In this case of first impression, the El Paso court of Appeals held that the contractor, who built an overpass under contract with the Texas Department of Transportation (“TXDOT”), was immune from liability for injuries sustained by plaintiff when he fell from an overpass. A.S. Horner, Inc. v. Navarrette, No. 08-18-00044-CV, 2021
In Texas, the owner of a farm animal is immune from liability for injuries caused by the animal to third parties if the Farm Animal Act applies, as shown by Lobue v. Hanson, 14-19-00175-CV, 2021 WL 1567731, at *1 (Tex. App.—Houston [14th Dist.] Apr. 22, 2021, no pet.). In this case, the Defendant
Introduction. In this case, the widow and family of Mr. Deol (deceased) sued a truck driver, Defendant Gregory, and her employer, Defendant New Prime, for negligently causing Deol’s wrongful death, in a multi-vehicle trucking accident. Gregory v. Chohan, 615 S.W.3d 277, 295 (Tex. App.—Dallas 2020, no pet. h.)]. The trial court entered judgment for $17
The summary judgment personal injury case of AEP Tex. Cent. Co. v. Arredondo, 612 S.W.3d 289 (Tex. 2020) addressed in my previous blog article (previous article) made its way to the Supreme Court of Texas (SCOTX). This case involved injuries to a landowner who stepped into a hole allegedly created when the
An injured employee’s exclusive remedy for injuries sustained on the job is to recover workers compensation benefits, except when the employer intentionally causes the injuries. Berkel & Co. Contractors, Inc. v. Lee, 612 S.W.3d 280 (Tex. 2020). This SCOTX case shows how exceedingly difficult it is to prove this exception.
This case involved a
Introduction. In this rear-end 18 wheeler collision case, the trial court entered judgment in favor of injured motorist Patterson for over $30 million against FTS International Services, LLC and $26 million against FTS employee, Acker. The Appellate Court overturned the judgment because, amongst other reasons, the noneconomic damages awarded were excessive. The Appellate Courted
Introduction. In this tragic case involving interesting legal issues, a ranch hand was killed when he was trampled by cattle while working for a ranch. The ranch hand’s surviving parents and children sued the ranch for wrongful death and survival claims. The ranch was a nonsubscriber under the Texas Workers Compensation Act. However, the
Texas Court of Appeals Holds Workers Compensation Nonsubscribing Workers Compensation Employer Liable for Employees Injuries Sustained in Fall from Ladder
The benefit to Texas employers in maintaining workers compensation insurance is that they are shielded from liability to employees injured on the job. In exchange, employees are entitled to recover workers compensation benefits for injuries
The San Antonio Court of Appeals recently held that an automobile insurer can be held liable to its policyholder for attorney fees and extracontractual damages if it breaches its duty of good faith in failing to reasonably investigate or timely pay an uninsured motorist claim. State Farm Mut. Auto. Ass’n v. Cook, 04-18-00729-CV, 2019
Introduction. The San Antonio Court of Appeals has held that a property owner’s personal injury premises defect claim sounded in negligence rather than premises liability, even though the injuries were not caused by a contemporaneous activity of the contractor allegedly at fault. Arredondo v. Techserv Consulting & Training, Ltd., 567 S.W.3d 383 Tex. App.—San