND REMANDED
This is an accelerated appeal of the granting of a temporary injunction. It is also the third lawsuit and second appeal to arise over the circumstances...
In re Estate of Loveless - 12/7/2001
Rosa Loveless appeals the summary judgment granted in favor of Wanda Loveless in an action to determine the heirs of James Donald Loveless, who died intestate in a traffic accident. Rosa filed an application to determine heirship in...
Texas Farm Bureau Mutual Insurance Co. v. Sturrock - 12/6/2001
As amended February 14, 2002.
TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY, APPELLANT v. JEFF A. STURROCK, APPELLEE
On Appeal from the 1st District Court Jasper County, Texas Trial Cause No. 21952
Tynan Buthod and...
Proctor v. Proctor - 12/6/2001
Appellant, Dennis Proctor (Dennis), brings this appeal from the divorce decree that dissolved his marriage to appellee, Janet Proctor (Janet). In two points of error, he complains the trial court committed reversible error by...
In re Jobe Concrete Products - 12/6/2001
Jobe Concrete Products, Inc. (Jobe) seeks a writ of mandamus requiring the Honorable Herbert Cooper, judge of County Court at Law No. 5 of El Paso County, to dismiss the claims of 847 plaintiffs who joined the suit by filing an...
City of Houston v. Daniels - 12/6/2001
The City of Houston (City) appeals the trial court's denial of its motion for summary judgment. On appeal, the City claims its motion for summary judgment should have been granted because (1) appellee Victoria Daniels failed to give...
Lawson v. State - 12/5/2001
I join the majority opinion. I write separately to provide an additional rationale for our decision and to review the historical purpose of the felony murder rule in hopes of assisting the bench and bar in analyzing the application...
Fenner v. State - 12/4/2001
Justice O'Neill
Appellant appeals his conviction for misdemeanor assault. After finding appellant guilty, the trial court assessed punishment at one year' confinement, probated for two years, and a $500 fine. In six points of...
In re Polaris Industries - 11/29/2001
As amended January 2, 2002.
IN RE POLARIS INDUSTRIES, INC.
Attorneys for realtor: Donean Surratt, David J. Fisher, Howard L. Close of Orgain, Bell & Tucker, LLP - Beaumont; Mitchell A. Toups of Weller, Green, Toups...
Scheubel v. Petroleum Casualty Company - 11/29/2001
Frank R. Scheubel appeals a summary judgment granted in favor of Petroleum Casualty Company (PCC). We reverse and remand.
FACTUAL SUMMARY
Frank R. Scheubel suffered a back injury at work on February 18, 1994. He obtained...
Texana Community Mhmr Center v. Silvas - 11/29/2001
Opinion by Justice Hinojosa
This is an interlocutory appeal from the trial court's order denying a plea to the jurisdiction filed by appellant, Texana Community MHMR Center, f/k/a Riceland Regional Mental Health Authority...
In re Family Hospice - 11/29/2001
This is an original proceeding in mandamus. Relators, Family Hospice, Ltd. and St. John's Episcopal Retirement Corporation, petition this Court to mandamus Respondent, The Honorable Tyron Lewis, Judge of the 161st Judicial District...
Walton v. Phillips Petroleum Company - 11/29/2001
Jud Walton, pro se, appeals from a summary judgment granted in favor of Phillips Petroleum Company, (Phillips) and Parker & Parsley Petroleum USA, Inc., Pioneer Natural Resources Company, and Pioneer Natural Resources USA, Inc....
IPCO-G &C; Joint Venture v. A.B. Chance Co. - 11/29/2001
This appeal arises from the trial court's confirmation of a take- nothing arbitration award in favor of appellee, A.B. Chance Company ("Chance"), against appellants, IPCO-G.&C; Joint Venture, IPCO, Inc., and Gregory & Cook,...
Blackburn v. Columbia Medical Center of Arlington Subsidiary - 9/27/2001
I. Introduction
In this medical malpractice case, Appellant Jane T. Blackburn, plaintiff in the trial court, advances three issues and appeals from two summary judgments granted in favor of Appellee Columbia Medical Center of...
Marquez v. Providence Memorial Hospital Tenet Healthcare Corp. - 9/27/2001
Ophelia Marquez appeals from an order dismissing her suit against Providence Memorial Hospital (Providence), Tenet Healthcare Corporation (Tenet), and Jacob Vigil, M.D. (Vigil) for failure to comply with the requirements of...
Transit v. Harris - 9/21/2001
Justice Wright
Dallas Area Rapid Transit (DART) brings this interlocutory appeal of the trial court's order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2001). In a...
Barraza v. State - 9/20/2001
Francisco Barraza appeals his conviction for the offense of indecency with a child by sexual contact. A jury found Appellant guilty of Count I of the indictment and assessed punishment at imprisonment for a term of six years. On...
Bobo v. Berry - 9/13/2001
This appeal stems from the trial court's dismissal with prejudice of a medical malpractice claim brought by appellants, Melanie A. Bobo, et. al. The trial court dismissed appellants' claim with prejudice because of their failure to...
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