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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State v. Oakley - 12/16/2005
The question presented is whether a claim for compensation for wrongful imprisonment under chapter 103 of the civil practice and remedies code can be assigned to, and enforced by, a third party. See Tex. Civ. Prac. & Rem. Code...

Montgomery County Hospital Dist. v. Smith - 12/15/2005
The trial court denied a plea to the jurisdiction filed by the Montgomery County Hospital District (hereafter "MCHD"). The MCHD appeals the trial court's denial. We reverse and render. In this suit, Tonya Smith, formerly...

Forest Oil Corp. v. McAllen - 12/15/2005
Before Justices Hinojosa, Yañez, and Rodriguez. Appellants, Forest Oil Corporation (Forest Oil), Daniel B. Worden (Worden), and ConocoPhillips Corporation (ConocoPhillips), bring this accelerated interlocutory appeal following...

Bustillos v. Jacobs - 12/14/2005
Sitting: Alma L. Lopez, Chief Justice, Catherine Stone, Justice, Rebecca Simmons, Justice. AFFIRMED Ida Rose Treviño Bustillos and Isauro Bustillos challenge the take nothing judgment rendered in their medical malpractice...

Loftin v. Morales - 12/14/2005
This is an interlocutory appeal of the denial of a motion for summary judgment in a personal injury and wrongful death action. Appellee, Misty Morales, individually and as personal representative of the Estate of Donna Morales, sued...

Methodist Health Care System of San Antonio - 12/14/2005
Sitting: Alma L. López, Chief Justice, Karen Angelini, Justice, Sandee Bryan Marion, Justice. REVERSED AND REMANDED Methodist Health Care System of San Antonio, Ltd. d/b/a Methodist Specialty and Transplant Hospital...

Boothe v. Dixon - 12/13/2005
Before Justices Wright, Moseley, and Lang. In a single issue, William A. Boothe, M.D., individually and d/b/a Boothe Eye Care and Laser Center, challenges the trial court's order denying Boothe's motion to dismiss and motion...

Perez v. City of Dallas - 12/13/2005
Before Justices Whittington, Francis, and Lang Martin Perez sued the City of Dallas under a theory of premises liability for injuries he sustained when he fell from the bed of his truck into an open pit at a trash transfer...

Stewart v. Texas Dep't of Criminal Justice - 12/13/2005
In this personal injury case, Edward Stewart appeals a summary judgment in favor of the Texas Department of Criminal Justice ("TDCJ") on the grounds that there were material fact issues regarding: (1) the applicable statute of...

Guillen v. Frels - 12/8/2005
In this personal injury case, appellant Mary Ann Guillen appeals from a take-nothing summary judgment, based solely on the ground of limitations, in favor of appellee William A. Frels, as personal representative of the Estate of...

Kroupa v. Casey - 12/8/2005
In dual proceedings, appellant-relator, David J. Kroupa, D.C. ("Kroupa"), challenges the trial court's order that denied his motion to compel arbitration against appellee-real party in interest, Ernest Casey ("Casey"). In one issue,...

University of Texas Health Science Center v. Schroeder - 12/8/2005
Appellant, the University of Texas Health Science Center (UT), brings this interlocutory appeal from the trial court's denial of its plea to the jurisdiction in favor of appellee, Terry Schroeder. In three issues on appeal, UT argues...

Hartless v. Allstate Texas Lloyds Insurance Co. - 12/6/2005
Lonnie L. Tucker and Kerry Hartless appeal from a summary judgment rendered in favor of Allstate Texas Lloyds Insurance Company, based on Allstate's position that it had no coverage for an injury to Hartless. In short, the summary...

Labao v. Guevara - 12/1/2005
Corazon Ferrer Labao appeals from a Judgment Notwithstanding the Verdict ("JNOV") in favor of Appellee Noemi Guevara. Appellant contends the trial court erred in granting the JNOV. We agree and reverse and remand. About 9 p.m....

Dodge v. Durdin - 12/1/2005
Appellant, Deborah Dodge, appeals from a no-evidence summary judgment and traditional summary judgment granted in favor of appellees, Jean Durdin, Granger Durdin, Raymond Durdin, Magic Moments Inc. and Magic Moments Stables. Dodge...

Phillips v. Dow Chemical Co. - 11/30/2005
Angelia Stewart (Stewart) died when she fell from scaffolding on a worksite. Charles Phillips, who contended that he was Stewart's husband, asserted wrongful-death claims on his own behalf and a survival claim on behalf of Stewart's...

Henson v. Southwest Airlines Co. - 11/30/2005
Before Justices Lang, Lang-Miers, and Mazzant Opinion Desmond T. Henson appeals the trial court's order granting summary judgment for Southwest Airlines Company. In two issues, he argues that the trial court erred in...

Deam Ranch Properties Ltd v. Bayliss - 11/30/2005
Dean Ranch Properties, Ltd., and Bayliss both appeal the trial court's judgment in Dean Ranch's suit for fraud in a real estate transaction. See TEX. BUS. & COMM. CODE ANN. § 27.01 (Vernon 2002). We affirm the judgment as...

City of Fort Worth - 11/23/2005
Appellant, the City of Fort Worth, appeals from the trial court's judgment denying its plea to the jurisdiction. Because the pleadings filed by Appellee Emma J. Hurst fail to plead a cause of action within the waiver of sovereign...

Citgo Petroleum Corp. v. Wright Petroleum Co. - 11/23/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez This is an appeal from a summary judgment granting declaratory relief and awarding attorney's fees in favor of appellees, Wright Petroleum Co., Inc., d/b/a Wright...

Neeley v. West Orange-Cove Consolidated Independent School Dist. - 11/22/2005
Argued July 6, 2005 JUSTICE HECHT delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE O'NEILL, JUSTICE WAINWRIGHT, JUSTICE MEDINA, JUSTICE GREEN, and JUSTICE JOHNSON joined. JUSTICE BRISTER filed a...

Greenwell v. Davis - 11/22/2005
The City of Texarkana, Arkansas, and Glenn Martin Greenwell appeal the trial court's denial of their joint motion for partial summary judgment based on sovereign immunity under Arkansas law. The squad car being driven by Greenwell,...

In re Columbia/St. David's Healthcare System - 11/18/2005
ON PETITION FOR WRIT OF MANDAMUS In Gonzalez v. Reliant Energy, Inc., 159 S.W.3d 615, 621--22 (Tex. 2005) and in In re Reliant Energy, Inc., 159 S.W.3d 624, 626 (Tex. 2005), we held that section 15.007 of the Texas Civil Practice...

City of San Antonio v. Parra - 11/16/2005
Sitting: Alma L. Lopez, Chief Justice, Catherine Stone, Justice, Phylis J. Speedlin, Justice. REVERSED; CLAIMS DISMISSED The City of San Antonio appeals the trial court's order denying its motion to dismiss the negligence...

Tovar v. Methodist Healthcare System of San Antonio - 11/16/2005
Sitting: Sarah B. Duncan, Justice, Karen Angelini, Justice, Sandee Bryan Marion, Justice. REVERSED AND REMANDED This is an appeal from the trial court's dismissal of appellants' medical malpractice case against appellee...

Toshiba Machine Co. - 11/10/2005
OPINION ON REHEARING After reviewing Appellant, Toshiba Machine Co., America's motion for rehearing, we deny the motion. We withdraw our June 2, 2005 opinion and judgment and substitute the following. Our ultimate conclusions...

Kincaid v. Austin Center for Outpatient Surgery - 11/4/2005
Appellant Dorothy Kincaid appeals from the dismissal of her medical malpractice claim against appellee, HealthSouth Surgical Hospital of Austin ("HealthSouth"). Kincaid claims she suffered injuries that were caused by the negligence...

Morrell v. Finke - 11/3/2005
I. Introduction Donna Morrell gave birth to her first child, Madeline, on December 31, 1994, at Arlington Memorial Hospital. Donna and her husband, Robert Morrell, individually and as next friends for Madeline (Plaintiffs),...

Flores v. Skaro - 11/3/2005
Before Justice Yañez, Rodriguez, and Garza Appellants, Rogelio Flores, individually and as representative of the estate of Teresa Flores, and intervenors, Teodoro and Elida Flores, individually and as next of friends of June...

Everett v. TK-Taito - 11/3/2005
I. Introduction The sole issue we address in this appeal is whether Appellants Pete and Marcella Everett alleged an injury sufficient to establish their standing to assert certain causes of action on their own behalf and on...

HCRA of Texas - 11/3/2005
I. Introduction This is a nursing home liability case. The trial court rendered judgment on the jury's verdict for Appellees Margie Faye Johnston, Tommy Lloyd Johnston, Gary Wayne Johnston, and Douglas Lee Johnston,...

Francis v. Select Specialty Hospital - 11/3/2005
Appellant, Sharon Francis, as guardian of Godfrey Francis, challenges the trial court's order dismissing her medical malpractice lawsuit against appellee, Select Specialty Hospital ("Select Specialty"), because of her failure to...

IFS Security Group - 10/31/2005
Before Justices Whittington, Francis, and Lang IFS Security Group, Inc. d/b/a Ameritex Guard Services appeals the trial court's order denying its petition to take the deposition of an American Equity Insurance Company employee...

In re Weekley Homes - 10/28/2005
ON PETITION FOR WRIT OF MANDAMUS Argued November 30, 2004 JUSTICE W ILLETT did not participate in the decision. We are asked to decide whether Weekley Homes, L.P., a party to a contract containing an arbitration...

Vinson v. Lorentz - 10/27/2005
This is a medical malpractice case. Appellants, Rose Ann (Rose) and John Vinson (the Vinsons), challenge the trial court's dismissal with prejudice of their claims against appellee, Rick G. Lorentz, M.D., for noncompliance with...

City of Weslaco v. Theobald - 10/27/2005
Before Chief Justice Valdez and Justices Castillo and Garza Appellant, City of Weslaco, brings an interlocutory appeal of the trial court's denial of its plea to the jurisdiction in a case brought by appellee, Robert Theobold....

Morris v. Blanchette - 10/26/2005
Dr. A.J. Morris sued Dr. Katherine Blanchette for libel per se after Blanchette issued a peer review report to a worker's compensation carrier which was critical of Morris's treatment of a patient. Blanchette filed a traditional...

Thomas v. Farris - 10/26/2005
Debra Thomas and Stan Thomas alleged that Dr. Gearald Farris, a chiropractor, was negligent in failing to x-ray Debra's hips and discover fractures incurred after she had an automobile accident. The Thomases appeal the summary...

Conley v. Driver - 10/25/2005
The twelve-or thirteen-year-old Gianna Driver thought her stepfather, James G. Conley, Sr., was going to be the father she had never really had. He encouraged her to excel and told her he loved her. But he began initiating sexual...

Daniels v. Yancey - 10/25/2005
Kimberly T. and Willie Daniels appeal from a take-nothing judgment in favor of Christopher A. Yancey, M.D., and Diagnostic Clinic of Longview, P.A (collectively, Yancey). The Danielses complain on appeal that the trial court erred in...

MacDonald v. Warner - 10/20/2005
Appellant, Richard C. MacDonald, challenges the trial court's rendition of summary judgment in favor of appellees, William S. Warner, M.D. and Romeo Castillo, M.D., in his suit alleging medical malpractice. In two points of error,...

Christus Health Southeast Texas v. Griffin - 10/20/2005
Christus Health Southeast Texas d/b/a Christus St. Mary Hospital ("St. Mary") prosecutes this interlocutory appeal based upon the trial court's denial of a motion to dismiss filed by St. Mary in the course of a bill of review action....

Leday v. Zatorski - 10/20/2005
Appellants, Saprina Leday and Mark Leday, individually and as next friends of Mark Conrad Leday Jr. and Sasha Marquetta Booker (collectively the "Ledays"), appeal the dismissal of their medical malpractice lawsuit against appellees,...

Prairie View A&M University v. Brooks - 10/20/2005
Prairie View A&M University (the "University") appeals a judgment granted in favor of Eddie Ray Brooks for injuries Brooks sustained while repairing a pipe on the University's campus. After conducting a legal sufficiency review...

Stafford v. Allstate Life Insurance Co. - 10/18/2005
A simple automobile accident has resulted in a class-action lawsuit challenging settlement practices of Allstate Insurance Company and several of its affiliated companies. In 1997, Melvin Block allegedly caused an automobile...

Diversicare General Partner - 10/14/2005
Argued September 24, 2003 JUSTICE WAINWRIGHT delivered the opinion of the Court, in which JUSTICE HECHT, JUSTICE MEDINA, JUSTICE JOHNSON, and JUSTICE WILLETT joined, and in which CHIEF JUSTICE JEFFERSON joined as to Part...

In re Living Centers of Texas - 10/14/2005
ON PETITION FOR WRIT OF MANDAMUS Argued September 9, 2004 JUSTICE GREEN delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE HECHT, JUSTICE O'NEILL, JUSTICE WAINWRIGHT, JUSTICE BRISTER, JUSTICE...

JCW Electronics - 10/13/2005
Before Chief Justice Valdez and Justices Hinojosa and Castillo Appellant, JCW Electronics, Inc. ("JCW"), appeals from the trial court's judgment in a personal injury suit. After the suicide death of Rolando Domingo Montez while...

HCA Health Services of Texas - 10/13/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez Appellant, HCA Health Services of Texas, Inc., d\b\a HCA Rio Grande Regional Hospital, and appellee, Danek Medical, Inc., filed cross motions for summary judgment...

Cunningham v. Columbia/St. David's Healthcare System - 10/13/2005
Cherrie Cunningham, individually and as the next friend of her late father, Troy Conaster, filed suit against appellant Columbia/St. David's Healthcare System, L.P., ("Columbia") on May 29, 2003, alleging that the hospital's medical...

Landmark Organization - 10/13/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez Appellant, Landmark Organization, L.P., appeals from the judgment of the trial court in favor of appellee, Delphini Construction Company, in three issues: (1) the...

Jocson v. Crabb - 10/13/2005
OPINION ON REMAND After a confidential settlement, the trial court awarded Joe Crabb $117,150 in guardian ad litem fees and an additional $55,000 for appellate fees. In three issues, Maria Jocson, M.D. and Woman's Hospital of...

Bartosh v. Gulf Health Care Center-Galveston - 10/11/2005
Jose de Alminana Smothers was attacked by fire ants while in the care of a nursing home facility run by Gulf Health Care Center-Galveston. She subsequently died from other causes. Her daughter, Sandra Smothers Bartosh, sued Gulf...

Taylor v. Wilson - 10/6/2005
This is an interlocutory appeal from the denial of a motion to compel arbitration. Appellants, attorney Dennis Taylor and the law firm of Shepherd, Smith, & Bebel, P.C., seek relief from the trial court's denial of their motion...

Hettler v. Travelers Lloyds Insurance Co. - 10/6/2005
Presenting five points of error, appellants Ronald J. Hettler, Robin Hettler, and Cornwall Insurance Agency, Inc. d/b/a Hettler-Brenholtz Insurance (collectively the Hettlers) contend the trial court erred in rendering summary...

First Professionals Insurance Co. - 10/5/2005
Sitting: Catherine Stone, Justice, Karen Angelini, Justice, Rebecca Simmons, Justice. REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART The issue presented in this appeal is whether under a claims-made policy,...

Huynh v. Nguyen - 10/4/2005
This is an interlocutory appeal from the trial court's order denying the special appearances of two nonresidents. We affirm in part and reverse and remand in part. I. Factual and Procedural Background Appellees, Thuy...

Whittington v. City of Austin - 9/30/2005
Our opinion and judgment issued on June 8, 2005, are withdrawn, and the following opinion is substituted. This is an appeal in a condemnation case. The trial court granted partial summary judgment that the City of Austin (the...

Omega Contracting - 9/29/2005
I. Introduction This case presents several issues arising from a wreck involving four tractor-trailer rigs. We affirm in part and reverse in part and remand for new trial. II. Factual and Procedural Background In...

Dutton-Lainson Co. v. Do It Best Corp. - 9/28/2005
Sitting: Catherine Stone, Justice, Sarah B. Duncan, Justice, Phylis J. Speedlin, Justice. MOTION TO VACATE DENIED; AFFIRMED In this appeal, we must determine whether a manufacturer has a statutory duty to indemnify a...

O'Donald v. Texarkana Memorial Hospital - 9/28/2005
James Michael O'Donald, on behalf of the Estate of Ross Eugene O'Donald, deceased, and all wrongful death beneficiaries, brought suit against T. Michael Hillis, M.D., Malcolm A. Smith, M.D., Collom and Carney Clinic Association, and...

UMLIC VP LLC v. T&M Sales and Environmental Systems - 9/15/2005
Before Justices Hinojosa, Rodriguez, and Garza Appellant, UMLIC VP LLC ("UMLIC"), sued appellees, T&M Sales and Environmental Systems, Inc. ("T&M"), Tomas and Perla Lozano, and Walter M. Ezell, to recover the overdue...

Doctor v. Pardue - 9/15/2005
Appellants, Laird Doctor ("Lad") and Linda Doctor, challenge the trial court's judgment entered after a jury trial in their negligence suit against appellees, Experimental Aircraft Association, Inc. ("EAA") and Howard Pardue, for...

County of El Paso v. Dorado - 9/15/2005
This is an appeal from a jury verdict rendering judgment against the County of El Paso under 42 U.S.C. § 1983 arising from the death of Eduardo Miranda while he was incarcerated in the El Paso County jail. Appellant filed a motion...

Freeman v. Harris County - 8/31/2005
Appellant, Octavish Freeman, appeals the trial court's order dismissing his negligence claim against appellee, Harris County, Texas ("the County"), for lack of subject-matter jurisdiction. In three separate issues, Freeman contends...

Bustillos v. Rowley - 8/31/2005
Appellants Corina Bustillos and Virginia Bustillos, as Survivors and Heirs at Law of the Estate of Raquel Arriola, Deceased, and the Estate of Raquel Arriola appeal from the dismissal of their medical malpractice claim against...

Morrill v. Cisek - 8/31/2005
In an interlocutory appeal, appellant, Ann C. Morrill, challenges the trial court's denial of her special appearance in the underlying lawsuit for defamation brought against her by her ex-husband, appellee, Lawrence J. Cisek Jr. In...

Perez v. Perez - 8/31/2005
Lacey Perez appeals a judgment non obstante veredicto on punitive damages for gross negligence in an automobile accident. On a rainy day in August 2002, Gustavo A. Perez drove his employer's delivery truck into the back of Lacey...

TIG Insurance Co. v. North American Van Lines - 8/26/2005
Before Justices FitzGerald, Richter, and Lang-Miers This is an insurance coverage dispute. TIG Insurance Company, an excess insurer, appeals the denial of its motion for summary judgment and the granting of summary judgment in...

Granek v. Texas State Board of Medical Examiners - 8/26/2005
On August 3, 2005, we overruled appellant Harold Granek, M.D.'s motion for rehearing. To address additional issues raised in his unopposed motion to modify the judgment, we withdraw our opinion and judgment dated August 3, 2005, and...

University of Texas at El Paso v. Moreno - 8/25/2005
In this accelerated interlocutory appeal, the University of Texas at El Paso and the University of Texas System ("UTEP/UTS"), appeal from the trial court's order denying UTEP/UTS's Plea to the Jurisdiction and Motion to Dismiss....

Clark v. HCA - 8/25/2005
Lela Clark appeals the dismissal of her medical malpractice suit against Dr. Robert Moreno, Dr. Mariano Palacios, and Del Sol Rehabilitation Hospital (Del Sol). At issue are the qualifications of the expert witness and the adequacy...

Jones v. Lakshmikanth - 8/25/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez Appellant, Michael Jones, appeals a take-nothing judgment entered against him in his medical malpractice suit against appellee, B.N. Lakshmikanth, M.D. By four...

Esquivel v. El Paso Healthcare Systems - 8/25/2005
Dolores Esquivel and Carlos Esquivel appeal from an order dismissing with prejudice their medical malpractice suit against El Paso Healthcare System Ltd. d/b/a Las Palmas Medical Center (Las Palmas) and Del Sol Rehabilitation...

Los Fresnos Consolidated Independent School Dist. v. Rivas - 8/18/2005
Before Justices Yanez, Castillo, and Garza This interlocutory appeal stems from a suit by Enrique Rivas, Jr. and Elsa Rivas, Individually and as next friends of Felix Rivas, Magdalena Rivas, and Valentin Rivas ("the Rivases")...

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