In Durham v. Children’s Medical Center of Dallas, a Texas appellate court considered whether the Texas Constitution’s Open Courts Clause stopped the statute of limitations from running in a deceased 12-year-old’s survival and wrongful death claims against her health care providers. The case arose from the medical care of the…
In Tractor Supply Co. of Texas, LP v. McGowan, the plaintiff sued a tractor supply distribution company and related parties for personal injuries. The case arose when a temporary staffing company assigned the plaintiff to work in the tractor supply distribution center. Employees of the center trained, supervised, and instructed…
In the Texas Supreme Court case of In Re HEB Grocery Store Company, the Court considered whether a trial court had properly denied the defendant’s motion to conduct a physical examination of a personal injury victim. The case arose when the plaintiff sued a grocery store for negligence, claiming he’d tripped…
In Texas Department of Transportation v. Brown, the plaintiff was driving on Hwy 82, in an area that was a construction zone, when she crashed into an unmarked machine parked in the right-hand lane. Later, she would claim that the barricade drums that were put between the two lanes didn’t…
In Bowman v. Davidson, a Texas appellate court considered a case in which a guest at a couple’s home was bitten in the face by their dog. She suffered severe injuries and sued the couple. She claimed that since they had actual or constructive knowledge about their dog’s abnormally dangerous tendencies, they…
In Cerny v. Marathon Oil Corporation, a couple sued an oil corporation and others for private nuisance and negligence claims. They said that toxic emissions from the companies’ oil and gas operations near their home had caused injuries to their health and property. The case arose when the couple moved…
In In re Ruben Gonzalez, a cross-complainant filed a petition for a writ of mandamus to overturn the trial court’s order that required him to undergo a medical examination in a personal injury suit. The case arose in 2013 when the cross-complainant was involved in a multi-vehicle crash. A truck…
In City of Socorro v. Hernandez, a Texas appellate court considered a case in which the plaintiffs were involved in a car crash. Their car was rendered inoperable, and the electrical system died in the street. The hazard lights weren’t working. The police responded. The officer didn’t park his car…
In Gibbons v. Luby’s, Inc., the plaintiff suffered anaphylaxis at a Texas restaurant after eating a salmon croquette that she did not know contained whitefish, to which she was allergic. After she started eating, her throat became scratchy, and her face turned red. A restaurant employee told her that the…
In Dabbs v. Calderon, a Texas Court of Appeals considered a case in which the defendant ran a red light and crashed into two cars. One of the passengers in one of the struck cars was pinned inside the car. When he was freed by emergency personnel, they found his leg…