Introduction. In Texas, an employer is vicariously liable for the negligence of its employee, acting within the course and scope of employment, resulting in injuries to a third party. In the automobile accident case of EAN Holdings, LLC v Arce, 636 S.W.3d 290 (Tex. App.- Fort Worth 2021, pet. denied), the Fort Worth
Personal Injury Law
SCOTX Upholds Jury Verdict Favoring Workers Injured by Live Power Line above Owner’s Property
The Los Compadres case, decided by the Supreme Court of TX (SCOTX), addresses Chapter 95 of the Texas Civil Practices & Remedies Code. This important statute sets the minimum criteria that must be met to hold a property owner liable for injuries sustained by a contractor’s employee performing construction work on the property owner’s premises.…
TXDOT Contractor Shielded by Statutory Immunity Against Personal Injury Claim arising out of Constructed Overpass
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…
Owner of Vicious Horse Protected from Liability under Texas Farm Animal Act
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…
Dallas Court of Appeals Upholds $17 Million Verdict in Favor of Decedent’s Estate and Family in Wrongful Death Action
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…
Utility Company Not Liable to Landowner for Injuries Allegedly Caused by Hole from Removal of Utility Pole
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…
Amputee’s Personal Injury Claim Barred by Workers Compensation Exclusive Remedy Defense
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…
Texas Appellate Court Overturns $30+ Million 18 Wheeler Accident Verdict
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…
Family’s Wrongful Death Claims for Ranch Hand Trampled to Death by Cattle Allowed to Proceed to Trial
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…
Remnants of Texas Open Range Laws Protect Rancher from Liability for Personal Injuries
Introduction. My 13 year old son and I were recently traveling through a small Texas town and saw a sign that said computers and guns for sale. Where else but Texas would you find this? Of course, we still have remnants of the open range laws in our great state.
This brings me to…