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.
Introduction. Doing business with a governmental entity can be tricky business because of the doctrine of governmental immunity. If this doctrine applies, the governmental entity may escape liability for harm it causes to others. Recently, the City of Carrolton filed a plea to the jurisdiction claiming that it was immune from a lawsuit filed
Introduction. A couple of years ago this blog discussed the construction defect case, Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., in which the Pleasant Grove Independent School District sued its general contractor, Altech, Inc., and the manufacturer, FieldTurf USA, Inc., in connection with the installation of a defective artificial turf system as
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
The case of Odom v Coleman shows that all may not be lost if a mistake is made in drafting a will. 615 S.W.3d 613 (Tex. App.—Houston [1st Dist.] 2020, no pet.). In this case, the court modified a will under Tex. Est.
As you probably have read or heard in the news, we currently are in a seller’s residential real estate market. There is often a bidding frenzy over a home as soon as it is listed, and buyers frequently waive provisions in the standard real estate form contract hoping that their bid will be accepted. The
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