Texas Injury Lawyers Blog

Published on: September 27, 2017

Dental Malpractice in Texas

A recent Texas dental malpractice decision concerned a plaintiff who sued a dentist for dental malpractice, breach of warranty, medical battery, and other causes of action. She claimed that in 2012, she’d asked her dentist to repair her damaged teeth. He told her she needed full dental implants and tooth extractions. She had a tooth surgery but continued to feel pain and discomfort afterward. Four months afterward, she reported her pain to the dentist. He then removed bone spurs from her mouth.

He also performed a second surgery to replace the implants with lower and upper dentures. After the surgery, he told her that her dentures didn’t fit right and suggested taking more dental impressions. He told her that the original wax impressions of her mouth were accurate, but the resulting dentures didn’t fit right, and he’d need to submit new impressions. He made new impressions, and in the following month, he surgically implanted six mini-implants in her upper mouth and lower mouth.

Later, she still had pain and got an infection. She went to another dentist several months later. He diagnosed her with having infected dental implants, infected root tips, and badly fitting dentures. He removed the dentures and put in temporary ones. A month later, she had a fifth implant surgery, and her tongue was cut, which caused pain for the next eight months. She sued the first dentist for dental malpractice, claiming he’d breached his duty as a health care professional by putting improper dentures into her mouth twice. She asserted his breaches of the standard of care had legally caused her to suffer serious economic, emotional, and physical harm.

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Published on: August 13, 2017

Wrongful Death Arising Out of Texas Medical Malpractice

By Carabin Shaw

The Texas Court of Appeals recently considered a wrongful death claim allegedly arising out of medical malpractice. The plaintiff had filed a survival and wrongful death lawsuit against a hospital, claiming it was negligent and grossly negligent in treating the plaintiff in 2014. The hospital answered, denying all of the allegations included in the plaintiff’s lawsuit.

The plaintiff served an expert report from a nurse on the hospital after that. The hospital moved to dismiss the nurse’s report on the ground that she wasn’t qualified to offer opinions about causation. The plaintiff responded by asking for 30 days to fix the deficiencies in the report. The court sustained the hospital’s objections and granted a 30-day extension to fix the report defects. Trying to fix the deficiencies, the plaintiff served the report of a doctor on the hospital.

The hospital sought to dismiss and objected to the expert reports. It argued that the doctor didn’t explain the necessary ways in which there had been a breach in the professional standard of care and how that caused the injury. It also argued that the doctor’s report simply asserted that the staff had allowed the tracheostomy tube to get dislodged, and there was no detail to support this claim.

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Published on: August 13, 2017

Wrongful Death as a Result of a Texas Fistfight

By Carabin Shaw

In a recent Texas Supreme Court decision, the Court considered a wrongful death that arose from a fistfight. Two cashiers, one of them J.R., worked at a Houston convenience store owned by a gas corporation. Two others also worked there, along with a manager. J.R.’s father had previously worked there, but he had moved on to working as a tollbooth attendant. He’d asked the manager to hire his son. The other cashier also knew the father, who drove him to and from work.

J.R. believed everyone got along until someone asked him if he was having a sexual affair with another man who worked there. J.R. felt harassed and complained. While J.R. was working at the convenience store alone, two customers complained that there was an “out of order” sign on the men’s restroom door. J.R. checked and found that the restroom wasn’t out of order, and he believed that the guy who’d harassed him before was doing it again. He complained about the coworker to his father, who called and told the coworker to stop harassing his son.

On another day when the father took him to work, the coworker came in and began threatening J.R. Things calmed down for the rest of the day, but later the coworker attacked the father and beat him up. The fight ended, but the father couldn’t breathe and had to be taken to the ER. The ER physicians misinterpreted a dark space on the X-ray and found that the left lung had filled with fluid. They tried multiple times to put in a chest tube to drain away the fluid. Eventually, the father’s condition went downhill, and sepsis resulted. He died for multiple reasons, but among the reasons was probably sepsis-caused organ failure.

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Published on: August 13, 2017

Is a Slip and Fall on Scaffolding a Premises Liability Case in Texas?

By Carabin Shaw

In a recent Texas Supreme Court opinion, the Court considered a slip and fall case brought against a scaffolding contractor. The case arose when a pipefitter was scheduled to work overtime at a refinery. For the overtime shift, he worked with a different crew than usual, but all crewmembers were employees. The crew had the job of conducting routine maintenance. The pipefitter’s job was dangerous, and he and others were on a scaffold 15 feet above the ground and received fresh air through special equipment.

The pipefitter slipped on some plywood that wasn’t nailed down, and as a result, he fell up to his arms through a hole in the scaffold and hurt his neck. A contractor hired by the pipefitter’s employer built the scaffold. The contractor was required to follow OSHA regulations and other policies, and it needed to inspect about 3,000 scaffolds at the refinery before and during work shifts and use. The scaffold at issue was inspected a week before the work started, but the contractor’s reps weren’t there on the date of the fall, and they were not there during the three days before it.

The pipefitter sued the contractor, claiming improper construction of the scaffold and failure to warn. The contractor didn’t raise the issue of premises liability. The jury found the contractor negligent. It assigned 51% responsibility to the contractor and 49% to the pipefitter/plaintiff. The damages awarded were $178,000 in future medical expenses only.

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Published on: August 13, 2017

911 Dispatch Error and Wrongful Death Lawsuit in Texas

By Carabin Shaw

In a 2016 Texas Supreme Court case, the Court considered an error in 911 dispatching that resulted in a wrongful death lawsuit.

The case arose from two early morning 911 calls. The calls came from two different numbers but were within 10 minutes of each other and came from the same building. Both asked for help for a drug overdose victim, but the calls were about two different victims. The second call was placed shortly before 3:00 a.m. and concerned the plaintiffs’ child. A 911 dispatcher got information about the emergency and the apartment number and told the caller that the emergency responders were on the way. The call was disconnected.

After the responders got to the building to help the drug overdose victim who was the subject of the first call, they mistakenly determined that the second call was about the same victim. They didn’t go to the plaintiffs’ son’s apartment to help him, and he died shortly before 9:00 a.m.

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Published on: August 13, 2017

Texas Commercial Construction Site Injury Caused by Subcontractor

By Carabin Shaw

In a recent Texas construction case, the court considered injuries arising from the collapse of a crane on a commercial construction site. The issue the appellate court examined was whether the plaintiff was prevented from obtaining damages under common law, due to the Texas Workers’ Compensation Act.

The case arose when the superintendent for the general contractor on a big construction project was injured in connection with the installation of pilings. To install pilings, the crew drilled a hole in the earth and then pumped grout into the hole. A steel rebar cage was dropped into the grout, which hardened around the cage to form a piling. Heavy machinery is used to build the piling. One of the subcontractors had adopted several policies to make sure the pilings were finished safely.

After a piling was completed, the crew had several cubic yards of grout left over, but the grout was insufficient to fully complete another hole. The superintendent of the subcontractor ordered the crew to start another piling. The foreman opposed this plan but agreed to follow it anyway. The superintendent of the subcontractor left, and grout was pumped into a new hole on the assumption that another shipment of grout would be arriving soon. That shipment was delayed, and the grout started to harden. When the grout finally arrived and was mixed into the old grout, the pressure under the old grout built up and caused the augur to shoot up. The cable backlashed, and the augur got stuck.

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Published on: August 13, 2017

Fatal Injuries While Working on a Drilling Rig in Texas

By Carabin Shaw

In a recent Texas work injury case, the court considered a case in which a man was fatally injured while working on a drilling rig that was drilling a well on a lease owned by a company. The survivors of the man sued the company as well as his employer, claiming negligence and premises liability.

The company was the owner or operator of oil and gas leases and had contracted with the man’s employer, a drilling company, to drill a well on its mineral lease. The decedent and other rig hands were rigging up the rig to prepare for drilling. The decedent was working in the cellar, a substructure area of the rig, trying to repair a pipe that worked to vacuum fluid from the cellar.

He and other rig hands used a catline to lift the cellar jet line to make the repairs. While using the catline, it got caught in the cathead, causing the cellar jet line to rise suddenly and hit him in the head. This caused his death.

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Published on: August 13, 2017

Guest Accidentally Shot at Texas Barbecue

By Carabin Shaw

A recent Texas injury case arose when a woman was inadvertently shot by a guest hosted by the defendant. She sued the defendant under theories of negligent activity and premises liability. He moved for summary judgment, and the court granted the motion.

She appealed. First, she argued it was a mistake for the lower court to grant summary judgment on her premises liability theory, since a gun was brought to a place where guests were imbibing alcohol. She believed this was gross negligence. Second, she argued it was a mistake for the lower court to issue a summary judgment on her claim of negligent activity.

The defendant had hosted an evening barbecue, and he’d invited his cousins, among others. The plaintiff was dating one of the cousins, who invited her to the barbecue. One cousin came with a small child, who played with the host’s son inside. The guests were outside drinking beer, but none of them appeared to be drunk.

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Published on: June 15, 2017

Child Injured in Texas Swimming Pool

By Carabin Shaw

In a recent Texas appellate case, a city appealed the denial of its plea to the jurisdiction in a lawsuit involving an injured child. The case arose when a 13-year-old was swimming in the city’s public pool. A 17-year-old was on duty as a lifeguard. The pool had rules prohibiting horseplay, and the pool manager was aware of these rules.

While taking a break from his job, the lifeguard was double bouncing swimmers from the diving board, which meant that two people would stand on the diving board, and one would bounce while the other dove. The pool manager may have been aware of this practice but didn’t object unless the people involved were small children. On the day in question, she didn’t try to stop the lifeguard from double bouncing. When the 13-year-old joined in, he was hurt on his turn. He and the dividing board collided, causing his patella to snap, breaking a small bone, and dislocating his knee. He needed surgery and had to convalesce for six months.

The City argued that it had sovereign immunity from suit except as set forth under the Tort Claims Act. The law allows for a governmental unit to be liable for an injury legally caused by a wrongful act or omission of an employee acting within his scope of employment. There can also be governmental liability for misuse by employees of tangible personal property. However, landowner liability is limited when the landowner lets his land be used for recreation under Texas Civ. Practice & Remedies Code section 75.002.

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Published on: June 15, 2017

Wrongful Death Due to Defective Truck Tire in Texas

By Carabin Shaw

A recent Texas appellate case concerns a cement truck crash that resulted in the driver’s death. The plaintiffs in the case argued that the crash was due to a failure of the front tire on the truck. They sued the tire manufacturer as well as the company that owned the cement truck.

During discovery, they asked the manufacturer to produce certain tire building machines that were used to put the liner and steel belts into the tires. The manufacturer objected and argued, among other things, that it asked for data that was confidential or a trade secret.

The plaintiffs moved to compel production of the tire building machines in order to compel discovery filed by Goodyear. The manufacturer responded with its manager’s declaration that the tires in question had stopped being produced in 2010 and that none of the tires now being produced had the same specs as the subject tire.

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