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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GTE Mobilnet of South Texas Limited Partnership v. Pascouet - 9/13/2001
The Pascouets brought nuisance and invasion-of-privacy claims after GTE Mobilnet of South Texas Limited Partnership erected a 126-foot cellular phone tower 20 feet from their Bunker Hill back yard. We examine whether the Federal...
IBP - 9/11/2001
Appellant IBP, Inc., appeals from an adverse summary judgment in its suit based upon actions of appellee Steven M. Klumpe in obtaining and furnishing documents containing alleged trade secrets to Klumpe's attorney, appellee Jeff...
Walton v. Prudential Property and Casualty - 9/6/2001
MEMORANDUM OPINION
Omakay Walton originally sued Ganesha Mitchem for personal injuries after Mitchem allegedly "rear ended" Walton in an automobile wreck. Walton also sued Prudential Property and Casualty (Prudential) seeking...
Lions Eye Bank of Texas v. Perry - 9/6/2001
Appellant, Lions Eye Bank of Texas (the "Eye Bank"), appeals from the judgment entered in favor of appellees, Levi V. Perry, Sr., Eula Perry, Christopher Perry, and Patricia Perry (the "Perrys"), on their claim that the Eye Bank was...
Medina v. Pruiskma - 8/31/2001
Opinion by Justice Castillo
Appellants Efrain Medina and Aeropajita Villarreal Medina ("Medinas"), individually and as representatives for their minor child(ren), appeal from a summary judgment issued against them and in favor...
Martinez v. City of Brownsville - 8/31/2001
Opinion by Chief Justice Valdez
Raquel Reyes Martinez brought suit against the City of Brownsville after her son, Roberto Martinez Reyes, committed suicide by hanging himself with his clothing from his cell bars while in...
Carrillo v. Hirsch - 8/31/2001
Opinion by Justice Castillo
This is an appeal from a summary judgment granted in a medical malpractice suit. We reverse and remand to the trial court for a trial on the merits.
Factual Summary
On February 29, 1996,...
Quevedo v. Le - 8/31/2001
Manolo Quevedo and Mildred Quevedo, appellants, challenge the trial court's dismissal of their personal injury suit for want of prosecution. We reverse and remand for a hearing on the motion to reinstate.
Facts
After...
Martel v. Martel - 8/31/2001
AFFIRMED; Opinion on Rehearing issued August 31, 2001
OPINION ON REHEARING
We grant the motion for rehearing filed by Joseph M. Martel. On April 25, 2001, we issued our original opinion in this appeal. We withdraw our...
Castaneda v. State - 8/31/2001
Opinion by Justice Dorsey
This group of cases involves, essentially, one issue. That is, "Is a bail bondsman liable on the bond when the principal is deported prior to the time the principal is set to appear in court?" We hold...
Garza v. Blanton - 8/31/2001
Dissenting Opinion by Justice Castillo
Appellant, Desiree Garza, appeals the trial court's judgment denying her request for retroactive child support from appellee, Carl Blanton. We affirm.
Appellee engaged in an...
Gomez v. Diaz - 8/31/2001
Opinion by Justice Dorsey
Maria L. Gomez brings this appeal complaining that the trial court improperly granted summary judgment against her on all causes of action against appellees Pedro S. Diaz, M.D. and Pedro S. Diaz, M.D.,...
Reed v. State - 8/31/2001
A jury convicted Appellant Barbara Joan Reed of murder, and the trial court assessed her punishment at thirty years' confinement. In a single point on appeal, Appellant challenges the trial court's refusal to admit medical records...
Griggs v. Wood - 8/30/2001
In this legal malpractice action, Gerry M. Griggs appeals a summary judgment granted in favor of Robert M. Wood on the grounds that: (1) the summary judgment did not dispose of Griggs's breach of fiduciary duty, deceptive trade...
McAllen Medical Center - 8/30/2001
As amended January 18, 2002.
MCALLEN MEDICAL CENTER, INC., PETITIONER v. RAMIRO CORTEZ, JR., ET AL., RESPONDENTS
The opinion of the court was delivered by: Justice O'Neill
On Petition for Review from the Court of...
Austin Independent School Dist. v. Gutierrez - 8/30/2001
Affirmed
Publish
Immediately after disembarking from a school bus, eight-year-old Adriana Gutierrez was struck and killed by a passing motorist. Appellee Maria Teresa Gutierrez, Adriana's mother, filed suit against several...
Spindletop MHMR v. Doe - 8/30/2001
Appellant, Spindletop MHMR, filed an interlocutory appeal pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2001), after the trial court issued an order denying appellant's plea to the jurisdiction on the...
Priesing v. Thompson - 8/28/2001
Justice Lagarde
This case involves a no-answer default judgment entered in a personal injury lawsuit between appellant Ted Priesing, individually and d/b/a Ted's Automotive, Inc. (Priesing) and appellee Jan Thompson (Thompson)....
American Technical Resources - 8/28/2001
Justice Richter
In this tortious interference case, American Technical Resources ("ATR") appeals the trial court's judgment in favor of Network Staffing Services, Inc. ("NSSI"). NSSI cross appeals. In five issues, ATR complains...
Simms v. Wise - 8/23/2001
Roderick Simms appeals from a summary judgment granted in favor of Steve Wise on the affirmative defense of limitations. We affirm.
FACTUAL AND PROCEDURAL SUMMARY
On July 27, 1996, Simms and Wise were involved in an...
Sanchez v. Rodriguez - 8/23/2001
Opinion by Justice Rodriguez
The trial court granted motions for summary judgment, sanctions and protective orders in favor of appellees, Raul Rodriguez (Rudy) and Francisco J. Rodriguez (Frank). Appellants, Samuel and Sheila...
Oasis Oil Corporation v. Koch Refining Company - 8/23/2001
Appellants, Oasis Oil Corporation and Oasis Transportation and Marketing Corporation ("Oasis"), sold a product manufactured by appellee Chemical Process & Production, Inc. ("CP&P;), to Koch Refining Company ("Koch"). The...
[W] Chesapeake Operating - 8/23/2001
This appeal addresses a contractual choice of law provision in a conflicts of law setting. Chesapeake Operating, Inc. appeals the trial court's summary judgment applying Texas law to an indemnity provision in favor of Nabors Drilling...
Jackson v. Houston Lighting & Power Co. - 8/23/2001
This is an appeal from a summary judgment rendered in favor of appellee, Houston Lighting and Power Company (HL&P;, disposing of a personal injury lawsuit over a trip and fall accident. In three points of error, the appellant,...
County of Hidalgo v. Capetillo - 8/23/2001
Opinion by Justice Rodriguez
This is an interlocutory, accelerated appeal from a trial court's denial of a plea to the jurisdiction based on sovereign immunity. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon...
American Risk Funding Insurance Co. v. Lambert - 8/23/2001
Opinion by Justice Amidei
This is an appeal from a summary judgment granted in favor of Larry Lambert, Rogers Patino and Andres Garcia, hereafter referred to as "appellees" and/or "Lambert" against American Risk Funding...
In re J.G.W. - 8/23/2001
Pamela Walker Carter and Lanny Walker were divorced in July 1997. They had two minor children, J.G.W. and S.E.W., now ages eleven and nine, respectively. In connection with custody proceedings following the divorce, Lanny sought...
Express One International - 8/22/2001
Justice Morris
In this suit, Express One International, Inc. seeks to recover damages allegedly caused by an e-mail message sent by John T. Steinbeck, a former employee of Express One. Using the screen name "ExpresONE,"...
Munoz v. City of Pearsall - 8/22/2001
AFFIRMED
Enrique and Juanita Munoz appeal from the rendition of summary judgment for the City of Pearsall on their personal injury suit. We affirm.
Background
Early in the afternoon of November 17, 1995, a Pearsall...
Acuna v. Far West Rodeo - 8/22/2001
AFFIRMED
This is an appeal of a summary judgment rendered on limitations for appellee Far West Rodeo. Appellant Michelle Marie Acuna contends the trial court abused its discretion by (1) not granting her leave to amend her...
Martinez v. City of Laredo - 8/22/2001
OPINION ON APPELLEE'S MOTION FOR REHEARING
APPELLEE'S MOTION FOR REHEARING DENIED; REVERSED AND REMANDED
Appellee has filed a motion for rehearing. We deny the motion, but withdraw our opinion and judgment of June 13, 2001...
Onstad v. Wright - 8/21/2001
Appellant's Motion for Rehearing was OVERRULED September 18, 2001.
ROCKNE ONSTAD, APPELLANT v. JAMES O. WRIGHT, III, M.D., ET AL., APPELLEES
On Appeal from the 5th Judicial District Court Bowie County, Texas Trial Court...
Covert Chevrolet-Oldsmobile - 8/21/2001
Justice Morris
In this appeal following cross-motions for summary judgment, Covert Chevrolet-Oldsmobile, Inc. d/b/a Chevrolet-Oldsmobile-Buick-Pontiac-Geo, Inc. challenges the trial court's granting of summary judgment in favor...
Continental Electronics Corp. v. Eurotech Marketing LTD. - 8/20/2001
Justice Moseley
In this dispute over commissions, Continental Electronics Corporation appeals the trial court's judgment awarding damages and attorney's fees to Eurotech Marketing (Overseas) Ltd. pursuant to jury findings. In a...
In re Munoz - 8/17/2001
Relator, Sylvia Munoz, asks this Court to issue a writ of mandamus against Respondent, the Honorable Javier Alvarez, Judge of the County Court at Law Number Three of El Paso County. Relator complains that Respondent abused his...
Norman v. Good Shepherd Medical Center - 8/17/2001
Chief Justice Thomas
In this medical malpractice case, Gregory S. Norman and Jeri Norman, as next friends of Elizabeth Norman, their minor daughter, appeal a take-nothing judgment on the jury's verdict in favor of Good Shepherd...
State Farm Lloyds v. C.M.W. - 8/17/2001
Justice Lagarde
State Farm Lloyds (State Farm) appeals the summary judgment declaring it was obligated to indemnify its insured for an underlying judgment that found the insured liable for damages for his actions leading up to...
Dickinson v. Usrey - 8/16/2001
Introduction
The issue in this interlocutory appeal is the propriety of certifying a class action of Texas health care workers who sustained a needlestick from an exposed, hollow-bore sharp needle already used on a patient and...
Schindler Elevator Corp. v. Anderson - 8/16/2001
In this appeal, Schindler Elevator Corporation challenges a judgment in favor of Scott and Diana Anderson and their son, "Scooter," for injuries they received when Scooter's foot lodged in an escalator, which tore off his foot's skin...
Wal-Mart Stores - 8/16/2001
Appellants, Wal-Mart Stores, Inc. and Clyde Canter (Canter), collectively "Wal- Mart," appeal a judgment in a personal injury suit in favor of appellees, Candace Hoke (Candace) and Jimmie Hoke (Jimmie) The jury awarded Candace...
Chilcott v. Tubbs - 8/16/2001
Linda Phillips Chilcott, Individually, and Barbara Phillips Ruckman, Individually and on behalf of the Estate of Clara K. Phillips, collectively "Appellants," appeal from an order dismissing their suit against Dr. William M. Tubbs...
Cooper v. Balderas - 8/16/2001
Adonna Cooper appeals from a summary judgment granted in favor of Callie Balderas based upon the affirmative defense of limitations, specifically lack of due diligence in obtaining service of citation. We reverse and remand. ...
Broussard v. Green - 8/16/2001
Jeffery Broussard, in an inmate civil action, appeals the dismissal of his suit for money damages against the Texas Department of Criminal Justice and John O'Neill Green, in his capacity as a staff attorney for the State Counsel for...
C & L Flooring Installations v. Cochell - 8/15/2001
Justice Rosenberg
In this slip and fall case, Susan Cochell sued C & L Flooring Installations (C&L;. The jury returned a verdict for Cochell, and in eight issues C&L;appeals claiming that (1) evidence was improperly...
Mason v. IHS Cedars Treatment Center of Desoto Texas - 8/15/2001
Justice Farris
This is an appeal from a summary judgment granted in favor of IHS Cedars Treatment Center of Desoto, Texas, Inc., The Cedars Mental Health Center Innovative Healthcare Systems, Inc. (collectively, Cedars...
Buls v. Fuselier - 8/14/2001
Jennifer Buls appeals from a take-nothing judgment in her suit against Charles Fuselier, D.P.M., for negligent rendition of health care services during two podiatric surgeries. On appeal Buls contends the trial court erred by:...
Dobrinski v. State - 8/9/2001
Appellant, Mark Dobrinski, was charged with the offense of failure to stop and render aid. TEX. TRANS. CODE ANN. § 550.021 (Vernon 1999). A jury later found appellant guilty and sentenced him to five years confinement in the...
Clemons v. Citizens Medical Center - 8/9/2001
Opinion by Justice Yanez
Appellants Paula Clemons, individually and as next friend of Charles Ryan Faupel, a minor; Chad Aaron Clemons; David Eric Clemons and Robyn Renee Clemons Faupel, individually and as next friend of...
First Valley Bank of Los Fresnos v. Martin - 8/9/2001
First Valley Bank of Los Fresnos, Northwest Bank of Texas, N.A., and Wells Fargo Bank (Texas), N.A., appellants, appeal from a money judgment in the amount of $18,089,095.00, in favor of Sam Martin based on a jury's findings of...
Basic Capital Management - 8/9/2001
Justice FitzGerald
In this employment discrimination and retaliation case, Basic Capital Management, Inc., National Payroll Management, Inc. a/k/a National Payroll Management Company, Carmel Realty, Inc., d/b/a Carmel Property...
Flores v. Rivas - 8/2/2001
Joe Ruben Flores and Ruth Viagas Flores, Individually and on Behalf of the Estate of Robert Charles Flores, Deceased (the Floreses), appeal from a summary judgment entered in favor of Raul Puente Rivas (Rivas) and Halliburton Energy...
Wolfe v. Grant Prideco - 8/2/2001
In May 1995, appellant, Dwight Wolfe, sued appellee, Grant Prideco, Inc. (Grant), in Jefferson County, Texas for negligence. The case was transferred to Harris County in August 1995. On October 7, 1998, the trial judge mailed to...
Marathon Corp. v. Pitzner - 8/2/2001
John C. Pitzner ("Pitzner"), a Dallas County resident, was working for Professional Employers Group, Inc. ("PEG"), a Texas corporation that supplied temporary employees, when he was sent out on an air conditioner repair job on...
In re Posadas USA - 7/31/2001
Original Mandamus Proceeding
PETITION FOR WRIT OF MANDAMUS CONDITIONALLY GRANTED
Relators, Posadas USA, Inc., Bia Acquisitions, Ltd., and Jonathan Hege, seek a writ of mandamus ordering respondent, Judge Manuel R. Flores,...
Bakker v. Reynolds - 7/30/2001
Justice Rosenberg
This is a medical malpractice case in which Jens Bakker alleged that unreasonable delays in diagnosis and surgery caused him damages. In four points of error, Bakker appeals the summary judgment granted in...
Lawrence v. CDB Services - 3/29/2001
On Petitions for Review from the Court of Appeals for the Seventh District of Texas
Argued on October 2, 2000
Justice O'Neill delivered the opinion of the Court, joined by Justice Hecht, Justice Enoch, Justice Owen, Justice...
Cruz v. Paso Del Norte Health - 3/29/2001
This is the tragic story surrounding the birth of Sergio Cruz, Jr. (Sergio). Diana Cruz, individually and as next friend (Cruz), filed a medical malpractice suit against Paso Del Norte Health Foundation f/k/a and d/b/a Providence...
Meritor Automotive - 3/29/2001
On Petitions for Review from the Court of Appeals for the Third District of Texas
Argued on October 3, 2000
Justice Hankinson did not participate.
The Texas Products Liability Act provides, among other things, that...
Sisters of St. Joseph of Texas - 3/29/2001
Appellees' Motion for Rehearing denied April 26, 2001. Petition for review denied August 16, 2001.
SISTERS OF ST. JOSEPH OF TEXAS, INC. D/B/A ST. MARY OF THE PLAINS HOSPITAL AND REHABILITATION, APPELLANT v. GENELL P. CHEEK,...
Womack Wholesale Supply - 3/29/2001
Appellee, Joe Gordwin, sued appellant, Womack Wholesale Supply, Inc., and Robertson Electronics, Inc. for personal injuries sustained when a wheel of Gordwin's tractor-trailer rig fell into a manhole on the concrete driveway of...
Rehabilitative Care System of America v. Davis - 3/28/2001
Rehabilitative Care Systems of America (RCSA) appeals the trial court's judgment awarding Robert Jerry Davis and Kathy Davis $121,949.92, plus post-judgment interest and court costs, in a medical malpractice action. An additional...
Vasquez v. City of San Antonio - 3/28/2001
Petition for review denied August 30, 2001.
JUAN A. VASQUEZ, APPELLANT v. THE CITY OF SAN ANTONIO, SAN ANTONIO POLICE DEPARTMENT AS EMPLOYER OF CARLOS GARZA (#0681), AS A SAN ANTONIO POLICE OFFICER, AND R. NAYLOR (#0922), AS A...
Insurance Co. of the State of Pennsylvania v. Moore - 3/22/2001
I. Introduction
In this appeal we are asked to determine whether, under the Texas Workers' Compensation Act, a worker's compensation carrier is entitled, as a matter of law, to a proportionate reduction in the award of...
Feltham v. Bell Helicopter Textron - 3/22/2001
Appellants, Kim Gertrud Irmgard Feltham, individually and as natural guardian and next friend of Graham Lloyd Feltham, and Ryan Alexander Feltham, individually and as personal representative of the estate of Steven Lloyd Feltham, and...
Stolz v. Honeycutt - 3/22/2001
Mark Stolz, d/b/a Paradise Tanning Salon, appeals from a trial court award of $10,906.96 on a subcontractor's claim brought by Steve Honeycutt d/b/a Honeycutt Air Conditioning and Refrigeration. Stolz contends that the trial court...
Roberts v. Southern Pacific Transportation Company - 3/22/2001
Curley Roberts (Roberts) appeals from a take-nothing judgment in his personal injury suit against Southern Pacific Transportation Company (SOPAC) under the Federal Employers' Liability Act (FELA). In two issues, Roberts contends the...
Gray v. Estell - 3/22/2001
Kenneth L. Harris appeals pro se the trial court's final order of dismissal. In three points for review, Harris contends the trial court erred in denying a motion to substitute and excluding him from the lawsuit, dismissing the...
Walters v. Clark - 3/22/2001
Under a restricted appeal, appellant appeals the trial court's entry of a default judgment for personal-injury liability in an automobile accident. We reverse.
Facts
On September 29, 1996, appellant and appellee were...
Excel Corporation v. Apodaca - 3/16/2001
In this proceeding, appellant Excel Corporation (Excel) appeals from a judgment in favor of appellee Jimmy Apodaca for injuries sustained during the course of his employment at Excel's meat packing plant in Friona, Texas. Finding no...
American Industries Life Insurance Co. v. Ruvalcaba - 3/15/2001
In this premises liabilitycase, appellant American Industries Life Insurance Company ("American Industries") appeals from the trial court's judgment in favor of appellees and plaintiffs below, Jose Ruvalcaba and Maribel Ruvalcaba,...
In re C.T. - 3/15/2001
Justice Castillo
The State charged appellant, a juvenile, with committing delinquent conduct. After appellant pled "no contest," the juvenile court found that she had engaged in delinquent conduct and, after a disposition...
Madeksho v. Abraham - 3/15/2001
Petition for review denied September 13, 2001.
LAWRENCE MADEKSHO, APPELLANT v. ABRAHAM, WATKINS, NICHOLS & FRIEND, AND THE LAW OFFICE OF ROBERT E. BALLARD, P. C., APPELLEES
On Appeal from the 165th District Court...
Turner v. Polunsky - 3/15/2001
Inmates, Curtis Turner and Roel Tanguma, appeal the trial court's dismissal of their pro se in forma pauperis action.
BACKGROUND
Appellants are prison inmates in the Texas Department of Criminal Justice-Institutional...
Buccaneer Homes of Alabama - 3/15/2001
Appellant, Bucaneer Homes, manufactures mobile homes and sells them to various retailers. Appellees, John and Pam Pelis, purchased one of appellant's mobile homes from a retailer. Appellees found defects in their mobile home and sued...
PPG Industries - 3/8/2001
Defendant PPG Industries, Inc., appeals from an adverse judgment in a lawsuit in which JMB/Houston Centers Partners Limited Partnership asserted claims for violations of the Deceptive Trade Practices A ct and for breach of warranty....
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