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TEXAS SUPREME COURT OPINIONS: WORK PLACE INJURY SUITS
Brookshire Grocery v. Goss, No. 07-0085 (Tex. Aug. 29, 2008)(per curiam)
(workplace safety, injury, judgment for injured employee reversed, no duty)
A grocery store employee was injured when she attempted to maneuver around a loaded cart. A jury found
that her employer’s negligence proximately caused the incident, and the court of appeals affirmed the trial
court’s judgment. Because we conclude that any danger of stepping around such carts is commonly known,
we hold that the employer had no duty to warn employees of the risk or provide specialized training to avoid
that hazard. We reverse and render judgment that the employee take nothing. * * *
Because we conclude that Brookshire owed no duty to warn Goss of a risk commonly known and
appreciated, we grant the petition for review and, without hearing argument, we reverse the court of appeals’
judgment and render judgment for Brookshire.
G.E. 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 Scott Brister delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Medina, and Justice Willett joined.
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined
(Justice O'Neill not sitting)
Texas Mutual Ins. Co. v. Ledbetter, No. 06-0814 (Tex. Apr. 4, 2008)(Brister)(workers comp, subrogation
TEXAS MUTUAL INSURANCE COMPANY v. PAULA LEDBETTER, REPRESENTATIVE OF THE ESTATE OF
CHARLES WADE LEDBETTER, INDIVIDUALLY AND AS NEXT FRIEND OF DUSTIN WADE LEDBETTER, A
MINOR, AND TONJA LEDBETTER AND JAMIE LEDBETTER, INDIVIDUALLY; from Jones County; 11th
district (11-05-00098-CV, 192 S.W.3d 912, 06-01-06) 2 petitions
motion for emergency relief from declaratory judgment action dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice
Johnson joined as to Parts I through III and Part V.
PETITIONS DENIED BY THE TEXAS SUPREME COURT
DR. CAMIL KREIT, M.D., P.A. v. LINDA YOUNG; from Polk County; 11th district
(11-06-00149-CV, 253 SW3d 790, 02-22-08, pet. denied Aug 2008) (personal injury, workplace safety) 3
This is a personal injury suit. Linda Young sued her employer and a furniture manufacturer for injuries she
sustained when her office chair broke and she fell. She later filed an amended pleading naming Dr. Camil
Kreit, M.D., P.A. a/k/a Camil Ibrahim as a defendant. When this defendant did not respond to requests for
admission, Young filed a motion for partial summary judgment. The trial court granted the motion and, after
an evidentiary hearing, rendered final judgment in favor of Young and against Dr. Camil Kreit, M.D., P.A.
a/k/a Camil Ibrahim. Camil Ibrahim a/k/a Camil Kreit and Dr. Camil Kreit, M.D., P.A. have separately appealed
from this judgment.
Holding. The judgment of the trial court is affirmed in part and reversed and remanded in part. That portion
of the judgment finding Dr. Kreit liable for a negligence cause of action and awarding Young past and future
medical expenses of $104,527.80 is affirmed. That portion of the judgment finding Dr. Kreit liable for fraud
and awarding Young fraud damages, past and future lost wages, and past and future mental anguish is
reversed; and these issues are remanded for a new trial.
WILLIAM LOWE, M.D. v. MARY HERNANDEZ; from Tarrant County; 2nd district (02-06-00132-CV, ___ S.W.
3d ___, 06-07-07) (job termination, injury, ability to perform job responsibilities, proximate cause)
In five issues, Appellant William Lowe, M.D. asserts that the trial court erred in awarding judgment, following a
jury trial, to Appellee Mary Hernandez for a job termination claim following a course of surgical and medical
treatment provided by Dr. Lowe. We affirm.
RAMON CARDENAS AND MARIA CARDENAS v. JOE WILLIAMSON CONSTRUCTION CO., INC.; from Hidalgo
County; 13th district (13-06-00096-CV, ___ S.W.3d ___, 11-20-07, pet. denied April 2008)(workplace injury)
Appellants, Ramon Cardenas and his wife, Maria Cardenas, sued appellee, Joe Williamson Construction Co.,
Inc. (Williamson Construction), for personal injuries and damages sustained by Mr. Cardenas when he fell at
a construction site. Williamson Construction was the general contractor, and Mr. Cardenas was an employee
of one of Williamson Construction's subcontractors, L & I Steel. Williamson Construction filed a traditional
motion for summary judgment which the trial court granted. By one issue, appellants contend that the trial
court erred in granting summary judgment in favor of Williamson Construction because a material fact issue
remains regarding the duty element of their negligence claim. We affirm.
DARLETA ROCHELLE JOHNSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD F.
JOHNSON, SR., DECEASED, AND AS NEXT FRIEND OF BRAD JOHNSON, JR., JERELLE JOHNSON AND
AMETHYST JOHNSON, MINORS v. TRANSIT MIX CONCRETE & MATERIALS COMPANY AND TRINITY
MATERIALS, INC.; from Jefferson County; 11th district (11-03-00300-CV, ___ SW3d ___,10-12-06, pet.
denied Feb 2008) (wrongful death, workplace injury)
In 1999, Brad Johnson Sr. was killed while working at a sand and gravel mine owned and operated by Trinity
Materials, Inc. and Transit Mix Concrete & Materials Company. Darletta Rochelle Johnson, individually and
as representative of the estate of her husband Brad F. Johnson Sr. and as next friend of the three minor
children, Brad Johnson Jr., Jerelle Johnson, and Amethyst Johnson, filed suit against Trinity under the
Wrongful Death Act, Tex. Civ. Prac. & Rem. Code Ann. '' 71.001 B .012 (Vernon 1997 & Supp.2006), and the
Texas Survival Statute, Tex. Civ. Prac. & Rem. Code Ann. ' 71.021 (Vernon 1997). The jury found Trinity
negligent and awarded Johnson's estate and survivors $164 million in damages. In its final judgment, the
trial court remitted the award to $27,357,090.83. We reverse and render.
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