Articles Posted in Personal Injury

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The Supreme Court affirmed in part and reversed and remanded in part the judgment of the court of appeals holding that an interlocutory order denying a motion for summary judgment based on a claim against or defense by a member of the media or personal quoted by the media involving constitutional guarantees of freedom of speech or of the press refers to the ruling on the entire motion, including nonconstitutional grounds, and Defendants were entitled to summary judgment on all claims against them. Plaintiff sued a publication and an orchestra alleging various tort claims. Defendants each moved for summary judgment on all of Plaintiff’s claims. The trial court granted the motions in part but denied the publication’s motion on Plaintiff’s claims for defamation, conspiracy to defame, negligence, and gross negligence and denied the orchestra’s motion on Plaintiff’s claims for conspiracy to defame and tortious interference with employment. Defendants appealed based on Tex. Civ. Prac. & Rem. Code 51.014(a)(6). Some of Defendants’ defenses arose under constitutional guarantees of free speech and a free press, but others did not. The court reversed the denial of the publication’s motion for summary judgment and part of the denial of the orchestra’s motion. The Supreme Court reversed in part, holding that Defendants were entitled to summary judgment on all of Plaintiff’s claims. View "Dallas Symphony Ass’n v. Reyes" on Justia Law

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In this proceeding brought pursuant to a petition under Tex. R. Civ. P. 202 to conduct a pre-suit deposition of a website operator, the Supreme Court vacated the judgments of the trial court and the court of appeals and dismissed this case for lack of jurisdiction, holding that the Rule 202 proceeding had been rendered moot by the fact that Petitioner’s potential claims against several anonymous individuals were now time-barred as a matter of law. In its petition, Petitioner sought to investigate potential defamation and business disparagement claims against the anonymous speakers who posted negative statements about Petitioner on a website. The trial court granted Petitioner’s request to depose the website operator under Rule 202, and the court of appeals affirmed. The Supreme Court vacated the judgments of the lower courts and dismissed this case for want of jurisdiction, holding that the statute of limitations had conclusively run on the potential claims Petitioner sought to investigate under Rule 202, and therefore, Petitioner’s petition for pre-suit discovery was moot. View "Glassdoor, Inc. v. Andra Group, LP" on Justia Law

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In this wrongful death case, the Supreme Court reversed the judgment of the court of appeals reversing the judgment of the trial court in favor of Plaintiff on her claim that Defendant, a neurosurgeon, was negligent, holding that the court of appeals erred in reversing the trial court. The Supreme Court remanded this case to the court of appeals, holding (1) the expert testimony was not conclusory, and therefore, the jury could rely on it to conclude that Defendant was negligent in breaching his standard of care by failing to treat his patient properly; (2) Defendant’s negligence was not too remote to be a proximate cause of the decedent’s death; and (3) the court of appeals erred in deciding factual sufficiency without explaining its application of the standard. View "Windrum v. Kareh" on Justia Law

Posted in: Personal Injury

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The Supreme Court reversed the judgment of the court of appeals affirming the decision of the trial court rendering judgment for Plaintiffs in this negligence action, holding that the trial court erred by excluding certain evidence and that a truck driver’s employer could not be held directly liable for the death of a pedestrian that was killed by the employer’s truck. The decedent’s family filed this action arguing that the truck driver was negligent in operating the truck and that the truck owner, the driver’s employer, was negligent in training the driver. The trial court rendered judgment on the jury’s verdict finding that the negligence of the driver, the truck owner, and the decedent proximately caused the collision. The court of appeals affirmed. The Supreme Court reversed, holding (1) the trial court erred by excluding evidence of the pedestrian’s mental illness and the fact that she had alcohol and drugs in her system at the time of the collision; and (2) there was no evidence to support the finding that the alleged negligence of the employer in training the driver proximately caused the collision. View "JBS Carriers, Inc. v. Washington" on Justia Law

Posted in: Personal Injury

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The Supreme Court reversed the judgment of the court of appeals holding that a health care claimant’s expert report was insufficient as to causation with respect to one of her providers and dismissing her claims against that provider, holding that the expert report adequately addressed both causation and the standard of care. The health care claimant in this case sued a health care provider and two of its physicians for negligence. Only the claimant’s claim against the provider for vicarious liability based on the alleged negligence of its employee nurses was at issue in this appeal. The provider filed a motion to dismiss the claimant’s claims challenging the claimant’s expert report. The trial court denied the motion to dismiss. The court of appeals reversed and dismissed the claims against the provider. The Supreme Court reversed and remanded the case to the trial court for further proceedings, holding that the report sufficiently identified the applicable standard of care and linked the provider’s nurses’ alleged breaches with the claimant’s injuries. View "Abshire v. Christus Health Southeast Texas" on Justia Law

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At issue was whether the district court correctly dismissed the claim that because of negligent training and handling by private military contractors, a dog that protects soldiers and others by sniffing out enemy improvised explosive devices (IEDs) bit Plaintiff on a United States Army base in Afghanistan. Defendant, which contracted with the Department of Defense to provide teams of working dogs and handlers to the Armed Services, claimed in defense that the incident was caused by the Army’s use and prescribed manner of quartering the dog. Defendant filed a plea to the jurisdiction asserting that Plaintiff’s claims were nonjusticiable under the political question doctrine because they required an assessment of the Army’s involvement in causing her alleged injuries. The trial court granted the motion and dismissed the case. The court of appeals reversed, thus rejecting the application of the political question doctrine. the Supreme Court reversed, holding that this case is nonjusticiable due to the presence of an inextricable political question. View "American K-9 Detection Services, LLC v. Freeman" on Justia Law

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The common law rule against perpetuities does not invalidate a grantee’s future interest in the grantor’s reserved non-participating royalty interest (NPRI). Lorene Koopmann and her two children sought declaratory judgment against Burlington Resources Oil & Gas Company, L.P. and Lois Strieber to construe a warranty deed by which Strieber conveyed fee simple title to a tract of land to Lorene and her late husband. Under the deed, Strieber reserved a fifteen-year, one-half NPRI. The Koopmans claimed that they were the sole owners of an NPRI as of December 27, 2011. They also asserted claims against Burlington, which leased the tract from the Koopmanns, for breach of contract and other claims. The trial court granted summary judgment for the Koopmans as to the declaratory action and granted summary judgment for Burlington on the negligence and negligence per se claims. The court of appeals affirmed in part and reversed in part. The Supreme Court held (1) the rule against perpetuities does not invalidate the Koopmann’s future interest in the NPRI; (2) Tex. Nat. Res. Code 91.402 does not preclude a lessor’s common law claim for breach of contract; and (3) the court of appeals properly entered judgment as to attorney’s fees pursuant to Tex. R. Civ. P. 91a. View "ConocoPhillips Co. v. Koopmann" on Justia Law

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The Supreme Court conditionally granted a writ of mandamus sought by Melissa Dawson in this pretrial dispute. Dawson sued Defendant for injuries she received at a bar and restaurant. Upon serving Defendant with her original petition, Dawson also propounded a request for disclosures, interrogatories, and requests for production. More than two weeks after limitations expired, Defendant moved for leave to designate Michael Graciano as a responsible party. Dawson opposed the motion for leave on the ground that, under Chapter 33 of the Texas Civil Practice and Remedies Code, a defendant may not designate a responsible third party after limitations has expired if the defendant has failed to comply with its obligations to timely disclose that the person may be designated as a responsible third party. The trial court, however, granted leave. After the court of appeals denied Dawson’s request for mandamus relief, she filed this proceeding. The Supreme Court conditionally granted the writ, holding that Dawson presented adequate grounds for relief by mandamus. View "In re Melissa Dawson" on Justia Law

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The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals in this defamation, breach of contract, and fraudulent inducement case. After Defendant, Plaintiff’s employer, offered him an oral deal to “buy in” the business in exchange for managing two automobile dealerships, Plaintiff was falsely accused of taking illegal kickbacks on used-car acquisitions and lost his job. The jury found that Defendant defrauded and defamed Plaintiff but did not find that the parties agreed to a buy-in deal that included interests in the dealerships and their underlying real estate. The jury awarded Plaintiff $2.2 million in defamation damages and $383,150 in fraud damages. The trial court rendered judgment on the jury’s verdict. The court of appeals reversed and rendered a take-nothing judgment. The Supreme Court held (1) the jury’s failure to find that the parties agreed to the specific contract terms submitted in the contract question did not preclude Plaintiff from recovering the value of the disputed dealership interests as benefit-of-the-bargain damages under a fraud theory that required proof of an enforceable contract; and (2) legally sufficient evidence supported the damages awarded for loss of reputation and mental anguish in the past, but no evidence supported the existence of future damages or a finding that the kickback allegations caused any lost-income damages. View "Anderson v. Durant" on Justia Law

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There is no cause of action in Texas for intentional interference with an inheritance. Richard Archer and Richard’s six children (the Archers) brought this action against Ted Anderson’s estate for intentional interference with their inheritance, alleging that Anderson influenced Jack Archer to disinherit them. The jury found in favor of the Archers. On appeal, the court of appeals concluded that the Supreme Court has never recognized tortious interference with inheritance as a cause of action in Texas and deferred to the Supreme Court to decide whether to do so. The court then reversed and rendered judgment for Anderson. The Supreme Court affirmed, holding that the tort of interference with inheritance is not recognized in Texas. View "Archer v. Anderson" on Justia Law