Texas Injury Lawyers Blog

Published on: April 4, 2017

Recovering Compensation as a Passenger in a Texas Car Accident

In a recent Texas appellate case, a woman sued her daughter and the defendant for a car accident that happened in 2010. The case arose when the defendant’s pickup hit the front of the daughter’s pickup on the street near the boyfriend’s house. The plaintiff and her daughter’s son were in the daughter’s pickup as passengers.

The defendant had backed out of his driveway and gone halfway down the block when the daughter’s pickup hit his truck from behind. He later testified he hadn’t put his truck in reverse during the trip after backing out of the driveway and wasn’t on his phone.

The daughter claimed that after turning left onto the street where the accident happened, she saw the defendant’s truck driving down the street. He stopped, reversed, and backed up. The daughter put her car in park and honked.

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Published on: April 4, 2017

Motorcycle Accident Caused by Texas Police Officer

By Carabin Shaw

In a recent Texas appellate case, the plaintiff sued the City of Houston after one of its police officers hit his motorcycle. The officer was in a parked police car in 2009 when he heard a radio broadcast from another officer, stating that there was a motorcyclist who was driving recklessly and standing up on the motorcycle while speeding. The first officer radioed that he would try to help the first officer. While going to assist, the first officer saw the plaintiff’s car leave a parking lot and turn onto the road in front of him. As the officer came up to him, he changed lanes to the left lane and then changed back, coming to a stop in front of the police officer. The officer hit the motorcycle while trying to go around him.

The plaintiff sued for personal injuries. The City argued that it was entitled to government immunity, based on the Texas Tort Claims Act. The plea to the jurisdiction was granted, and the plaintiff appealed. The parties didn’t disagree on appeal that the officer was in the course and scope of his job when he answered the radio call for help. The appellate court determined that the officer was engaged in a discretionary function at the time of the accident, but the defendant hadn’t established the officer was acting in good faith. The claim that the officer was responding to a call about a motorcyclist fleeing from the police was not grounded in evidence. The radio transcripts showed that the dispatcher had asked for help with a motorcyclist driving recklessly.

The appellate court explained that the defendant had to show good faith by proving a reasonably prudent officer could conclude that the need for a response to the recklessly driving motorcyclist outweighed the risk to the public by the police officer speeding. It determined that based on the record, the defendant hadn’t established the officer’s good faith, since the motorcyclist wasn’t fleeing arrest.

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Published on: April 4, 2017

Proof of Damages Arising Out of Texas Car Accident

By Carabin Shaw

In a recent Texas appellate case, a plaintiff appealed the denial of her motion for a new trial after an adverse jury verdict. The plaintiff was a lawyer who was hurt in a car accident when her car was hit by the defendant’s car.

The plaintiff’s body and head were jerked forward, but the seatbelt held her back. She didn’t think she was hurt and continued her daily activities. Later in the day, she got a headache, and a doctor at an ER saw her. Since her primary complaints were a cough and back pain, she was diagnosed with an infection and back strain and prescribed pain meds.

Three weeks later, she saw a chiropractor. At the first visit, she completed a questionnaire showing she didn’t feel pain immediately after an accident. At the time of her visit, she had numerous pains, breathing difficulties, and headaches, and she was diagnosed with various types of sprains or strains. She was treated by the chiropractor for three months and referred for an MRI. Her knee didn’t show structural damage.

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Published on: January 31, 2017

No Contributory Negligence in Texas Truck Accident Lawsuit

By Carabin Shaw

In Hospadales v. McCoy, the defendants appealed a judgment in a truck accident case that awarded the plaintiff damages in the amount of $292,000 for past pain and suffering, past medical expenses, and past lost earning capacity. Among other things, they argued the evidence was insufficient not only to show causation but also to support the jury’s damages award and finding that the plaintiff was not contributorily negligent.

The plaintiff worked to transport cars from one location to another location, using a 30-foot trailer pulled by a pickup. He and his wife were driving on I-45 to pick up a car when the defendant was driving an armored truck for his employer. The armored truck had data that included the speed and movements of the truck, as well as a system to record data related to the plaintiff’s operation of the vehicle.

A video from the armored truck showed the armored truck driver was driving behind the plaintiff in the same lane, then switched lanes, and went faster, trying to pass on the left of the plaintiff. The left side of the armored truck driver’s truck and trailer were directly on the white dividing line between lanes, although it didn’t cross.

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Published on: January 31, 2017

Lack of Service of a Texas Premises Liability Complaint

By Carabin Shaw

It is important to retain an attorney who is diligent about making sure a defendant is served with your complaint. In Oyejobi v. Dollar Tree Stores, a Texas plaintiff slipped and fell in a Dollar Tree Store. Two years later to the day, he sued Dollar Tree, alleging personal injuries and asking for citation and service. Several months later, however, the trial court issued a notice that it would dismiss for lack of prosecution. The citation was issued a few days later, and Dollar Tree was served just under a month later.

Dollar Tree answered the complaint but claimed the case was barred by the statute of limitations. It filed a motion for summary judgment on that basis, arguing that it met its burden to show that it was only served with the complaint after the expiration of the limitations period and that the plaintiff had failed to use diligence to make sure that service was effected.

The plaintiff responded, arguing that his actions to make sure service was effected raised a factual issue as to his diligence. The trial court granted the summary judgment motion, and the plaintiff asked for it to reconsider. The court denied the motion, and the plaintiff appealed.

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Published on: January 31, 2017

Texas Parents Bring a Wrongful Death Case After Daughter Drowns

By Carabin Shaw

In Tarrant Regional Water District v. Johnson, a Texas Court of Appeals addressed a case in which the parents’ 19-year-old daughter drowned in the Trinity River while trying to walk across Trinity Park Dam to get to her job interview. The dam had a kayak chute in the middle, through which the river passed. The parents sued the Tarrant Regional Water District after her death because it operates the kayak chutes and other structures on the river where she drowned.

They brought claims under the Texas Tort Claims Act, claiming that she’d been killed due to a premises defect or a special defect. They also claimed the District was liable under the Texas Tort Claims Act for negligence because its employee had used personal property or provided their daughter with inadequate personal property, and the District was acting either with malicious intent or with gross negligence. They sued for wrongful death and survival causes of action.

The District filed a plea to the jurisdiction, claiming its sovereign immunity hadn’t been waived under the Texas Tort Claims Act because (1) the parents didn’t specify the personal property misused, (2) the premises were not a special defect as a matter of law, and (3) even if the parents alleged a premises defect for which the District’s immunity was waived, its decisions about the design of the dam and its safety features, including warnings, were discretionary. They also argued that the parents hadn’t identified the defect that created an unreasonable hazard, and even if they did, there was no evidence it caused their daughter’s death. They also argued that they had provided warnings, and the kayak chute was an open and obvious danger. The plea to the jurisdiction was denied.

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Published on: January 31, 2017

Subcontractor Fall from a Forklift in Texas

By Carabin Shaw

In 4Front Engineered Solutions, Inc. v. Rosales, a Texas appellate court considered a case in which a subcontractor sued a property owner after suffering injuries while working with a contractor on the property. The safety manager of a distribution warehouse owned by 4Front contracted with an electrician to repair a sign above the entrance. The electrician had previously done work for 4Front without a problem, using equipment borrowed from 4Front. This time, he subcontracted with the plaintiff, also an electrician, to help him.

The electrician would later testify that when the safety manager asked him to repair the sign, he’d asked to use a scissors lift he’d used on prior occasions, and the safety manager agreed. However, when the electrician and the plaintiff arrived, the safety manager said that it wasn’t available and that he could use a stand-up forklift to do the job. The electrician answered that he could operate the forklift, but slowly.

The electrician and the plaintiff worked for three to four hours one day, and then they came back after a two-day absence to finish the work. The electrician operated the forklift with the plaintiff standing in a man basket attached to the forklift. While the plaintiff was up by the sign on the second morning, the electrician drove the lift off the edge of the sidewalk, and the lift toppled. The plaintiff fell and was badly hurt.

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Published on: January 31, 2017

Premises Liability Claim by a Framing Subcontractor in Texas

By Carabin Shaw

In Alonso v. Westin Homes Corporation, a Texas appellate court considered whether summary judgment was proper in a premises liability case. The case arose when a framer was working on homes being constructed by Westin Homes Corporation and related companies. He didn’t have a written agreement either with the company’s framing contractor or the framing contractor’s subcontractor, for which he worked directly. The framing contractor was doing its work under an independent contractor agreement.

While on the job, the framer fell and hurt his arm. He’d been putting together plywood to create the flooring for the second floor and stepped on a weak spot that broke and resulted in his fall. He’d been using a saw that was modified by the framing subcontractor so that the safety cover wouldn’t engage. When he fell, the framer tried to throw the saw away, but he inadvertently engaged it so that the blade was spinning as he fell. He landed on the saw and sliced his arm, suffering severe lacerations and nerve damage.

The framer sued Westin, claiming negligence, negligence per se, gross negligence, and premises liability. The defendant filed a motion for summary judgment, arguing there was no evidence it had been negligent per se or grossly negligent. It also claimed it didn’t have control over how the work was done and didn’t actually know of the dangerous condition that caused the framer’s nerve damage.

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Published on: December 14, 2016

Future Medical Care Damages in Texas

By Carabin Shaw

In Aguirre v. Soto, the court considered whether the evidence was legally and factually sufficient to support an award of $40,000 to the plaintiff for future medical expenses after a car accident. The case arose when the defendant, driving a pickup, ran a stop sign and crashed into a car driven by the plaintiff. The plaintiff didn’t get medical treatment at the scene but went to the doctor after suffering pain in his lower back, shoulders, and neck. The plaintiff sued the defendant, and the defendant agreed he was liable, so the issue at trial was damages.

At trial, pictures of damaged vehicles were introduced into evidence. The plaintiff testified he hadn’t had pain before the crash, but after the accident, his pain was eight out of 10. He went to a chiropractor, who treated him for about a month and then wrote a report saying no further treatment was necessary. However, the report showed he still had ongoing pain, and the plaintiff testified that his pain was at an eight when he stopped getting treated. He tried to get medical treatment, and an MRI showed he had a disc herniation.

A doctor prepared a report that summarized his status, stating that he might need more diagnostics and further rehabilitative care, and eventually referred him to an anesthesiologist, who recommended injections. The plaintiff tried not to undergo injections for fear of potential paralysis and was then referred to a neurosurgeon, who recommended a surgical procedure.

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Published on: December 14, 2016

Visitor’s Slip and Fall at a Texas Hospital

By Carabin Shaw

In Texas and many other states, property owners owe different duties of care to different visitors to their property, based on the reason for the visit. The highest duty of care is owed to invitees, who are people who enter the property for mutual economic advantage. For example, a shopper at a retail store is an invitee of the retail store. A lesser duty is owed to a licensee—a person who enters the property for his or her own benefit.

In Burch v. Texas Health Presbyterian Hospital Dallas, the plaintiff appealed from a summary judgment motion dismissing her personal injury lawsuit against a hospital. The case arose while a daughter was visiting her mother, who was being treated at the defendant’s hospital.

While there, she slipped and fell in a puddle in front of the elevator bank. She sued for negligence. In her complaint, she described herself as a “licensee” of the hospital. She also pled that the defendant owed her a duty to use ordinary care in connection to dangerous conditions of which it was aware, but she wasn’t. She asked for $450,000 in damages, which included her pain and suffering and medical expenses.

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