In Gibbons v. Luby’s, Inc., the plaintiff suffered anaphylaxis at a Texas restaurant after eating a salmon croquette that she did not know contained whitefish, to which she was allergic. After she started eating, her throat became scratchy, and her face turned red. A restaurant employee told her that the…
In Reyes v. Memorial Hermann Health, a plaintiff appealed from the dismissal of her personal injury claims against the defendant. The case was dismissed because she failed to timely file an expert report under section 74.351 of the Texas Medical Liability Act (TMLA). The case arose when a woman slipped…
In Dabbs v. Calderon, a Texas Court of Appeals considered a case in which the defendant ran a red light and crashed into two cars. One of the passengers in one of the struck cars was pinned inside the car. When he was freed by emergency personnel, they found his leg…
In Kroger Company v. Milanes, an employer that didn’t subscribe to workers’ compensation appealed from a final judgment in favor of its employee. The employee suffered serious injuries while cutting meat. On appeal, the employer raised multiple arguments, including the argument that the trial court had erred in submitting the…
In Lopez v. Wildcat Cranes, a welder on a demolition project was injured. The welder was cutting a large steel beam, weighing thousands of pounds, which was located 25 feet above the surface of the roof, and removing it from the ceiling structure. The welder used a scissor lift to reach…
In Brown and Gay Engineering, Inc. v. Zuleima Olivares, the Texas Supreme Court decided an important issue related to sovereign immunity in personal injury lawsuits. The case arose when a drunk driver entered the exit ramp of Westpark Tollway and drove east in the westbound lanes for eight miles before…
In Cady v. Cargile, a Texas appellate court considered a tractor-trailer crash. The decedent was visiting a friend’s house and borrowed his pickup. Two miles away, he crashed into a tractor-trailer that was stuck, blocking all lanes of traffic, and he died. His mother sued the driver of the tractor-trailer…
The Texas Supreme Court recently decided Genie Industries, Inc. v. Ricky Matak, a product liability case. In Texas, manufacturers are not liable for design defects unless there is a safer alternative design and the defect makes the product unreasonably dangerous such that its risks outweigh its usefulness. The case arose…
In some Texas personal injury cases, it is difficult to know which theory of recovery to pursue. In Pilgrim’s Pride Corporation v. Mansfield, a manufacturer appealed from a judgment in a product liability case that on the surface might have looked like a slip and fall. A jury had found that the…
If you are suing a governmental employee for personal injuries but are not sure if he or she was acting in an official capacity at the time of injury, you should be aware of election of remedies under the Texas Tort Claims Act (TTCA). In Molina v. Alvarado, a Texas…