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Articles Posted in Wrongful Death

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When Is a Certificate of Merit Required in a Wrongful Death Claim Against a Texas Engineering Firm?

In Jacobs Engineering Group, Inc. v. Elsey, two engineering companies appealed the trial court’s denial of a motion to dismiss the plaintiffs’ wrongful death lawsuit. Their argument was that the plaintiffs had failed to file a certificate of merit as required by section 150.002 of the Texas Civil Practices and…

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Causation and Expert Reports in a Texas Medical Malpractice Lawsuit

In JSC Lake Highlands Operations, LP v. Miller, a Texas appellate court considered causation in a wrongful death case. The case arose when a woman was discharged from the hospital and admitted to JSC (the defendant’s facility) for rehabilitation. The following month, she received a phone call from her daughter,…

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Statute of Limitations in Texas Minor’s Wrongful Death

In Durham v. Children’s Medical Center of Dallas, a Texas appellate court considered whether the Texas Constitution’s Open Courts Clause stopped the statute of limitations from running in a deceased 12-year-old’s survival and wrongful death claims against her health care providers. The case arose from the medical care of the…

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Liability of a Texas Property Owner to an Independent Contractor’s Employee

In Oiltanking Houston, LP v. Delgado, an employee of an independent contractor hired to work on a pipe by Oiltanking died in an explosion. He was welding a flange on a 24-inch pipe used to transport crude oil. Hydrocarbon fumes ignited, and an explosion occurred, killing the employee and injuring…

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Limits of Vicarious Liability in Texas

In Painter v. Sandridge Energy, Inc., a Texas appellate court considered the death of two oil field employees and injuries to a third oil field employee. The workers were doing drilling on behalf of their employer, Amerimex. Amerimex was hired by Sandridge, which had a lease to drill wells at a…

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Suing a Surgeon for Medical Malpractice and Wrongful Death in Texas

In Pisharodi v. Saldana, a Texas appellate court considered a medical malpractice case arising out of a 54-year-old woman’s death. The lawsuit was brought by the woman’s surviving children against the woman’s neurosurgeon. The neurosurgeon had treated the pain suffered by the woman in her lower back. He prescribed physical…

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