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
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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…
Utility Company Not Liable to Landowner for Injuries Allegedly Caused by Hole from Removal of Utility Pole
By Dane Patrick
The summary judgment personal injury case of AEP Tex. Cent. Co. v. Arredondo, 612 S.W.3d 289 (Tex. 2020) addressed in my previous blog article (previous article) made its way to the Supreme Court of Texas (SCOTX). This case …
Amputee’s Personal Injury Claim Barred by Workers Compensation Exclusive Remedy Defense
By Dane Patrick
An injured employee’s exclusive remedy for injuries sustained on the job is to recover workers compensation benefits, except when the employer intentionally causes the injuries. Berkel & Co. Contractors, Inc. v. Lee, 612 S.W.3d 280 (Tex. 2020). This SCOTX case…
General Contractor’s Breach of Contract Verdict Overturned for Failure to Give Contractual Termination Notice
By Dane Patrick
Introduction. In Chambers County v. Pelco Construction Co., the general contractor unilaterally terminated its contract after the project owner stopped work for 40 days. No. 01-18-00832-CV, 2020 WL 7776078, at *1 (Tex. App.—Houston [1st Dist.] Dec. 31, 2020, no pet.…
Texas Appellate Court Overturns $30+ Million 18 Wheeler Accident Verdict
By Dane Patrick
Introduction. In this rear-end 18 wheeler collision case, the trial court entered judgment in favor of injured motorist Patterson for over $30 million against FTS International Services, LLC and $26 million against FTS employee, Acker. The Appellate Court overturned the…
Concrete Manufacturer’s Multi-Million Dollar Jury Award Reversed by Texas Supreme Court
By Dane Patrick
Introduction. In this case, Valley Builders Supply, Inc., a manufacturer of concrete blocks, sued its competitor, Innovative Block of South Texas, Ltd, for defamation and business disparagement. At the conclusion of the trial, Valley Builders chose only to submit questions…