In the recent appellate case of United Parcel Service, Inc. v. Rankin, the plaintiff and his family sued UPS and one of its drivers. The case arose when the driver parked his UPS vehicle in front of a house to make a delivery on his normal route. He intended to…
In Sinclair v. Estate of Ramirez, the defendant appealed in connection with a verdict entered in favor of a decedent’s estate and his wife in a wrongful death case. The case arose when the decedent finished his welding job and drank 14-18 beers with his coworkers. He and two coworkers…
In Nexion Health at Garland, Inc. v. Townsend, a 69-year-old Texas woman was admitted to a rehabilitation center after a back surgery. The center assessed her as a high fall risk with good potential for rehabilitation, and two people were required to assist with transfers. She was found to have…
In Maldonado v. Sumeer Homes, the plaintiff appealed from three summary judgments in a personal injury action. The case arose from injuries the plaintiff suffered while working as a sheetrock installer on stilts during Sumeer Homes’ construction of a home. He tripped and fell on a stack of sheetrock. The…
In Joyce Steel Erection, Ltd. v. Bonner, a Texas appellate court considered a plaintiff who was pinned by an extremely heavy concrete tilt wall at a construction site. He suffered serious injuries and needed numerous expensive surgeries. He sued Joyce Steel Erection, Ltd., Caruthers Construction, and Self Concrete, Inc. Joyce…
In University of Texas Health Science Center at Houston v. Cheatham, the appellate court considered the dismissal of a plaintiff’s health care liability claim based on immunity. The plaintiff had received a partial left heart bypass surgery by two employee doctors at the Health Science Center in 2008. Nurses helped doctors…
Diamond Offshore Services Limited v. Williams is a Jones Act case that arose when the plaintiff injured his back while trying to fix machinery on an offshore oil rig operated by a Texas defendant in Egypt. The plaintiff was a mechanic who had worked for the defendant two different times and…
In Northcutt v. City of Hearne, the appellate court considered governmental immunity in the context of a motorcycle accident resulting in the death of a motorcyclist. The motorcyclist was traveling northbound on Highway 79. A police officer had hidden on a driveway with his lights off to set up a…
In the recent case of University of Texas at Arlington v. Sandra Williams, the Texas Supreme Court considered whether the recreational use statute applies to those watching sports matches. The statute (Texas Civil Practice & Remedies Code section 75.001) protects landowners from run-of-the-mill negligence claims when they allow their property to…
Buses are common carriers. If you are injured in a bus crash, you should be aware that usually their duty is higher to passengers than drivers of other vehicles. Although the duty is higher, liability is not automatic. In Mackey v. Midland-Odessa Transit, the defendant was a governmental entity that…