Has the Fifth Circuit Redefined a Non-Subscriber's Duty to its Employees?
The Fifth Circuit ruled that an employee should be allowed to sue his employer for a work-related injury, even though he was aware that a spilled substance could cause him to fall.
How to Cut a Check for Hospital Liens
Does an insurance carrier comply with the Tex. Prop. Code Ann. §§ 55.001-007 when it issues a check in settlement of a personal injury claim to the claimant and the hospital jointly? A recent case out of Corpus Christi answers this question.
Those That Can, Usually Can't Sue
Can contractors sue property owners for personal injury when they are injured by the same object they were hired to repair? Please read this entry to learn how a recent El Paso, Texas, case interpreting Chapter 95 of the Texas Civil Practice & Remedies Code may affect your future claims.
Paid vs. Incurred Medical Bills: Haygood and Beyond
In July 2011, the Texas Supreme Court in Haygood v. De Escabedo held medical expenses, and the admissibility of evidence of medical expenses, are limited by statute to the amounts actually paid or incurred by the claimant. Unfortunately, the opinion offers very little guidance on the affects of trial practice.
Wrongful Death and Survival: Two Different Claims
The Fort Worth Court of Appeals attempted to clarify the sometimes confusing law concerning the damages available when a victim of negligence dies. Cunningham v. Haroona, NO. 02-07-00231-CV, 2012 Tex. App. LEXIS 7053 (Tex. App. Fort Worth Aug. 23, 2012, no pet.) (the Court denied motion for reconsideration en banc on October 18, 2012).
