Justia Injury Law Opinion Summaries

The Supreme Court reversed the judgment of the court of appeals holding that a fact issue existed as to whether a general contractor on a construction project owed a duty of care to its independent contractor's employee who was injured on the job, holding that no genuine issue of material fact existed regarding the existence of a duty.The trial court entered judgment in favor of the general contractor, concluding that there was no evidence to support the negligence elements of duty, breach, and causation. The court of appeals reversed as to the negligence claim, concluding that a fact issue existed regarding whether the contractor exercised actual control and thus owed the employee a duty, whether the contractor breached that duty, and whether the contractor's breach proximately caused the employee's injuries. The Supreme Court reversed, holding that the contractor owed the employee no duty as a matter of law. View "JLB Builders, LLC v. Hernandez" on Justia Law

In this insurance dispute, the Supreme Court denied a writ of mandamus compelling the trial court to render judgment in favor of Insurer on the jury's verdict, holding that the trial court did not abuse its discretion in declining to render judgment on the verdict.Insured sought underinsured motorist (UIM) benefits from Insurer. Insurer in this case declined to participate in a jury trial to establish the at-fault motorist's liability and demanded a separate trial on its liability under the UIM policy. Before trial on the UIM claim, the court commenced a jury trial on Insured's negligence claim against the at-fault motorist. The parties settled and the claim was dismissed without rendition of judgment on the jury's verdict. Insurer then argued that a separate trial on the UIM claim was no longer necessary because of the jury's findings and the settlement payment. The trial court denied Insurer's motion for judgment based on the jury verdict from the negligence trial. Insurer sought mandamus relief. The Supreme Court denied relief, holding (1) collateral estoppel did not bind Insured to a verdict that was not reduced to judgment; and (2) Insurer's post-dismissal consent to be bound by the negligence suit's outcome did not make the negligence verdict enforceable against Insured in the contract suit. View "In re USAA General Indemnity Co." on Justia Law

The Supreme Court conditionally granted a petition for a writ of mandamus directing the trial court to vacate its order granting a motion to strike a counteraffidavit served under Tex. Civ. Prac. & Rem. Code 18.001 and precluding the offering party from contesting the reasonableness of the subject medical expenses at trial, holding that the trial court abused its discretion.In granting the motion to strike, the trial court concluded that the counteraffidavit failed to comply with the requirements of section 18.001. The court then prohibited the offering party from testifying regarding the reasonableness and necessity of the medical bills. Petitioner petitioned the Supreme Court for a writ of mandamus. The Supreme Court conditionally granted relief, holding that the trial court erred by striking the counteraffidavit and by granting relief that found no legal basis in section 18.001 for the purported failure to comply with the statute. View "In re Allstate Indemnity Co." on Justia Law

The Supreme Court reversed in part the judgment of the court of appeals in this premises liability case, holding that volunteers working in a third-party vendor's booth at a festival were licensees and not invitees of the landowner.Plaintiffs were the parents of four teenage volunteers at the San Lorenzo Church's annual festival. The teenagers were injured when a fire broke out in the interior of the booth they were working in. The trial court rendered a take-nothing judgment on the jury's verdict failing to find that the Church negligently caused the volunteers' injury or that the Church controlled the injury-causing activity. The court of appeals reversed, holding that the volunteers were the Church's invitees as a matter of law and that the verdict for the Church was against the preponderance of the evidence. The Supreme Court reversed, holding (1) the volunteers were licensees of the Church rather than invitees; and (2) Plaintiffs did not show either that the evidence conclusively established that the Church breached its duty to the volunteers as licensees or that the trial court otherwise committed reversible error. View "Catholic Diocese of El Paso v. Porter" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court granting summary judgment for Defendant in this workers' compensation case, holding that Plaintiff qualified as Defendants' employee under the Workers' Compensation Act, and therefore, the Act's exclusive remedy provision barred Plaintiff's claims.Plaintiff was an employee of a temporary staffing agency when he was injured while on assignment to a client of the agency. The staffing agency provided workers' compensation benefits. Plaintiff then sued Defendant, the client for whom he performed the work, alleging common-law negligence. The trial court granted summary judgment in favor of Defendant. The court of appeals reversed. The Supreme Court reversed, holding that summary judgment for Defendant was appropriate. View "Waste Management of Texas, Inc. v. Stevenson" on Justia Law

In this products liability action, the Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the trial court against Petitioners, holding that legally sufficient evidence supported the jury's design-defect findings and that the trial court's jury instructions did not cause an improper verdict.An electric terminal manufacturer made two terminals for essentially the same cost, but the older of the two designs was more susceptible to failure. A corporate affiliate of the terminal maker decided to use the older product in manufacturing new air conditioning compressors. When an experienced HVAC technician purchased and installed a compressor containing the older terminal design, the compressor became overheated and the terminal emitted scalding pressurized fluids that ignited and covered the technician. The technician, who received serious burns, brought this action. The jury found that the older terminal design was unreasonably dangerous and that both the design and the failure warn caused the technician's injuries. The court rendered judgment on the jury's verdict. The Supreme Court affirmed, holding that there was no error in the proceedings below. View "Emerson Electric Co. v. Johnson" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals finding a property owner liable for injuries the employees of its contractor sustained while working on the property, holding that the employees established their claim.A jury found the property owner under both premises-liability and ordinary-negligence theories. The court of appeals affirmed the trial court's judgment in favor of the employees. On appeal, the property owner argued that the employees failed to submit legally sufficient evidence and failed to obtain the findings necessary to establish liability under chapter 95 of the Texas Civil Practice and Remedies Code. The Supreme Court affirmed, holding (1) chapter 95 applied to the employees' negligence claims; and (2) the evidence and jury findings supported the judgment against the property owner. View "Los Compadres Pescadores, LLC v. Valdez" on Justia Law

The Supreme Court conditionally granted the petition for a writ of mandamus filed by Gilberto Gonzales challenging a trial court order allowing Houston Distributing Company to designate an unknown person as a responsible third party, holding that Gonzales was entitled to relief.Gonzales sued Houston Distributing, alleging that it negligently caused an automobile accident. One hundred and thirty-five days after filing its answer, Houston Distributing filed a motion for leave to designate an unknown person as a responsible third party. The trial court granted the motion. Gonzales petitioned the Supreme Court for relief, challenging the order. The Supreme Court conditionally granted relief and directed the trial court to vacate its order granting Houston Distributing's motion to designate "John Doe" as an unknown responsible third party, holding that the trial court failed properly to apply Tex. Civ. Proc. & Rem. Code 33.004 and abused its discretion by granting Houston Distributing's motion for leave to designate John Doe as an unknown responsible third party. View "In re Gilberto Gonzales" on Justia Law

In this negligence action, the Supreme Court vacated the default judgment entered by the trial court in favor of Plaintiff after Defendants failed timely to file an answer or otherwise appear, holding that the substitute service in this case did not strictly comply with the order permitting such service.More than thirty days after the trial court's default judgment entry, Defendants filed a restricted appeal asserting that Plaintiff had failed properly to serve them with process. The court of appeals affirmed, holding that a discrepancy between the address at which the trial court authorized substitute service and the address where the process server actually sent substitute service did not invalidate service or the default judgment. The Supreme Court vacated the default judgment, holding that substitute service did not strictly comply with the trial court's order. View "Spanton v. Bellah" on Justia Law

In this personal injury case, the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing in part the trial court's summary judgments in favor of an electric utility and its independent contractor, holding that fact issues precluded summary judgment in favor of the contractor.Plaintiff sued the utility and its contractor (collectively, Defendants) for negligence, negligence per se, and gross negligence. The trial court granted summary judgment for Defendants. The court of appeals reversed the summary judgment as to the negligence claim against the independent contractor and as to all claims against the utility and remanded for further proceedings. The Supreme Court affirmed in part and reversed in part, holding (1) a genuine issue of material fact existed as to whether the contractor breached a duty of care; but (2) because the utility owed no duty with respect to the independent contractor's work, the court of appeals erred in reversing summary judgment as to Plaintiff's claims against the utility. View "AEP Texas Central Co. v. Arredondo" on Justia Law