In Freer Volunteer Fire Department v. Wallace, a Texas appellate court considered a sovereign immunity case. The case arose when an ambulance driver was driving a man who was suspected to be having a heart attack to the hospital in an ambulance owned by the Freer Volunteer Fire Department. The…
Texas Injury Lawyers Blog
Is a Gap Between the Cattle Guard and the Road a Special Defect in Texas?
Gonzalez v. Bandera County arose when the plaintiff was thrown from his motorcycle on a Texas public road while crossing a cattle guard in 2013. While crossing the cattle guard, which was maintained by Bandera County, he lost control of the vehicle and crashed. The plaintiff filed suit against the…
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…
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,…
Eggshell-Skull Rule in Texas Car Accidents
In Pattillo v. Franco, the plaintiff sued the defendant for damages sustained in a car accident. The jury didn’t award damages, and the plaintiff argued on appeal that the trial court had made a mistake in refusing to submit requested instructions regarding the eggshell-skull rule and circumstantial evidence. The case arose in…
Duty in a Work Injury Case in Texas
In Kalinchuk v. JP Sanchez Construction Co., a Texas plaintiff appealed summary judgment in favor of the defendant, a construction company. The case arose when a city hired a construction company to renovate one of its baseball fields. The city asked the construction company to move bleachers during the renovation,…
Injury Caused by Restraining a Dog in a Texas Car Accident
In Ingels v. Earnest, a plaintiff appealed a judgment that awarded her nothing in a personal injury lawsuit. The case arose when the plaintiff stopped on the freeway because of road construction. She was rear-ended by the defendant. However, neither of the drivers felt they needed help from the police…
Wrongful Death, EMTALA, and Sovereign Immunity in Texas
Bansal v. University of Texas MD Anderson Cancer Center is a wrongful death and survival action that arose out of the death of a stage IV colon cancer patient. The decedent was brought into the cancer center at the University of Texas with various symptoms, and he died a week…
TIRE DEFECTS LINKED TO MORE AND MORE TRAGIC ACCIDENTS
TIRE DEFECTS LINKED TO MORE AND MORE TRAGIC ACCIDENTS Call our Law Firm for more information at 1-800-862-1260. The sudden separation of the outermost tread from the main body of the tire causes a rapid decrease in tire pressure or a blowout. Either situation can send the vehicle out of…
Negligent Entrustment in Texas
In Gonzalez v. Villafana, the plaintiff sued the defendants for damages suffered in a car crash with a car operated by Nestor Villafana but owned by Ramon Walle. The case arose when Walle, a muffler shop owner, visited a friend at his tire shop, hoping to talk about buying some…