Justia Injury Law Opinion Summaries

The Supreme Court conditionally granted a writ of mandamus sought by real parties in interest (the Paus) in this action brought against Relators (collectively, Auburn Creek) seeking $33 million in damages allegedly caused by carbon-monoxide exposure in a dwelling the Paus leased from Auburn Creek, holding that the trial court clearly abused its discretion in denying Auburn Creek's motion to compel.Auburn Creek filed a motion to compel a neuropsychological exam for each of the Pau family members. The trial court denied the motion with prejudice on the grounds that the scope of the exams was not sufficiently circumscribed and subsequently denied Auburn Creek's request for mandamus relief. The Supreme Court conditionally granted relief, holding that the trial court abused its discretion by concluding that Auburn Creek had not shown good cause for the exams. View "In re Auburn Creek Limited Partnership" on Justia Law

The Supreme Court reversed in part the judgment below and remanded this case for further proceedings that will allow the district court to render a judgment that complies with the periodic-payments statute, holding that the district court erred in how it structured the periodic payments in this case.A.M.A. was diagnosed with cerebral palsy after being deprived of oxygen during extended periods during his mother's labor. A jury awarded future healthcare expenses in the amount of almost $10,000,000. The trial judge ordered the award structured into periodic payments. The court of appeals affirmed. The Supreme Court reversed in part, holding that there was nothing in the evidence that justified the way the trial court ordered the periodic payments to be structured. View "Columbia Valley Healthcare System, L.P. v. A.M.A." on Justia Law

In this good Samaritan case, the Supreme Court reversed the judgment of the court of appeals reversing in part the order of the trial court granting summary judgment in favor of Defendant in this wrongful death and survival action, holding that the court of appeals erred in reversing summary judgment for Defendant.At issue was whether Dawn Hancock had a duty to exercise reasonable care as to Jeffrey Landrum, who was crushed by a portable storage unit. The trial court granted summary judgment for Defendant. The court of appeals reversed in part, ruling (1) because Hancock participated in the unloading of the storage unit, she undertook a duty to protect Landrum from dangers that an ordinarily prudent person could foresee were a likely result of the situation; and (2) a fact issue remained as to whether Dawn failed to continue to render Landrum assistance. The Supreme Court reversed, holding that any duty imposed on Dawn by undertaking to help Landrum ended when the unloading process was completed. View "Three Aces Towing, Inc. v. Landrum" on Justia Law

The Supreme Court reversed the order of the trial court granting summary judgment in favor of the City of Tyler and dismissing this personal injury action arising under the Texas Tort Claims Act on the grounds that the trial court lacked jurisdiction, holding that the trial court's jurisdiction was secure.Plaintiff was allegedly injured when he was driving a truck for his employer and an improperly secured piece of lumber flew off a truck owned by the City entered the driver side window and struck Plaintiff in the head. The trial court granted the motion for summary judgment filed by the City, concluding that the trial court lacked jurisdiction because Plaintiff failed timely to provide the City with notice of his claim. View "Leach v. City of Tyler" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court for a pioneering cardiovascular surgeon in this dispute between the surgeon and the hospital where he formerly worked, holding that the evidence was not legally sufficient to support the jury's award.Plaintiff and his professional association sued Defendant for engaging in a retaliatory "whisper campaign" against him after he left Defendant for a new rival hospital, alleging illegal restraint of trade (anticompetition claims), tortious interference with prospective business relations, defamation, and business disparagement. The jury rejected Plaintiff's anticompetition claims but found that Defendant had defamed Plaintiff and disparaged his professional association. Defendant appealed, arguing that no evidence supported the jury's defamation and disparagement findings. The court of appeals affirmed based on its interpretation of the jury charge. The Supreme Court reversed and rendered a take-nothing judgment for Defendant, holding that no evidence supported the jury's award in this case. View "Memorial Hermann Health System v. Gomez" on Justia Law

In this workplace injury case, the Supreme Court conditionally granted YRC, Inc.'s petition for writ of mandamus and directed the trial court to vacate its order denying YRC's motion for leave to designate a responsible third party and to grant the motion, holding that YMC's motion was timely, contrary to the trial court's conclusion.Defendants in this case sought to designate Plaintiff's employer as a responsible party sixty-two days before the suit's third trial setting and more than five years the injury. The trial court denied the motion, concluding that it was untimely. The court of appeals denied mandamus relief. The Supreme Court conditionally granted mandamus relief, holding (1) the motion was timely filed and pleaded sufficient facts; and (2) there was no applicable limitations period for Plaintiff to join the third-party employer as a defendant on tort cause of action because workers' compensation was his exclusive remedy. View "In re YRC Inc." on Justia Law

In this premises-liability suit, the Supreme Court reversed the opinion of the court of appeals reversing the decision of the trial court rendering summary judgment in favor of the owner of the grocery store and parking lot where Plaintiff tripped and fell, holding that summary judgment was appropriate in favor of the store owner.Plaintiff sued Defendant, the premises owner, after she sustained injuries from tripping over a 3/4-inch divot in the grocery store parking lot. In granting summary judgment for the owner, the trial court concluded that the divot did not rise to the level of being an "unreasonably dangerous condition" as a matter of law. The court of appeals reversed. The Supreme Court affirmed, holding that the defect that caused the accident was not unreasonably dangerous as a matter of law. View "United Supermarkets, LLC v. McIntire" on Justia Law

The Supreme Court reversed in part the judgment of the court of appeals reversing in part the trial court's grant of summary judgment for Defendant in this negligence and premises-liability case arising from a fatal construction-site accident, holding that remand was required in light of recent opinion.Plaintiffs sued Defendant for negligence, gross negligence, and premises liability. The trial court granted summary judgment for Defendant. The court of appeals reversed as to the negligence and premises-liability claims. The Supreme Court remanded the case, holding that, in applying the general rule and holding that Plaintiffs' petition could not constitute competent summary-judgment evidence, the court of appeals did not have the benefit of this Court's recent opinions in Regency Field Services, LLC v. Swift Energy Operating, LLC, 622 S.W.3d 807 (Tex. 2021) and Energen Resources Corp. v. Wallace, 642 S.W.3d 502 (Tex. 2022). The Supreme Court remanded this case for further consideration of the instant case in light of Regency and Energen and other subsequently issued opinions providing guidance on the legal issues presented. View "Weekley Homes, LLC v. Paniagua" on Justia Law

The Supreme Court conditionally granted mandamus relief in this challenge to certain discovery rulings in the underlying vehicle-collision lawsuit, holding that the challenged rulings contravened this Court's precedents regarding discovery requests that are overbroad as a matter of law.After the Supreme Court requested a response to the mandamus petition the real parties interest withdrew the challenged discovery requests, thus, they argued, rendering Petitioner's petition moot and depriving the Supreme Court of jurisdiction. The Supreme Court conditionally granted relief, holding that the discovery ordered was overbroad and that the trial court abused its discretion. View "In re Contract Freighters, Inc." on Justia Law

The Supreme Court conditionally granted UPS Ground Freight, Inc.'s petition for writ of mandamus and directed the trial court to vacate a portion of a September 30, 2020 discovery order in this wrongful-death suit, holding that the discovery requests were overbroad and that UPS had no adequate remedy by appeal.In the discovery order at issue, the trial court ordered UPS to product the results of alcohol and drug tests conducted on all current and former drivers at its Irving facility for certain periods preceding a fatal multi-vehicle accident. The Supreme Court agreed with UPS that the discovery requested and compelled by the trial court was insufficiently narrowed and was overly broad in scope. The Court ordered the trial court to vacate the portion of the discovery order compelling production of information and records pertaining to drug-and-alcohol test results for current and former UPS driver who were not parties to the litigation and who were not involved in the accident giving rise to this action. View "In UPS Ground Freight, Inc." on Justia Law