Introduction. In the Estate of Wlecyk, the trial court found that the Decedent revived his 2001 Will by making a 2016 hand-written notation on the Will that it stands. [No. 01-19-00299-CV; 2021 WL 1537489 (Tex.App.–Houston [1st Dist.] April 20, 2021,
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Court Denies Architects’ and Engineer’s Motion to Dismiss Property Owner’s Construction Defect Lawsuit
By Dane Patrick
Introduction. A property owner must file a certificate of merit with its construction defect lawsuit based upon errors or omissions committed by architects or engineers. The failure to do so as required by Chapter 150 of the Texas Civil Practices…
SCOTX Upholds Jury Verdict Favoring Workers Injured by Live Power Line above Owner’s Property
By Dane Patrick
The Los Compadres case, decided by the Supreme Court of TX (SCOTX), addresses Chapter 95 of the Texas Civil Practices & Remedies Code. This important statute sets the minimum criteria that must be met to hold a property owner liable…
City not Immune from Contractor’s Lawsuit for Unpaid Grading Work
By Dane Patrick
Introduction. Doing business with a governmental entity can be tricky business because of the doctrine of governmental immunity. If this doctrine applies, the governmental entity may escape liability for harm it causes to others. Recently, the City of Carrolton filed…
The Supreme Court of Texas Upholds Trial Court’s Summary Judgment in Favor of Contractor Sued by School District for Installation of Defective Artificial Turf
By Dane Patrick
Introduction. A couple of years ago this blog discussed the construction defect case, Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., in which the Pleasant Grove Independent School District sued its general contractor, Altech, Inc., and the manufacturer, FieldTurf…
TXDOT Contractor Shielded by Statutory Immunity Against Personal Injury Claim arising out of Constructed Overpass
By Dane Patrick
In this case of first impression, the El Paso court of Appeals held that the contractor, who built an overpass under contract with the Texas Department of Transportation (“TXDOT”), was immune from liability for injuries sustained by plaintiff when he…
Texas Court of Appeals Modifies Written Terms of Will after Decedent’s Death
By Dane Patrick
Last Will and testament document with pen
The case of Odom v Coleman shows that all may not be lost if a mistake is made in drafting a will. 615 S.W.3d 613 (Tex. App.—Houston [1st Dist.]…
Homebuyers Waived their Contractual Rights to Complain about Defects in Home they Purchased
By Dane Patrick
As you probably have read or heard in the news, we currently are in a seller’s residential real estate market. There is often a bidding frenzy over a home as soon as it is listed, and buyers frequently waive provisions…
Owner of Vicious Horse Protected from Liability under Texas Farm Animal Act
By Dane Patrick
In Texas, the owner of a farm animal is immune from liability for injuries caused by the animal to third parties if the Farm Animal Act applies, as shown by Lobue v. Hanson, 14-19-00175-CV, 2021 WL 1567731, at *1 (Tex.
Dallas Court of Appeals Upholds $17 Million Verdict in Favor of Decedent’s Estate and Family in Wrongful Death Action
By Dane Patrick
Introduction. In this case, the widow and family of Mr. Deol (deceased) sued a truck driver, Defendant Gregory, and her employer, Defendant New Prime, for negligently causing Deol’s wrongful death, in a multi-vehicle trucking accident. Gregory v. Chohan, 615 S.W.3d…