The separation of powers doctrine is central to our democracy. Unfortunately, however, the application of the doctrine can mean that some Texas personal injury cases cannot be resolved by the courts because they concern unreviewable decisions made by the executive and legislative branches. In a recent case against a military…
Recently, a state appellate court issued an opinion in a Texas truck accident case discussing an important issue regarding what constitutes inappropriate comments with respect to a plaintiff’s ethnicity or immigration status. The case required the court to determine if the plaintiff should be granted a new trial after defense counsel…
In a recent Texas bus accident decision, the court considered the parents’ claim that a school district had caused their son’s death. The son, who was disabled, started going to school in the district at age three. The district picked him up in a bus used to pick up disabled…
In a recent Texas premises liability case, the plaintiff was a member of a country club that had a golf course. He also owned an associated condo unit. The 16th hole of the gold course had an elevated green, around which were cliffs. While playing that hole, the plaintiff tripped,…
In a recent Texas car crash decision, the plaintiff claimed she was hit by a car while using the crosswalk by a courthouse. The traffic light was flashing a walk signal when she started crossing, but the intersection light also gave drivers a protected left turn across the crosswalk with…
In a recent Texas train accident case, the plaintiffs appealed a summary judgment granted in favor of a railroad company and a corporation. The railroad company claimed that the plaintiff driver had caused a crash with its train by failing to yield the right of way at an intersection of…
A recent Texas injury case arose when a woman was inadvertently shot by a guest hosted by the defendant. She sued the defendant under theories of negligent activity and premises liability. He moved for summary judgment, and the court granted the motion. She appealed. First, she argued it was a…
In a recent Texas appellate case, four people sued the City of Austin under the Texas Tort Claims Act and the recreational use statute. The case arose when a man driving under the influence drove off the street, jumped a curb, and drove onto a hiking and biking trail next…
In a recent Texas appellate case, the plaintiff argued that the lower court should not have granted a county’s plea to the jurisdiction. The case arose when the Deputy Constable for the county used his Glock to shoot and injure the plaintiff. When he applied for the job, the Deputy…
Under Tex. Civ. Prac. & Rem. Code §§ 33.001-33.017, a defendant in a personal injury lawsuit in Texas can designate anyone who is alleged to have caused or contributed to injuries as a responsible third party. In Re Bustamante considered whether a trial court had appropriately denied a motion for leave to…