In ENGlobal U.S. Inc. v. Gatlin, a Texas appellate court was asked to decide whether a party to a contract with an arbitration clause could compel arbitration of a personal injury claim by a nonparty to the contract under the doctrine of “direct benefits estoppel.” The case arose from Phillips…
Most of the time, the only recourse for survivors of a family member who dies because of a job are workers’ compensation benefits. However, when an employer shows gross negligence and an employee dies, the rules are different. In Garay v. GR Birdwell, the decedent’s surviving spouse and a representative of the…
Recently, four people died and over a dozen were hurt in a Texas college bus crash. The accident happened when a tractor-trailer crossed a median in Oklahoma and crashed into the bus, which was transporting a women’s college softball team. The team was going home after a scrimmage in Oklahoma.…
In Rodriguez v. Reed, a Texas plaintiff appealed the trial court’s summary judgment in favor of the defendant in a dog bite case. The case arose when the defendant was contacted at work that his burglar alarm was going off. He left his workplace and went home. He turned off…
Recently, two Texas teens fell over 12 feet off a carnival ride and were injured. One of the two teenagers sustained serious injuries, and the other was left with minor injuries. Some witnesses commented that the ride operator had not shut the door to the ride. The International Association of…
A recent appellate case arose when a plaintiff was seriously burned after falling into a pool of hot water at the defendant’s chemical plant. The plant had multiple manufacturing units, but the facility was owned by DuPont. The unit where the plaintiff was injured was a formaldehyde production unit. Steam…
Recently, a 14-year-old girl passed away after a go-kart accident outside the Texas Motor Speedway, where she was participating in a go-kart race. The race was sponsored by the Sports Car Club of America. The girl’s go-kart kept going after she crossed the finish line and crashed through a low…
On November 18, 2013, a Philadelphia jury awarded over $10 million to a family whose son was born with a cleft palate and other birth defects after being exposed to the drug Topamax during his mother’s pregnancy. More specifically, in Gurley, et al. v. Ortho-McNeil Janssen Pharmaceutical, Haley Powell was…
According to a recent report by the Pew Research Center, in 2012, an estimated 11.7 million unauthorized immigrants lived in the United States illegally, up from 11.3 million in 2009. The report estimates that approximately 1.75 million of these unauthorized immigrants live in Texas, accounting for 15% of the unauthorized…
According to the October 2013 issue of the Journal of the American Academy of Orthopedic Surgeons, falls and car accidents are responsible for most cases of minor traumatic brain injuries (“mTBI”). Notably, however, another leading cause of traumatic brain injuries (both minor and severe) is sports and recreational activities. In…