| Car Wreck Litigation and Other Automobile Related Law Suits Recent Cases from Houston Courts of Appeals Houston Opinions |
| LEGAL TERMs: Personal injury (PI) suits | negligence | negligence per se | negligent entrustment | respondeat superior doctrine | automobile collision | collision with animals | unavoidable accident instruction to the jury | sudden emergency instruction | personal injury damages | INSURANCE LITIGATION, COVERAGE DISPUTES automobile insurance coverage | UIM policy disputes | Walker v. Rangel (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3, 2009)(Seymore) (A jury found Rangel’s negligence did not proximately cause the accident. Walker now appeals, contending the trial court erred in admitting opinion testimony of Senior Police Officer Daryl Woods of the Houston Police Department and Rangel’s accident reconstruction expert, Dale King. After a thorough review of the appellate record, we conclude the trial court erroneously admitted testimony) (harm analysis re admission/exclusion of evidence) REVERSED AND REMANDED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00643-CV Juanita Walker v. April Rangel Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Demby v. Rivers (pdf)(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack) (jury's verdict awarding appellee damages for personal injuries he sustained as a result of the collision. evidence is legally and factually sufficient to support the damage award as to loss of physical capacity) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00965-CV Yanetta Demby v. Lamachus Rivers Appeal from 125th District Court of Harris County Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Subst op. by Bland) (wrongful death, collision with dump truck, independent contractor, no right to control, no vicarious liability) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) (fatal car wreck, negligent entrustment claim) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00572-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. G & H Towing Company Appeal from Probate Court No 1 of Harris County Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) AFFIRM TC JUDGMENT: Opinion by Justice Sam Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00837-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. William C. Colson Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Benavente v. Granger (Tex.App.- Houston [1st Dist.] Oct. 23, 2009)(Radack) (rear-end automobile collision, negligence not established, take-nothing judgment affirmed, appeal on partial reporter's record) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-00227-CV Maricella Benavente v. Daniel Granger and Beverly Granger Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Dissenting Opinion by Justice Sharp in Benavente v. Granger (would find negligence) Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (wrongful death, dump truck wreck, negligent hiring, training, supervision, training, and negligence per se claims)(no imposition of vicarious liability through proof of an employer-employee relationship, right to control test for employee or independent contractor status) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Nenninger Bland Panel members: Justices Taft, Bland and Sharp 01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Gaskey v. One Source Security and Found (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown) (motor vehicle collision, school bus rear-ender accident, negligence action, negligent entrustment, denial of motion for new trial after jury verdict affirmed, factual sufficiency, legal sufficiency review on appeal) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00850-CV Jed Gaskey, Individually and as Next Friend of Cassandara Gaskey and Cassandra Gaskey v. One Source Security and Found a/k/a One Source Security and Sound and Steven Green Smith Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Thomas v. Uzoka (Tex.App.- Houston [14th Dist.] May 28, 2009)(Sullivan)(auto collision liability, negligence per se defense nonuse of seatbelt, proportionate responsibility, allocation of fault) AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Hudson and Sullivan 14-08-00182-CV Lakeisha Thomas v. Ugochi Uzoka Appeal from 125th District Court of Harris County Trial Court Judge: JOHN A. COSELLI Mai v. Farmers Texas County Mutual Ins. (Tex.App.- Houston [14th Dist.] May 7, 2009)(Hedges) (auto insurance coverage dispute, UIM coverage, uninsured motorist provision of the policy, which requires that there have been contact between the insured’s vehicle and the uninsured motorist’s vehicle) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00958-CV Y Ngoc Mai and Huong Mai-Nguyen v. Farmers Texas County Mutual Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Boyce) (one-vehicle truck accident PI negligence suit by driver against employer, admission of evidence, witness credibility, impeachment) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00566-CV Marcus Barber v. Bison Building Materials, Ltd. Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings) (auto PI, death, negligence, man running into freeway, no time to swerve, NE-SJ, failure to preserve error) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00695-CV Clara Kahng, Individually and on behalf of Wony Kahng, Gredo Kahng, Howard Kahng and Sarah Roh v. John Richard Verity Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Verity’s deposition testimony does not create a fact issue. In fact, Verity’s deposition testimony showed that he had no time whatsoever to take evasive action in order to avoid the collision. See Fannin, 561 S.W.2d at 956. Verity stated that, when the decedent suddenly darted out in front of his car on the interstate, he had no time to “swerve,” especially considering that he was in the far left-hand lane and a truck was “beside” him on the lane to his right. Such time to react was also noted by Verity as “a fraction of a second” or “instantaneous.” Kahng’s video clips do not create a fact issue because they assume, without any evidentiary support, that Verity had time to see the decedent and take evasive action. Lee’s testimony also does not create a fact issue because he assumes, without any evidentiary support, that Verity had time to take evasive action. Accordingly, we hold that the trial court did not err in granting Verity’s no-evidence summary judgment motion. Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) AFFIRMED: Opinion by Justice Jeffrey Brown Before Justices Brock Yates, Anderson and Brown 14-07-00314-CV Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds Insurance Company Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray Hernandez v. Atieh (Tex.App.- Houston [14th Dist.] May 20, 2008)(Frost) (auto accident law, negligence, jury trial) AFFIRMED: Opinion by Justice Frost 14-06-00582-CV Juan Jose Hernandez v. Adbedlsalam Atieh Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Charida v. Allstate Indemnity Co. (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley) (auto insurance law, no UM/UIM coverage not for family members where accident caused by policy holder) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00278-CV Amal Charida v. Allstate Indemnity Company and Fawzi Shreida Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13, 2007)(Hedges) (auto PI, personal injury settlement, third-party beneficiary, quasi-estoppel) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-06-00436-CV Allstate Indemnity Company and Allstate Property and Casualty Insurance Company v. Hadley Medical Clinic, Hampton Medical Clinic, Imperial Valley Medical Clinic, and Southwest Houston Physician Center Appeal from County Civil Court at Law No 1 of Harris County (R. Jack Cagle) Spencer v. Prime Site, Inc. (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Alcala) (automobile law, towed car, summary judgment, SJ, fraud, evidence exclusion) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00738-CV Donald E. Spencer v. Prime Site, Inc. Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta Lloyd) Bibai v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley) (PI auto, evidence, proof of negligence, damages) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00138-CV Charlotte Ngo Bibai and Imaobong Nda v. Dom Kim Nguyen Appeal from County Civil Court at Law No 4 of Harris County (Judge Roberta Lloyd) Lee v. Palacios (Tex.App- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (auto PI, motion for new trial) AFFIRMED: Opinion by Justice Seymore 14-06-00428-CV Wai-Ling Lee v. Rose Marie Palacios Appeal from 234th District Court of Harris County (Hon. Reese Rondon) Torres v. Tessier (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) (PI-auto, jury error, sudden emergency instruction) AFFIRMED: Opinion by Justice Guzman 14-06-00484-CV Antonio Torres v. Colin L. Tessier Appeal from 113th District Court of Harris County (Hon. Patricia Ann Hancock) Cox v. Centerpoint Energy (Tex.App.- Houston [14th Dist.] May 17, 2007)(Anderson)(PI) (jury allocation of liability, personal injury damages, auto truck accident) AFFIRMED: Opinion by Justice Anderson 14-05-01130-CV John Cox v. Centerpoint Energy, Inc. D/B/A Reliant Energy HL&P, Kenneth Raymond Dubois Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Ortiz v. Martinez (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(PI-auto jury) (PI auto jury instruction unavoidable accident instruction) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-05-00984-CV Joe H. Ortiz, Mario H. Ortiz, Leonardo H. Ortiz, Juan Garcia & Ramon Hernandez Salas v. John Martinez Appeal from 281st District Court of Harris County (Judge David J. Bernal) Whitaker v. Rose (Tex.App.- Houston [14th Dist.] Feb. 6, 2007)(Anderson) (auto PI auto, restricted appeal, no answer default judgment) AFFIRMED AS MODIFIED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-04-01178-CV Marcus Dunte Whitaker v. Lois Rose, John Rose Jr., and John Rose III Appeal from County Civil Court at Law No 1 of Harris County (Judge R.Jack Cagle) . |
