Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright) (HCLC med-mal gross negligence damages, contributory negligence, trifurcation of trial) Justice Brister delivered a concurring opinion, in which Justice Medina joined. Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht joined. Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. 2008) (Majority Opinion by Justice Medina) (constitutional law, first amendment freedom of religion clause, exorcism of demons, intentional tort claim by church member for mental anguish damages barred by church's religious doctrine immunity, estoppel argument rejected) The Court reverses the court of appeals' judgment and dismisses the case. Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, and Justice Willett joined. Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III, and IV of which Justice Johnson joined. Justice Green wrote a dissenting opinion. Justice Johnson delivered a dissenting opinion. Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647 (Tex. June 13, 2008)(Substituted opinion by Justice Paul Green on further motions for rehearing) (insurance case) Justice Hecht delivered an opinion concurring in part and dissenting in part General Electric v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister) (workplace injury, premises liability, independent contractor, no duty holding precludes land owner liability for contractor's injury) Justice Green delivered a dissenting opinion In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Green)(mandamus granted) (mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved) Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008) (sufficiency of affidavit of inability to pre-pay costs of appeal, IFP) (Opinion by Justice Harriet O'Neill) Justice Green delivered a dissenting opinion, in which Justice Wainwright and Justice Willett joined. (Justice Johnson not sitting) Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. May 16, 2008) (Opinion by Justice Paul Green) (intergovernmental dispute over easement for water extraction from lake, condemnation power) Ownes & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green) (cert. question from 5th Cir.) (products liability, indemnification, litigation costs) OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY motion to consolidate denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined. Justice Brister delivered a concurring opinion. Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined. Texas Municipal Power Agency v. PUC, No. 04-0751 (Tex. Dec. 14, 2007)(Green) (regulatory policy, agency authority, statutory construction, declaratory judgment, PUC rate regulation) TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, CITY OF GARLAND, AND GEUS F/K/A GREENVILLE ELECTRIC UTILITY SYSTEM v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03-02-00701-CV, 150 S.W.3d 579, 05-20-2004) — consolidated with — Texas Municipal Power Agency v. PUC, No. 04-0752 (Tex. Dec. 14, 2007)(Green) TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, TEXAS, CITY OF GARLAND, TEXAS, AND CITY OF GREENVILLE, TEXAS v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03-02-00644-CV, 150 S.W.3d 579, 05/20/2004) The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case in part to the court of appeals. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, and Justice Johnson joined. Justice Brister filed a dissenting opinion, Texas Municipal Power Agency v. PUC in which Justice Willett joined. Mid-Century Ins. Co. v. Ademaj, No. 05-0016 (Tex. Nov. 30, 2007)(Opinion by Justice Green) (insurance law, rate regulation, billing of anti-theft fee) MID-CENTURY INSURANCE COMPANY OF TEXAS AND TEXAS FARMERS INSURANCE COMPANY v. SHEFQET ADEMAJ; from Henderson County; 12th district (12-03-00028-CV, 202 S.W.3d 176, 11/24/04) The Court reverses the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a concurring opinion, in which Justice Medina joined. (Justice Hecht not sitting) Houston Municipal Employees Pension System v. Ferrell, No. 05-0587 (Tex. Nov. 30, 2007)(Green) (public employment, UDJA, jurisdiction, nonsuit) HOUSTON MUNICIPAL EMPLOYEES PENSION SYSTEM v. CRAIG E. FERRELL, JR., ET AL.; from Harris County; 1st district (01-03-00925-CV, 177 S.W.3d 502, 05/20/05) Respondent Craig Ferrell Jr.'s request for non-suit without prejudice granted The Court vacates in part and reverses in part the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Johnson joined. Justice Brister delivered a concurring opinion, in which Justice O'Neill joined. (Justice Willett not sitting) Justice Green writes that university administrator sued in his official capacity is entitled to immunity from suit, and may appeal immediately when trial court denies his plea to the jurisdiction; court below had held that official cannot appeal because he is not a governmental unit, for which interlocutory appeal is authorized by statute Texas A & M Univ. Sys. v. Koseoglu, No. 05-0321 (Tex. Sep. 7, 2007)(Opinion by Justice Paul Green) (public employment, government entities, sovereign immunity, breach of settlement agreement, ILA, interlocutory appeal, opportunity to amend) TEXAS A&M UNIVERSITY SYSTEM, TEXAS ENGINEERING EXPERIMENT STATION, AND DR. MARK MCLELLAN v. DR. SEFA KOSEOGLU; from Brazos County; 10th district (10-03-00375-CV, 167 S.W.3d 375, 03/09/05) The Court affirms in part and reverses in part the court of appeals' judgment and dismisses the case. Justice Green delivered the opinion of the Court. 2006 Opinions Authored by Justice Paul Green Bed, Bath & Beyond v. Urista, No. 04-0332 (Tex. Dec. 29, 2006)(Justice Green) (jury charge error, instruction, unavoidable accident instruction) Justice Brister delivered a concurring opinion in Bed, Bath & Beyond v. Urista Justice Medina delivered a dissenting opinion Bed, Bath & Beyond v. Urista Opinion on remand to Houston court of appeals: Urista v. Bed, Bath & Beyond In re Applied Chemical Magnesias Corp., No. 04-1119 (Tex. Aug. 31, 2006)(Justice Paul W. Green) (venue, mandatory venue, permissive venue, MTV, real estate suits) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Justice Paul Green) (employer non liability for independent contractor torts, wrongful conduct, exceptions) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Concurrence by Justice Brister) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Dissenting opinion by Justice Willett) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(Justice Justice Green) (employer liability for employee conduct, off site, scope of employment, off duty, duty owed?) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(concurrence by O'Neill) Evanstan Ins. Co. v. Atofina, No. 03-0647 (Tex. May 5, 2006)(Justice Paul Green) (insurance coverage dispute) City of Dallas v. Vanesko, No. 04-0263 (Tex. Apr. 7, 2006)(Justice Paul Green) Dissent by Justice O'Neill (zoning, error by government entity, building permit, variance} Error in Jury Instruction Provides No Basis For Reversal If Error Was Harmless Bed, Bath & Beyond v. Urista, No. 04-0332 (Tex. Dec. 29, 2006)(Justice Paul Green) (jury charge error, instruction, unavoidable accident instruction, harmless error rule) Mandamus Relief Granted to Enforce Mandatory Venue in Case Involving Real Property Interest In re Applied Chemical Magnesias Corp., No. 04-1119 (Tex. Aug. 31, 2006)(Justice Green)(mandamus) In this venue case we consider whether a declaratory judgment suit to determine the rights of the parties to a contract to acquire surface and mineral leases is an action involving an interest in real property thus making it subject to the mandatory venue provision of section 15.011 of the Texas Civil Practice and Remedies Code. We conclude that it is and conditionally grant the writ of mandamus. . . . Like the plaintiffs in Renwar Oil Corporation, Aggregate is using the declaratory judgment mechanism as an indirect means of quieting title to the mineral estate in the Marble Canyon land. The essence of this dispute is whether Applied Chemical has a right to mine marble on Aggregate’s land. If it does, Applied Chemical has a mineral lease, which involves an interest in real property. In the event Applied Chemical does not have a right to mine marble from Aggregate’s land, Aggregate has a claim against Applied Chemical for damages to its property for the marble that has been removed from its land. Both cases fall within section 15.011’s mandatory venue provision. We therefore must conclude that the trial court’s denial of the motion to transfer amounts to a “clear and prejudicial error of law,” necessitating mandamus relief. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). As a result, we conditionally grant the writ of mandamus and direct the trial court to transfer venue to Culberson County. The writ will issue only if the trial court fails to comply. Employer Had No Duty and Thus No Liability Regarding Employee's Off-Duty Conduct Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(Justice Paul Green) In general, an employer owes no duty to protect the public from the wrongful acts of its off-duty employees that are committed off the work site unless the employer exercises control over the employees’ off-duty activities that cause harm. See Otis Eng’g Corp. v. Clark, 668 S.W.2d 307, 309, 311 (Tex. 1983). Here, we are asked to decide whether an employer owes a duty to protect the public from an employee’s wrongful off-duty conduct, even though the employer exercised no control over the employee’s off-duty activities, because the employer knew its employee was drug-impaired and had threatened violence to others. We conclude that the employer owes no such duty. . . . Based on the facts surrounding the occurrence in question, we conclude that Loram owed no duty to Ianni with respect to Tingle’s off-duty conduct.[5] Because Loram owed no duty, we need not reach the remaining issues. We Reverse the court of appeals’ judgment against Loram and Render a take-nothing judgment in Loram’s favor. Can Defendant Be Held Liable for Acts of Independent Contractor? Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Justice Paul Green) In this case we revisit the rule that an employer is generally not liable for the acts of an independent contractor unless the employer exercises sufficient control over the details of the independent contractor’ s work. See Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 783 (Tex. 2001). We do so to consider whether a “personal character exception” makes a business owner’s duties to the public nondelegable when contracting for private security services to protect its property. Because we do not recognize a personal character exception to the rule that an owner is not liable for the tortious acts of independent contractors, and because the evidence in this case is legally insufficient to support the jury’s negligence, malice, and exemplary damages findings against the owner, we reverse and render judgment in the owner’ s favor. We do find legally sufficient evidence to support the future mental anguish damages award against the independent contractor and affirm the judgment as to the contractor. . . . In summary, we reverse the court of appeals’ judgment against Fifth Club based on jury findings of vicarious liability negligence and malice in hiring, and we enter a take-nothing judgment in Fifth Club’s favor. We affirm the court of appeals’ judgment against West as to future mental anguish damages. houston-opinions.com |
| 2006-08 Texas Supreme Court Opinions by Justice Paul W. Green |
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