Terminology: personal injury law | automobile accident | negligence | gross negligence | DWI | UMI | liability coverage | cause | uninsured driver | negligent entrustment | failure to control speed | maintain proper lookout | collision | wreck |
Can an insured recover attorney’s fees under Chapter 38 of the Civil Practice and Remedies Code from her underinsured motorist (UIM) insurer?
State Farm Mutual Auto Ins. Co. v. Norris., No 04-0514 (Tex. Dec. 22, 2006)(Jefferson) [Personal injury law, auto, underinsured motorist insurance, UIM coverage, policy limits, prejudgment interest, calculation, settlement credit, attorney fees] 04-0514 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. JIMMIE R. NORRIS; from Limestone County; 10th district (10 01 00370 CV, ___ SW3d ___, 04 14 04) The Court reverses the court of appeals' judgment and renders judgment in part and remands in part. Chief Justice Jefferson delivered the opinion of the Court (Justice O'Neill not sitting)
Jordan v. Sava, Inc. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Alcala) [personal injury, PI suits, negligence, negligence per se, failure to control speed, safe distance, jury instruction error, sudden emergency instruction] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala 01-03-00554-CV Maethenia Jordan v. Sava, Inc. & John D. Moore Appeal from 152nd District Court of Harris County Dissenting Opinion by Justice Keyes
Jankowiak v. Allstate (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Hudson) [consumer law, insurance law, auto, denial of claim for uninsured motorist coverage, contract construction, public policy, SJ reversed] REVERSED AND REMANDED: Opinion by Justice Hudson 14-05-00072-CV Harry Jankowiak and Pam Jankowiak Individually and as Next Friend of Laci Jankowiak v. Allstate Property and Casualty Insurance Company Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood)
Roberson v. Collins (Tex.App.– Houston [1st Dist.] Aug. 3, 2006)(Keyes) [auto PI, damages, failure to preserve error, admission of evidence of damage to vehicle, photos] AFFIRM TC JUDGMENT: Opinion by Justice Keyes 01-05-00471-CV Dennis Roberson v. Benjamin Collins Appeal from 55th District Court of Harris County (The Honorable Jeffrey Vince Brown)
Denial of Uninsured Motorist Coverage Reversed
Jankowiak v. Allstate (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Hudson) [consumer law, insurance law, auto, denial of claim for uninsured motorist coverage, contract construction, public policy, SJ reversed] REVERSED AND REMANDED: Opinion by Justice Hudson 14-05-00072-CV Harry Jankowiak and Pam Jankowiak Individually and as Next Friend of Laci Jankowiak v. Allstate Property and Casualty Insurance Company Appeal from 127th District Court of Harris County
Arocha v. State Farm Mut. Auto. Ins. (Tex.App. - Houston [14th Dist.] August 22, 2006)(Edelman) [PI, auto bicycle, civil procedure, jury trial, jury instruction issue, improper jury argument] AFFIRMED: Opinion by Justice Edelman 14-05-00012-CV Bernard Arocha and Mary Arocha v. State Farm Mutual Automobile Insurance Company and Chubb Lloyd's Insurance Company of Texas Appeal from 333rd District Court of Harris County (Judge Joseph J. Halbach)
Townsend a/n/f of Patterson Children v. City of Alvin (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hudson) [governmental entity law, TTCA, sovereign immunity, auto fatality, police officer’s failure to take unauthorized drive off the road, driver caused deadly collision, suit dismissed for lack of jurisdiction on the pleadings, no waiver] AFFIRMED: Opinion by Justice Hudson 14-05-00915-CV James Randel and Nancy Patterson , as Next Friends of Haley Patterson and Garrett Patterson v. City of Alvin--Appeal from 239th District Court of Brazoria County Raleigh Patterson, as next friend of Haley and Garrett Patterson, sued the City of Alvin (the “City”) for negligence arising out of a fatal automobile accident. The trial court granted the City’s plea to the jurisdiction. On appeal, James Randel and Nancy E. Townsend, appellants, substituted for Raleigh Patterson. The sole issue on appeal is whether an Alvin police officer used or operated a vehicle in such a manner as to waive governmental immunity under the Texas Tort Claims Act (TTCA). We affirm.
Goudeau v. Rodriguez and U.S. Fidelity & Guarantee Co (Tex.App.- Houston [1st Dist.] Aug. 31, 2006)(Taft) (auto PI, insurance law, UIM coverage) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft 01-04-01168-CV Louis Goudeau and Tasha Goudeau v. Alex Rodriguez and United States Fidelity & Guaranty Company--Appeal from 280th District Court of Harris County
Roberson v. Collins (Tex.App.– Houston [1st Dist.] Aug. 3, 2006)(Keyes) [auto PI, damages, failure to preserve error, admission of evidence of damage to vehicle, photos] AFFIRM TC JUDGMENT: Opinion by Justice Keyes 01-05-00471-CV Dennis Roberson v. Benjamin Collins Appeal from 55th District Court of Harris County (Judge Jeffrey Vince Brown)
Ontiveroas v. Lozano (Tex.App.-Houston [14th Dist.] April 27, 2006)(Hudson)(PI-auto, jury, damages) AFFIRMED: Opinion by Justice Hudson Before Justices Hudson, Fowler and Seymore 14-05-00294-CV Mario Ontiveroas v. John Lozano and Samuel Medrano Appeal from 189th District Court of Harris County (Hon. William R. Burke JR.)
In re State Farm Mutual Auto. Ins. Co. (Tex.App.-Houston [14th Dist.] April 27, 2006)(per curiam) [PI-auto, insurance law, UIM, severance of contractual and extra-contractual claims] MOTION OR WRIT GRANTED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-06-00161-CV In Re: State Farm Mutual Automobile Insurance Company, Bryan Kenney, Ray Medley and Oscar Garcia--Appeal from 56th District Court of Galveston County (Hon. Lonnie Cox)
Negligent Entrustment Bowie v. Broussardt(Tex.App.–Houston [1st Dist.] March 24, 2006)(Radack) [auto PI, negligence, negligent entrustment, no evidence summary judgment, elements] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-04-00941-CV Reginald O'Neal Bowie, Sr. v. Lisa Jane Karakat and Gloria Broussard Appeal from 25th District Court of Colorado County