In a recent case, a U.S. Court of Appeals for the Fifth Circuit rejected a Texas personal injury claim against Apple. The plaintiff alleged that a driver’s “neurobiological response” to a text message notification caused a fatal car crash. According to the facts alleged in the plaintiff’s complaint, a text…
Filing a claim in one state rather than another may have a number of benefits for a Texas plaintiff, including convenience and more favorable laws. In a recent Texas Supreme Court decision, the court explained why a case arising from an accidental death in Mississippi could be filed in Texas.In…
Earlier this month, the federal circuit court overseeing the federal district courts in Texas issued an opinion in a personal injury case discussing several pertinent issues for Texas product liability plaintiffs. The case required the court to determine if a jury’s $3.4 million verdict in favor of the plaintiff was…
A recent Texas product liability decision arose from a one-vehicle accident. The plaintiff was driving his vehicle with his family when a back tire burst, triggering a rollover. Those inside the car were injured. The driver had bought the car used from a car shop that had gotten it as…
In Iacono v. Stanley Black & Decker, a Texas product liability plaintiff appealed from a summary judgment motion brought by the defendant manufacturer. The case arose from injuries sustained in connection with the defendants’ automatic sliding glass doors at a hotel. The doors operate by using a controller. Three sensors…
WEDGWOOD FIRE UPDATE It is now understood that the fire loss that occurred at Wedgwood Apartments on December 28, 2014, will go down in history as one of 20 worst high-rise fire tragedies in U.S. History. We now also understand that the extent of the injuries and death at Wedgwood could…
In re Zimmer, Inc., a recent Texas appellate decision, considered a product liability lawsuit brought by a plaintiff. The plaintiff argued he was hurt because of the Zimmer Periarticular Distal Medial Tibial Locking Plate, a metal plate used to provide internal stabilization when a patient has serious fractures in his…
Fireworks are a long-standing tradition on July 4th. However, they can also be highly dangerous, especially if not handled appropriately. Recently, tragedy hit the Comanche area when one person was killed and four others injured in a fireworks accident. The accident occurred when Kiwanis Club members were preparing fireworks for…
It appears as though General Motors is not the only major automaker to order recalls of thousands of its automobiles. Now Japanese automakers Mazda, Honda, and Nissan have ordered recalls as well. Between the three, more than three million vehicles were slated to be recalled, due to faulty airbags supplied…
The Texas Court of Appeals of the First District recently affirmed a trial court’s summary judgment motion against a plaintiff injured by an air compressor box at Lowe’s. In Carpenter v. Campbell Hausfeld Company, Dwayne Carpenter was shopping for an air compressor at a nearby Lowe’s store in 2009. He…