In the 2016 case of Rayner v. Dillon, a Texas Court of Appeals considered a truck accident case involving the long-haul driver of a tractor-trailer rig who had years of gaps and mistakes in his required driving logs. The driver had 30 years of experience as of the date of…
Texas Injury Lawyers Blog
Inconsistent Testimony Leads to Texas Personal Injury Plaintiff’s Loss
In Imamovic v. Milstead, a Texas appellate court considered a rear-ending case in which the jury awarded zero damages. The case arose when the 42-year-old plaintiff was working as a vehicle-for-hire inspector for a city, traveling around the city to inspect cabs, limos, and buses. While she was stopped in…
Designation of a Responsible Third Party in Texas Wrongful Death Lawsuit
In re CVR Energy, Inc. is a 2016 Texas wrongful death case in which the defendants tried to designate a former codefendant as a responsible third party. Two men, Billy Smith and Russell Mann, were killed in a refinery explosion while they were trying to restart the pilot light in…
Jones Act Claims in Texas
Seamen injured on the job are not entitled to file workers’ compensation claims. Under the federal Jones Act, they have the right to sue their employer for personal injury damages. The burden for proving that a defendant’s negligence was the legal cause of a plaintiff’s injuries is lower, however, than it…
Wrongful Death as a Result of a Flooded River in Texas
In Walker v. UME, Inc., a Texas Court of Appeals considered a case in which the trial court had entered summary judgment in favor of the defendants in a wrongful death case. The case arose in 2010, when two couples, the Walkers and the Johnsons, drove to Camp Huaco Springs…
Negligent Servicing Claim in Texas
In Iacono v. Stanley Black & Decker, a Texas product liability plaintiff appealed from a summary judgment motion brought by the defendant manufacturer. The case arose from injuries sustained in connection with the defendants’ automatic sliding glass doors at a hotel. The doors operate by using a controller. Three sensors…
Texas Bicycle Accident Caused by a Dog
In Ochoa-Cronfel v. Murray, a Texas appellate court considered a personal injury case in which the plaintiff was hurt after the defendant’s dog ran into his bicycle. The case arose when the plaintiff was biking in his neighborhood. The defendant was walking his dog and put the dog’s leash under…
Statute of Limitations and Service of Process in Texas Personal Injury Cases
In Shaw v. Lynch, a police sergeant alleged that he’d responded to a report that the defendant was recklessly driving an ATV through the neighborhood. He came to the scene, and then the defendant gunned the engine of the ATV and purposefully drove the ATV over the police sergeant. The…
Tractor-Trailer Accident in Texas
In CMH Set and Finish, Inc. v. Taylor, a defendant appealed a Texas court’s judgment in favor of the plaintiff on personal injury and property damage claims. The defendant was a parent corporation of multiple entities, one of which manufactured cabinets. It owned a warehouse where lumber was cut to match…
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…