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

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


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 Chambers County v. Pelco Construction Co., the general contractor unilaterally terminated its contract after the project owner stopped work for 40 days. No. 01-18-00832-CV, 2020 WL 7776078, at *1 (Tex. App.—Houston [1st Dist.] Dec. 31, 2020, no pet. h.). The general contractor made payment demands upon the owner for work performed

Introduction. In this case, Valley Builders Supply, Inc., a manufacturer of concrete blocks, sued its competitor, Innovative Block of South Texas, Ltd,  for defamation and business disparagement. At the conclusion of the trial, Valley Builders chose only to submit questions to the jury for defamation. Based upon the jury’s verdict, the trial court entered

Introduction. TPI Cloud Hosting, Inc. (“TPI”) and Keller Williams Realty Inc. (“KW”) entered into an arrangement for TPI to develop a mobile app for KW’s real estate agents’ business. The alleged price tag to develop this app was $1.8 million. TPI sent a $600,000 invoice for payment to KW which KW refused to pay