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Crofts & Callaway, P.C. / 4040 Broadway, Suite 525 / San Antonio, Texas 78209-6300 / Phone: 210-225-5551 Fax: 210-225-7110		 Cases Handled

TEXAS COURTS OF APPEAL

  • Allied Towing Inc. v. Garza, ___ WL ___ ( Tex. App. -- San Antonio , Dec. 13, 2006, no pet.) (mem. op.) (defense of challenge to default judgment based on complaints regarding the admissibility of evidence and sufficiency of the evidence to support the damages; appeal dismissed following settlement)
  • Franka v. Velasquez, _ __ S.W.3d _ __, 2006 WL 2546535 ( Tex. App. -- San Antonio September 6, 2006, no pet. h.)(doctors failed to establish that the claim against them could have been brought against their employer, a governmental unit, for purposes of dismissing the doctors under Texas Civil Practice & Remedies Code § 101.106(f))
  • Pena v. Chacon, 2006 WL 2788268 ( Tex. App. -- Corpus Christi , Sept. 28, 2006, no pet.)($3 million judgment set aside pursuant to settlement)
  • Trinity Storage Services, L.P. v. Asto Liberty, L.L.C., 2006 WL 2435598 ( Tex. App. -- Beaumont Aug. 24, 2006, no pet.) (mem. op.) (appeal of summary judgment granted against Defendants on breach of contract claim and awarding damages and property; appeal dismissed following settlement)
  • Vasquez v. Hyundai Motor Co., 2006 WL 2056088 ( Tex. App. -- San Antonio July 26, 2006) (dismissing appeal pursuant to settlement)
  • Warren E & P, Inc. v. Gotham Ins. Co., 2006 WL 1080246 ( Tex. App. -- San Antonio April 26, 2006, pet. denied)(memorandum op.)(reversing and remanding for determination of restitution amount; reversing award of attorney's fees under the declaratory judgment act because no judgment was rendered on the request for a declaration)
  • Thorp Petroleum Corp. v. Moses, 2006 WL 1152342 ( Tex. App. -- San Antonio May 3, 2006 no pet.) (mem. op.) (appeal of judgment awarding in excess of $1 million in damages for personal injuries allegedly sustained as a result of oil field accident, asserting charge and evidence deficiencies; appeal dismissed following settlement)
  • Ruiz & Sons, Inc. v. Baker, 2006 WL 398174 ( Tex. App. -- San Antonio , Feb. 22, 2006)(default judgment set aside pursuant to settlement)
  • City of San Antonio v. El Dorado Amusement Co., Inc., 195 S.W.3d 238 ( Tex. App. -- San Antonio 2006, pet. filed)(holding rezoning ordinance that no longer permitted sale of alcoholic beverages constituted a regulatory taking, but that award of damages for both lost profits and decrease in market value was a double recovery)
  • Bustillos v. Jacobs, 190 S.W.3d 728 ( Tex. App. -- San Antonio 2005, no pet.)(affirming a grant of summary judgment on the basis that a take nothing judgment for failure to give notice is a judgment for purposes of section 101.106 of the Texas Civil Practice and Remedies Code)
  • Beller v. Fry Roofing, Inc ., 2005 WL 3115828 ( Tex. App. -- San Antonio Nov.23, 2005)(modifying dismissal for want of prosecution to be without prejudice)
  • Stoneridge, Inc. v. Mata, 2005 WL 1397123 ( Tex. App. -- San Antonio June 15, 2005)(judgment set aside pursuant to settlement)
  • De Llano v. Suess, ___ S.W.3d ___, 2005 WL 1405119 (Tex. App.--Corpus Christi, Jun. 16, 2005, no pet.) (mem. op.) (affirming trial court’s judgment, which rejected allegations of claimed heirs; and holding that a judgment following conventional trial on merits is presumed final, that establishment clause complaint based on attorney general’s participation at trial was waived, that appellees did not improperly discuss race during closing argument but merely responded to the appellant’s own injection of race into trial, that issue asserting attorney’s disqualification was waived, that trial court had jurisdiction to issue its judgment, and that defensive issue of adverse possession could not be converted into affirmative finding in favor of claimants)
  • Erickson v. Cigarroa , 2005 WL 1397115 (Tex. App.--San Antonio, June 15, 2005, no pet.) (mem. op.) (application of medical-malpractice limitations defense did not infringe "open courts" provision of Texas Constitution; companion to Erickson v. Heim-Hall, 172 S.W.3d 664 (Tex. App.--San Antonio 2005, no pet.))
  • Beverly Enterprises-Texas, Inc. v. Morton, 2005 WL 1277895 (Tex. App.--Amarillo, May 31, 2005, no pet.) (mem. op.) (judgment reversed and remanded for new trial based on trial court’s refusal to instruct jury on waiver)
  • Jenkins v. L&G Pipe, 2005 WL 1159064 (Tex. App.--San Antonio, May 18, 2005, no pet.) (mem. op.) (failure to challenge jury’s refusal to find liability fatal to appellant’s challenge to damages question)
  • CTTI Priesmeyer, Inc. v. K & O Limited Partnership, 164 S.W.3d 675 (Tex. App.--Austin 2005, no pet.) (“one satisfaction rule” applies only to tort cases, not contract)
  • Burris v. Garcia, 2005 WL 839442 (Tex. App.--San Antonio, Apr. 13, 2005, no pet.) (mem. op.) (sustaining arguments that trial court properly admitted surveillance videotape, that evidence supported limited awards for physical pain, mental anguish, and medical expenses, and that evidence supported jury’s refusal to award damages for loss of earning capacity, disfigurement, and physical impairment)
  • Wolfram v. Wolfram, 165 S.W.3d 755, 2005 WL 762969 (Tex. App.--San Antonio 2005, no pet.) (op. on reh’g) (ex-wife failed to properly domesticate judgment after ex-husband’s death and could not seek to enforce judgment in direct suit against surviving spouse)
  • TA Operating Corp. v. Solar Applications Engineering, 2005 WL 712010 (Tex. App.--San Antonio, Mar. 30, 2005, op. withdrawn) (rejecting argument that condition precedent of clearing all subcontractor liens must be performed before a contractor who has substantially performed is entitled to final payment)
  • In re Dillard Department Stores, Inc., 181 S.W.3d 370 (Tex. App. -- El Paso 2005, orig. proceeding) (trial court did not abuse discretion in denying motion to compel arbitration where plaintiff’s claim did not fall within scope of parties’ arbitration agreement)
  • In re John G. Kenedy Memorial Foundation, 159 S.W.3d 133 (Tex. App.--Corpus Christi 2004, orig. proceeding) (holding that probate court had no jurisdiction to transfer cases into its court without a currently-pending estate)
  • City of Alamo Heights v. Boyar, 158 S.W.3d 545 (Tex. App.--San Antonio 2005, no pet.) (upholding decision of zoning board to deny variance for screened patio cover)
  • City of San Antonio v. Pollock, 155 S.W.3d 322 (Tex. App.--San Antonio 2004, pet. filed) (affirming $7.5 million judgment under the Takings Clause for personal injuries resulting from migration of benzene from landfill; holding that expert opinion supported finding that benzene cause in utero acute lymphoblastic leukemia)
  • In re East Texas Medical Center Athens, 154 S.W.3d 933 (Tex. App.--Tyler 2005, orig. proceeding) (mandamus denied because hospital failed to bring to the trial court’s attention amended affidavits in support of its motion to transfer venue)
  • In re Dillard Department Stores, Inc., 153 S.W.3d 145 (Tex. App.--El Paso 2004, orig. proceeding) (trial court did not abuse its discretion in denying motion to compel arbitration where relator failed to establish existence of agreement)
  • Laredo Medical Group v. Lightner, 153 S.W.3d 70 (Tex. App.--San Antonio 2004, pet. denied) (medical group owed doctor no duty of good faith and fair dealing; employment contract would be reformed to include covenant not to compete)
  • Tabrizi v. Daz-Rez Corp., 153 S.W.3d 63 (Tex. App.--San Antonio 2004, no pet.) (reversing trial court’s ruling that oral agreement was not enforceable under the Statute of Frauds; affirming judgment notwithstanding the verdict as to plaintiff’s claims for fraud, implied partnership, and lost profits)
  • Panatrol Corp. v. Emerson Electric Co., 147 S.W.3d 518 (Tex. App.--San Antonio 2004, no pet.) (op. on reh’rg) (withdraw dismissal of appeal and hold that notice of appeal was timely filed because judgment was not final until granting of summary judgment against a third party)
  • Price Drilling Co. v. Zertuche, 147 S.W.3d 483 (Tex. App.--San Antonio 2004, no pet.) (reversing and rendering take-nothing judgment because charge improperly submitted premises liability case as a negligent activity case)
  • National Union Fire Insurance Co. of PA v. Valero Energy Corp., 143 S.W.3d 859 (Tex. App.--Corpus Christi 2004, pet. denied) (joinder of plaintiffs was proper under Remedies Code section 15.003(a))
  • Entergy Gulf States, Inc. v. Isom, 143 S.W.3d 486 (Tex. App.--Beaumont 2004, pet. denied) (reversing denial of summary judgment motion under agreed interlocutory appeal and holding that plaintiffs’ claim was barred by attractive nuisance doctrine and that plaintiffs produced no evidence of gross negligence)
  • Jackson v. Golden Eagle Archery, Inc., 143 S.W.3d 477 (Tex. App.--Beaumont 2004, no pet.) (rejecting inadequacy challenges to jury awards for mental anguish, disfigurement, and physical impairment under newly-announced Supreme Court standard of review)
  • Goodyear Tire & Rubber Co. v. Rios, 143 S.W.3d 107 (Tex. App.--San Antonio 2004, pet. denied) (expert opinion on manufacturing defect not reliable)
  • Olveda v. Sepulveda, 141 S.W.3d 679 (Tex. App.--San Antonio 2004, pet. denied) (affirming dismissal of medical malpractice claim on basis that physician who authored preliminary report was not qualified to testify regarding standard of care applicable to urologist, that physician failed to set forth sufficient causal connection, and that scheduling order did not extend the time to file reports under 4590i)
  • Coastal Corp. v. Torres, 133 S.W.3d 776 (Tex. App.--Corpus Christi 2004, pet. denied) (reversing and rendering take-nothing judgment because parent company’s control over subsidiary’s budget did not create liability under theories of negligence or negligent undertaking)
  • In re GreenPoint Credit, L.L.C., 2004 WL 2997924 (Tex. App.--San Antonio, Dec. 29, 2004, orig. proceeding) (mem. op.) (trial court abused its discretion in denying relator’s motion to compel arbitration)
  • Gluckman v. Badeco, Inc., 2004 WL 2450943 (Tex. App.--San Antonio, Nov. 3, 2004, no pet.) (mem. op.) (affirming trial court’s judgment and rejecting points arguing the erroneous exclusion of evidence for failure to show error and failure to preserve error respectively)
  • Hamel v. Providence Construction, Inc., 2004 WL 1968277 (Tex. App.--San Antonio, Sept. 8, 2004, pet. denied) (mem. op.) (reversing post-answer default judgment)
  • McGaffigan v. Mora, 2004 WL 1159346 (Tex. App.--San Antonio, May 26, 2004, pet. denied) (mem. op.) (overruling opposing party’s claim for additional damages arising from automobile accident)
  • Fitz v. San Antonio Hospitality Investments, Inc., 2004 WL 840609 (Tex. App.--San Antonio, Apr. 21, 2004, no pet.) (mem. op.) (plaintiff not entitled to new trial based on juror misconduct, claimed evidentiary errors, or insufficiency of damages awarded)
  • In re Wabash National Trailer Centers, Inc., 2004 WL 624768 (Tex. App.--San Antonio, Mar. 31, 2004, orig. proceeding) (mem. op.) (dismissing as moot mandamus petition that sought a delay in testing of the hydraulic system of the vehicle in question by defendant only recently brought into case)
  • Thomason v. Collins & Aikman Floorcoverings, Inc., 2004 WL 624926 (Tex. App.--San Antonio, Mar. 31, 2004, pet. denied) (mem. op.) (affirming trial court’s grant of summary judgment as to several tort claims, but overruling argument that plaintiff lacked standing to bring any claims)
  • McDaniel v. McDaniel, 2004 WL 524475 (Tex. App.--Austin, Mar. 18, 2004, no pet.) (mem. op.) (evidence was legally and factually sufficient to support trial court’s division of marital property)
  • In re C&H News Co., 133 S.W.3d 642 (Tex. App.--Corpus Christi 2003, orig. proceeding) (employer’s promise to arbitrate illusory where it reserved the right to unilaterally amend rules of arbitration without notice to affected employees)
  • Johnson v. Ventling, 132 S.W.3d 173 (Tex. App.--Corpus Christi 2004, no pet.) (expiration of plenary power deprived court of jurisdiction to vacate divorce decree)
  • De Anda v. State, 131 S.W.3d 198 (Tex. App.--San Antonio 2004, no pet.) (findings and evidence supported statutory grounds for removal of county sheriff)
  • City of San Antonio v. Butler, 131 S.W.3d 170 (Tex. App.--San Antonio 2004, pet. denied) (reversed trial court’s order denying plea to the jurisdiction and rendered judgment dismissing claims against City based on governmental immunity from suit; governmental immunity from suit not waived by Government Code and city charter provisions)
  • In re R.O.C. Pretrial, 131 S.W.3d 129 (Tex. App.--San Antonio 2004, no pet.) (rejecting claimants’ challenge to denial of continuance, holding appellants waived appeal as to several appellees, and ultimately affirming the summary judgment because the plaintiffs failed to show that they were exposed to an injurious form of asbestos or silica or that they had been reliably diagnosed with asbestosis or silicosis)
  • Barsness v. Scott, 126 S.W.3d 232 (Tex. App.--San Antonio 2003, pet. denied) (modifying judgment to reflect terms of arbitration award where trial court had no authority to add indemnification award or to award attorney’s fees)
  • Zuniga v. Wooster Ladder Co., 119 S.W.3d 856 (Tex. App.--San Antonio 2003, no pet.) (affirming temporary injunction against execution of a judgment against a non-party)
  • Vasquez v. Hyundai Motor Co., 119 S.W.3d 848 (Tex. App.--San Antonio 2003) (reversed and remanded because plaintiffs entitled to voir dire jury on whether prospective jurors were biased against non-users of seat belts), rev'd, 189 S.W.3d 743 (Tex. 2006)
  • San Antonio Federal Credit Union v. O’Connor, 115 S.W.3d 82 (Tex. App.--San Antonio 2002, pet. denied) (reversing and rendering $3.5 million judgment against credit union because no evidence of conspiracy with its mortgage borrower to intentionally inflict emotional distress and defame the borrower’s general contractor)
  • DiMiceli v. Affordable Pool Maintenance, 110 S.W.3d 164 (Tex. App.--San Antonio 2003, no pet.) (reversing trial court’s award of damages for both breach of contract and quantum meruit, but overruling arguments that evidence conclusively established that plaintiff breached contract and implied warranties)
  • Federal Petroleum Co. v. Gas Equipment Co., 105 S.W.3d 281 (Tex. App.--Corpus Christi 2003, no pet.) (affirming summary judgment in favor of a product supplier on the basis that common-law indemnity survived only as against product manufacturers)
  • H.E. Butt Grocery Co. v. Rivera, 2003 WL 23093648 (Tex. App.--San Antonio, Dec. 31, 2003, pet. denied) (mem. op.) (judgment reversed and rendered in favor of defendant where no evidence of actual or constructive notice of unreasonably dangerous condition)
  • Conoco, Inc. v. Brown, 2003 WL 22295302 (Tex. App.--San Antonio, Oct. 8, 2003, pet. denied) (mem. op.) (legally insufficient evidence to support finding of control that is essential to liability for injury to an independent contractor’s employee)
  • Kirk v. Changing Surface, Inc., 2003 WL 22187175 (Tex. App.--San Antonio, Sept. 24, 2003, no pet.) (mem. op.) (because there is no final judgment, dismissing appeal for want of jurisdiction)
  • McMullen v. Jobes, 2003 WL 22011301 (Tex. App.--San Antonio, Aug. 27, 2003, no pet.) (mem. op.) (holding that finding of physical injury does not compel award of damages for pain and suffering)
  • Wal-Mart Stores, Inc. v. Sanchez, 2003 WL 21338174 (Tex. App.--San Antonio, June 11, 2003, pet. denied) (not designated for publication) (legally insufficient evidence to support lack of probable cause that is essential to recovery for false imprisonment)
  • Osborne v. Mutzig, 2003 WL 21010609 (Tex. App.--San Antonio, May 7, 2003, no pet.) (mem. op.) (sublessee required to give formal written notice of default in order to trigger guaranty clause in sublease)
  • RC Management, Inc. v. Texas Waste Systems, Inc., 2003 WL 1712535 (Tex. App.--San Antonio, Apr. 2, 2003, no pet.) (mem. op.) (affirming waste services provider recovery in quantum meruit for services provided to property management entity)
  • Statewide Waste Systems, Inc. v. Texas Waste Systems, Inc., 2003 WL 1618567 (Tex. App.--San Antonio, Mar. 31, 2003, no pet.) (mem. op.) (affirming trial court’s dismissal of plaintiff’s claim for malicious prosecution and request for sanctions)
  • Sanchez v. Mica Corp., 107 S.W.3d 13 (Tex. App.--San Antonio 2002) (trial court did not err in refusing to strike juror for bias), jdgt vacated in part without op.
  • Spinks v. Brown, 103 S.W.3d 452 (Tex. App.--San Antonio 2002, pet. denied) (affirming trial court’s grant of summary judgment for hospital and nurse in medical malpractice case)
  • Lyda Constructors, Inc. v. Butler Manufacturing Co., 103 S.W.3d 632 (Tex. App.--San Antonio 2003, no pet.) (reversing summary judgment in part because genuine issues of material fact precluded summary judgment on fraud and negligent misrepresentation)
  • Victoria Electric Cooperative, Inc. v. Williams, 100 S.W.3d 323 (Tex. App.--San Antonio 2002, pet. denied) (reversing judgment because control by utility pursuant to contract with independent contractor was supervisory, rather than control of operative details of work; therefore, no duty regarding independent contractor’s negligence)
  • Pearson v. DeBoer, Inc., 99 S.W.3d 273 (Tex. App.--Corpus Christi 2003, no pet.) (affirming jury’s finding that defendant driver was not negligent against legal and factual sufficiency challenges)
  • Moore v. Trevino, 94 S.W.3d 723 (Tex. App.--San Antonio 2002, pet. denied) (holding, as a matter of first impression, that Good Samaritan statute protected paramedics and awarding defendants their trial court costs)
  • Great American Products v. Permabond International, 94 S.W.3d 675 (Tex. App.--Austin 2002, pet. denied) (affirming trial court’s decision to disregard jury findings concerning effect of manufacturer’s disclaimer of warranties)
  • TAC Americas, Inc. v. Boothe, 94 S.W.3d 315 (Tex. App.--Austin 2002, no pet.) (reversing default judgment because return of service shows process server delivered petition before he came into possession of it; therefore, invalid service)
  • General Motors Corp. v. Iracheta, 90 S.W.3d 725 (Tex. App.--San Antonio 2002) (affirming $12.2 million verdict based on defective design of fuel system in crashworthiness case), rev’d, 161 S.W.3d 462 (Tex. 2005)
  • Zapata Co. Appraisal District v. Coastal Oil & Gas Corp., 90 S.W.3d 847 (Tex. App.--San Antonio 2002, pet. denied) (affirmed trial court’s valuation of working interest in oil and gas leases for ad valorem tax purposes)
  • Liu v. City of San Antonio, 88 S.W.3d 737 (Tex. App.--San Antonio 2002, pet. denied) (City’s response to employee’s grievance did not create a contract and City employees were entitled to immunity under statute where plaintiff brought claims against City that were disposed of by judgment)
  • R & R Contractors v. Torres, 88 S.W.3d 685 (Tex. App.--Corpus Christi 2002, no pet.) (remanded for application of new statutory scheme for exemplary damages requiring proof by clear and convincing evidence)
  • In re U-Haul International, Inc., 87 S.W.3d 653 (Tex. App.--San Antonio 2002, orig. proceeding) (manufacturer and insurer not single business enterprise; therefore, sanctions not warranted)
  • Mazuca v. Schumann, 82 S.W.3d 90 (Tex. App.--San Antonio 2002, pet. denied) (judgment for legal malpractice reversed as to DTPA damages and affirmed on negligence)
  • GreenPoint Credit Corp. v. Perez, 75 S.W.3d 40 (Tex. App.--San Antonio 2002) ($10 million punitive damage award reversed and rendered), vacated without op.
  • SBC Operations, Inc. v. The Business Equation, 75 S.W.3d 462 (Tex. App.--San Antonio 2001, pet. denied) (reversing $16 million verdict based on breach of contract and fraud and rendering a take nothing judgment because plaintiffs failed to meet lost profits “reasonable certainty” test)
  • West Teleservices, Inc. v. Carney, 75 S.W.3d 455 (Tex. App.--San Antonio 2001, no pet.) (reversing order granting class certification based on predominance of individual issues)
  • West Teleservices, Inc. v. Carney, 37 S.W.3d 36 (Tex. App. -- San Antonio 2000, no pet.) (reversed certification order that failed to comply with Southwestern Refining Co. v. Bernal in that, inter alia, it did not identify causes of action)
  • Garza v. Garcia, 70 S.W.3d 362 (Tex. App.--Corpus Christi 2002) (reversing trial court’s grant of defendant’s motion to transfer venue), rev’d, 137 S.W.3d 36 (Tex. 2004)
  • Williams v. Razor Enterprises, Inc., 70 S.W.3d 274 (Tex. App.--San Antonio 2002, no pet.) (rejecting constitutional attacks on exclusivity provisions of Texas Workers’ Compensation Act)
  • Cleveland Trencher Co.v. TransTexas Transmission Co., 2002 WL 31272366 (Tex. App.--San Antonio, Sept. 30, 2002, no pet.) (not designated for publication) (construing settlement agreement to require monetary damages, not discounts from orders)
  • In re Steger Energy Corp., 2002 WL 663645 (Tex. App. -- San Antonio, Apr. 24, 2002, orig. proceeding) (not designated for publication) (granting mandamus petition and holding that arbitration agreement was enforceable under the FAA and that defenses went to agreement as a whole, rather than to arbitration provision specifically, and thus were referable to arbitration, as well)
  • Ranchers & Farmers Mutual Insurance Co. v. International Bancshares, 2002 WL 358203 (Tex. App.--San Antonio, Mar. 6, 2002, pet. denied) (not designated for publication) (reversing trial court’s judgment notwithstanding the verdict and reinstating jury’s verdict in a breach of contract case involving payment of premiums)
  • Pappas Telecasting Cos. v. Lee Enterprises, Inc., 2002 WL 59693 (Tex. App.--El Paso, Jan. 17, 2002, pet. denied) (not designated for publication) (affirming trial court’s grant of summary judgment against putative purchaser of television station on claims for breach of contract, breach of fiduciary duty, constructive fraud, and misrepresentation)
  • Helm v. Swan, 61 S.W.3d 493 (Tex. App.--San Antonio 2001, pet. denied) (affirming summary judgment in favor of hospital based on Daubert/Robinson exclusion of standard of care and causation expert witnesses)
  • Star Enterprises, Inc. v. Marze, 61 S.W.3d 449 (Tex. App.--San Antonio 2001, pet. denied) (affirming the trial court’s judgment and rejecting arguments that separate jury question regarding causation of death was required, that trial court erroneously excluded testimony regarding causation, and that evidence was insufficient to support jury’s premises liability findings)
  • In re Learjet Inc., 59 S.W.3d 842 (Tex. App.--Texarkana 2001, orig. proceeding) (videos used in mediation discoverable as witness statements)
  • In re Bro Bro Properties, Inc., 50 S.W.3d 528 (Tex. App.--San Antonio 2000, orig. proceeding) (absence of evidence on non-suit of certain defendants rendered default judgment interlocutory such that trial court had continuing jurisdiction to entertain motion for new trial)
  • Eslon Thermoplastics v. Dynamic Systems, Inc., 49 S.W.3d 891 (Tex. App.--Austin 2001, no pet.) (holding that incorporation of equipment as part of construction process constituted “work” so as to make applicable waiver of subrogration clause, but reversing summary judgment grant for resolution of fact issue as to whether work was performed under contract containing waiver clause)
  • Traylor Brothers, Inc. v. Garcia, 49 S.W.3d 430 (Tex. App.--San Antonio 2001, pet. denied) (general contractor owed no duty to employee of subcontractor)
  • City of San Antonio v. San Antonio Express-News, 47 S.W.3d 556 (Tex. App.--San Antonio 2000, pet. denied) (police use of force reports not exempt from Freedom of Information Act)
  • Martinez v. VIA Metropolitan Transit Authority, 38 S.W.3d 173 (Tex. App.--San Antonio 2000, no pet.) (rejecting claims that governmental entity was negligent in its use of a motor vehicle or of tangible personal property and, thus, preserving governmental immunity)
  • CIGNA Lloyds Insurance Co. v. Bradley’s Electric, Inc., 33 S.W.3d 102 (Tex. App.--Corpus Christi 2000, pet. denied) (advertising coverage did not include liability for patent infringement)
  • Longaker v. Evans, 32 S.W.3d 725 (Tex. App.--San Antonio 2000, pet. dism’d) (regardless of ownership, the possessory right of a co-signatory on a joint account negates the wrongfulness essential to conversion; evidence did not support findings of fraud, fiduciary breach or negligence; bequest of “corporate stocks and bonds” included mutual funds and municipal bonds)
  • Edwards v. Silva, 32 S.W.3d 713 (Tex. App.--San Antonio 2000, pet. denied) (affirmed summary judgment, holding that employer owed employee no duty to prevent employee from injuring himself due to intoxication and, in capacity as corporate officer, manager had no duty separate and apart from employer’s duty)
  • Wal-Mart, Inc. v. Garcia, 30 S.W.3d 19 (Tex. App.--San Antonio 2000, no pet.) (evidence supported negligence finding against Wal-Mart)
  • Wende v. Board of Adjustment of City of San Antonio, 27 S.W.3d 162 (Tex. App.--San Antonio 2000) (City of San Antonio Board of Adjustment abused its discretion in allowing quarry to operate as non-conforming user), rev’d, 92 S.W.3d 424 (Tex. 2002)
  • Gainsco County Mutual Insurance Co. v. Martinez, 27 S.W.3d 97 (Tex. App.--San Antonio 2000, pet. dism’d) (holding that jury’s award of damages for future physical impairment did not conflict with failure to award damages for past physical impairment; that jury’s awards of medical expenses and damages for loss of earning capacity and future physical impairment did not conflict with failure to award damages for physical pain and mental anguish; holding that admission of officer’s testimony on accident reconstruction issues was harmless error; rejecting other challenges to admission and exclusion of evidence; and rejecting legal and factual insufficiency challenges)
  • USAA Casualty Insurance Co. v. Balderas, 27 S.W.3d 71 (Tex. App.--San Antonio 2000, pet. denied) (settlement correspondence created fact issue as to whether an agreement was reached)
  • Harris v. Balderas, 27 S.W.3d 71 (Tex. App.--San Antonio 2000, pet. dism’d) (evidence of a settlement agreement requiring reversal of a summary judgment declaring that no agreement was made)
  • Matthiessen v. Schaefer, 27 S.W.3d 25 (Tex. App.--San Antonio 2000, pet. denied) (DTPA judgment reversed because of defective submission of the discovery rule for accrual of the cause of action)
  • Foust v. Estate of Walters, 21 S.W.3d 495 (Tex. App.--San Antonio 2000, pet. denied) (holding that FIFRA does not preempt farmers’ claims arising from neighbor’s application of herbicide)
  • Rodriguez v. United Van Lines, 21 S.W.3d 382 (Tex. App.--San Antonio 2000, pet. denied) (“branded car” doctrine insufficient to create jury question in absence of evidence connecting the brand to the defendant)
  • Serna v. H.E. Butt Grocery Co., 21 S.W.3d 330 (Tex. App.--San Antonio 1999, no pet.) (affirming order of dismissal for lack of jurisdiction; plaintiff failed to exhaust remedies available under the Texas Tax Code)
  • In re H.E. Butt Grocery Co., 17 S.W.3d 360 (Tex. App.--Houston [14th Dist.] 2000, orig. proceeding) (conditionally granting petition for writ of mandamus directing trial court to vacate order denying motion to compel arbitration)
  • Pecan Valley Nut Co., Inc. v. E.I. du Pont de Nemours & Co., 15 S.W.3d 244 (Tex. App.--Eastland 2000, pet. dism’d) (take nothing summary judgment based on limitations in a Benlate case, reversed as to DTPA, affirmed as to consumer law theory)
  • Spradlin v. Jim Walter Homes, Inc., 9 S.W.3d 473 (Tex. App.--Dallas 2000) (plain language of recent revisions to Tex. Const. homestead provisions does not extend additional procedural protections to liens for the construction of new improvements), aff’d, 34 S.W.3d 578 (Tex. 2000)
  • Ford Motor Co. v. Aguiniga, 9 S.W.3d 252 (Tex. App.--San Antonio 2000, pet. denied) (affirming recovery in products liability case that involved deaths resulting from power loss and rolling down a mountainside in Mexico)
  • Chromalloy Gas Turbine Corp. v. United Technologies Corp., 9 S.W.3d 324 (Tex. App.--San Antonio 1999, pet. denied) (affirming denial of injunctive relief under the Texas Antitrust Statute despite liability finding)
  • In re Southwestern Bell Telephone Co., 6 S.W.3d 753 (Tex. App.--Corpus Christi 1999, orig. proceeding) (finding venue transfer during bankruptcy stay was void as to debtor and holding that a severance was required to effectuate a transfer as to remaining defendants), subsequent mandamus at 35 S.W.3d 602 (Tex. 2000) (orig. proceeding) (per curiam)
  • Boustany v. Monsanto Co., 6 S.W.3d 596 (Tex. App.--Houston [1st Dist.] 1999), (holding that Monsanto failed to meet its summary judgment burden to demonstrate that its interpretation of stock option agreements under Delaware law was only one as a matter of law; and that forum’s statute of limitations provisions apply to suit pending in forum and, therefore, suit not barred), rev’d, 73 S.W.3d 225 (Tex. 2002)
  • Schorp v. Baptist Memorial Health System, 5 S.W.3d 727 (Tex. App.--San Antonio 1999, no pet.) (affirming dismissal of health care liability claims for failure to timely file expert report; court rejected challenge to constitutionality of statute and applicability of res ipsa loquitur)
  • Pegasus Energy Group, Inc. v. Cheyenne Petroleum Co., 3 S.W.3d 112 (Tex. App.--Corpus Christi 1999, pet. denied) (affirming judgment for breach of contract and attorneys’ fees (in excess of amount of damages); court modified prejudgment interest award to provide for simple rather than compound interest)
  • Lowe v. Farm Credit Bank, 2 S.W.3d 293 (Tex. App.--San Antonio 1999, pet. denied) (affirming summary judgment motion against bill of review plaintiff seeking to set aside default judgment because no service and all necessary parties not joined)
  • Aguirre v. South Texas Blood & Tissue Center, 2 S.W.3d 454 (Tex. App.--San Antonio 1999, pet. denied) (op. on reh’g) (affirmed no-evidence summary judgment in favor of blood bank in transfusion-related AIDS case; court held there was no evidence of causation and no basis for spoliation presumption)
  • Willis v. Tom Benson Chevrolet Co., Inc., 995 S.W.2d 729 (Tex. App.--San Antonio 1999, no pet.) (reversing judgment for intentional infliction of emotional distress and rendering take nothing judgment because of a lack of legally sufficient evidence of severe emotional distress; reversing a directed verdict for defendant on causes of action for negligent hiring, retention, training, and supervision and remanding those causes of action for further proceedings because they are not preempted by the Texas Commission on Human Rights Act)
  • A.W. Wright & Associates, P.C. v. Glover, Anderson, Chandler & Uzick, L.L.P., 993 S.W.2d 466 (Tex. App.--Houston [14th Dist.] 1999, pet. denied) (reversed summary judgment in favor of law firm who refused to honor referral agreement because referring attorney was disbarred; court recognized question of fact regarding whether referring attorney completed obligations under contract prior to disbarment)
  • CIGNA Lloyds Insurance Co. v. Bradley’s Electric, Inc., 993 S.W.2d 673 (Tex. App.--Corpus Christi 1998) (summary judgment declaring coverage for patent infringement reversed for improper venue), rev’d, 995 S.W.2d 675 (Tex. 1999)
  • H.E. Butt Grocery Co. v. Resendez, 989 S.W.2d 768 (Tex. App.--Corpus Christi 1997) (jury verdict affirmed in premise liability case because of sufficient evidence of unreasonably dangerous condition), rev’d, 988 S.W.2d 218 (Tex. 1999)
  • Commercial Union Assurance Co. v. Silva, 988 S.W.2d 798 (Tex. App.--San Antonio 1999, no pet. h.) (reversing default judgment and remanding for further proceedings because plaintiffs failed to properly serve the defendant surplus lines insurers)
  • Green Tree Financial Corp. v. Garcia, 988 S.W.2d 776 (Tex. App.--San Antonio 1999, no pet.) (reversing $2.25 million exemplary damage recovery because of failure to obtain predicate jury finding for imposition of punitive damages against corporation)
  • Farias v. Laredo National Bank, 985 S.W.2d 465 (Tex. App.--San Antonio 1997, pet. denied) (trial court’s j.n.o.v. affirmed because legally insufficient evidence to avoid statute of limitations bar)
  • Allright San Antonio Parking, Inc. v. Kendrick, 981 S.W.2d 250 (Tex. App.--San Antonio 1998, no pet.) (reversing $4.7 million judgment against premises owner because criminal act of third party not foreseeable)
  • McCaughtry v. Barwood Homes Association, 981 S.W.2d 325 (Tex. App.--Houston [14th Dist.] 1998, pet. denied) (take-nothing summary judgment affirmed as to premises liability, reversed as to claim of safety code violation)
  • Kahlig v. Boyd, 980 S.W.2d 685 (Tex. App.--San Antonio 1998, pet. denied) (take-nothing judgment n.o.v. affirmed because attorney’s affair with client’s spouse insufficient to support findings of fraud and DTPA violation)
  • Rivas v. Garibay, 974 S.W.2d 93 (Tex. App.--San Antonio 1998, pet. denied) (reverse and remand for failure to submit instruction on reasonableness and necessity of medical expenses)
  • Cox & Smith Inc. v. Cook, 974 S.W.2d 217 (Tex. App.--San Antonio 1998, pet. denied) (reversing and rendering take-nothing judgment on statutory claim of retaliatory firing; verdict not supported by evidence)
  • Ghidoni v. Stone Oak, Inc., 966 S.W.2d 573 (Tex. App.--San Antonio 1998, pet. denied) (breach of contract verdict reversed because counsel for plaintiff was disqualified by conflict of interest)
  • Louisiana-Pacific Corp. v. Andrade, 964 S.W.2d 944 (Tex. App.--Beaumont 1998) (affirming $2.5 million exemplary damage award based on evidence of defendant’s awareness of extreme risk of harm),rev’d, 19 S.W.3d 245 (Tex. 1999)
  • Cardenas v. Continental Insurance Co., 960 S.W.2d 401 (Tex. App.--Corpus Christi 1998, pet. denied) (affirming take-nothing judgment where workers’ compensation claimant waived right to contest benefit review conference determination)
  • H. E. Butt Grocery Co. v. Pais, 955 S.W.2d 384 (Tex. App.--San Antonio 1997, no pet.) (reversing trial court’s reformation of judgment in absence of unanimous error by jury)
  • Gray v. H.E.B. Food Store #4, 941 S.W.2d 327 (Tex. App.--Corpus Christi 1997, writ denied) (summary judgment on defamation reversed due to material fact issue raised by context of conversation between plaintiff and check-out clerk)
  • Pitman v. Lightfoot, 937 S.W.2d 496 (Tex. App.--San Antonio 1996, writ denied) (evidence supported verdict and judgment for plaintiffs on contract and limitations issues)
  • Rodriguez v. Texas Employment Commission, 936 S.W.2d 67 (Tex. App.--San Antonio 1996, no writ) (substantial evidence supported decision of Commissioner favoring employer in dispute over ground for termination)
  • Esquivel v. Mapelli Meat Packing Co., 932 S.W.2d 612 (Tex. App.--San Antonio 1996, writ denied) (summary judgment based on borrowed servant affirmed)
  • City of San Antonio v. Heim, 932 S.W.2d 287 (Tex. App.--Austin 1996, writ denied) (requisites of liability under Texas Whistleblower Act, jury charge, punitive damages)
  • America’s Favorite Chicken Co. v. Samaras, 929 S.W.2d 617 (Tex. App.--San Antonio 1996, writ denied) (breach of employment contract jury verdict affirmed)
  • H. E. Butt Grocery Co. v. Bilotto, 928 S.W.2d 197 (Tex. App.--San Antonio 1996) (trial court did not abuse discretion by instructing jury as to effect of 51% contributory negligence bar because instruction is endorsed by Texas Pattern Jury Charge and allowed by Texas Rule of Civil Procedure), aff’d, 985 S.W.2d 22 (Tex. 1998)
  • United Independent School District v. Gonzalez, 911 S.W.2d 118 (Tex. App.--San Antonio 1995, no writ) (reversing trial court’s judgment to reinstate expelled student; substantial evidence supported trustees’ decision affirming expulsion)
  • Ramirez v. H. E. Butt Grocery Co., 909 S.W.2d 62 (Tex. App.--Waco 1995, writ denied) (upholding jury instructions in premises liability on harmless error doctrine and affirming directed verdict denying DTPA claim)
  • Alvarado v. Hyundai Motor Co., 908 S.W.2d 243 (Tex. App.--San Antonio 1995) (common law liability for seatbelt design not pre-empted by federal law), rev’d, 974 S.W.2d 1 (Tex. 1998)
  • Matthiessen v. Schaefer, 900 S.W.2d 792 (Tex. App.--San Antonio 1995, writ denied) (preservation of appellate complaint for jury charge error)
  • County of Maverick v. Ruiz, 897 S.W.2d 843 (Tex. App.--San Antonio 1995, no writ) (inapplicability of Texas constitutional provision prohibiting dual emolument)
  • Matthiessen v. Schaefer, 897 S.W.2d 825 (Tex. App.--San Antonio) (evidentiary standard for attorney fees recoverable in turnover order), rev’d, 915 S.W.2d 479 (Tex. 1995)
  • Morales v. Employers Casualty Co., 897 S.W.2d 866 (Tex. App.--San Antonio 1995, writ denied) (district court petition seeking judicial review of Workers Compensation Commission’s decision must be filed 40 days after issuance of Commission’s decision, rather than 40 days after actual notice of decision)
  • Alvarado v. Hyundai Motor Co., 885 S.W.2d 167 (Tex. App.--San Antonio 1994, rev’d) (nonsuit effectively dismisses claims previously adjudicated by partial summary judgment)
  • Southern Life & Health Insurance Co. v. Alfaro, 875 S.W.2d 740 (Tex. App.--San Antonio 1994, no writ) (despite material fact issue concerning liability at time company denied coverage, court would not disturb jury’s findings that company refused payment after liability became reasonably clear)
  • Regalado v. H.E. Butt Grocery Co., 863 S.W.2d 107 (Tex. App.--San Antonio 1993, no writ) (employment agency worker under control of borrowing employer held to be statutorily barred from asserting common law damage claim against borrowing employer)
  • Edgewood Independent School District v. Paiz, 856 S.W.2d 269 (Tex. App.--San Antonio 1993, no writ) (temporary injunction held to be erroneous because it changed the status quo and held to be void in the absence of a bond)
  • Browning-Ferris, Inc. v. Reyna, 852 S.W.2d 540 (Tex. App.--San Antonio 1992) (tortious interference finding upheld on basis of “civil conspiracy” evidence found to be non-existent by trial court, which granted unassailed directed verdict on civil conspiracy cause of action), rev’d, 865 S.W.2d 925 (Tex. 1993)
  • Garza v. The Southland Corporation, 836 S.W.2d 214 (Tex. App.--Houston [14th Dist.] 1992, no writ) (plaintiffs waived error concerning court’s submission of contract question by failing to properly object; refusal to grant trial amendment was harmless error)
  • General Motors Corp. v. Evins, 830 S.W.2d 355 (Tex. App.--Corpus Christi 1992, orig. proceeding) (when a judge is faced with a recusal motion, he must either hold hearing to determine if he will recuse himself or refer case to administrative judge)
  • Poole v. Westchester Fire Insurance Co., 830 S.W.2d 183 (Tex. App.--San Antonio 1992, writ denied) (summary judgment reversed because carrier failed to prove as a matter of law that: (1) worker’s compensation claimant’s transportation was not furnished or paid by employer and (2) claimant was not in furtherance of employer’s business at time he sustained injury)
  • Walker v. Federal Kemper Life Assurance Co., 828 S.W.2d 442 (Tex. App.--San Antonio 1992, writ denied) (life insurance policy lapsed for non-payment of premium; insurer was not insured’s agent for payment of premiums pursuant to preauthorized check plan)
  • Smith v. Holley, 827 S.W.2d 433 (Tex. App.--San Antonio 1992, writ denied) (employees’ authorization for release of information constituted absolute privilege to publish defamatory matter against employee)
  • Baptist Memorial Hospital System v. Smith, 822 S.W.2d 67 (Tex. App.--San Antonio 1991, writ denied) (ostensible agency and agency by estoppel are recognized in Texas as appropriate theories of liability against hospitals as owners and operators of emergency rooms)
  • GTE Communications Systems Corp. v. Curry, 819 S.W.2d 652 (Tex. App.--San Antonio 1991, orig. proceeding) (mandamus issued to vacate sanctions order not in compliance with Rule 13)
  • Monarch Homes, Inc. v. Candlewood Joint Venture, 817 S.W.2d 768 (Tex. App.--San Antonio 1991, no writ) (trial court erred in refusing to vacate interlocutory default judgment because offensive conduct giving rise to default could not be attributed to defendant and court failed to consider lesser sanctions)
  • Wilhite v. H.E. Butt Grocery Co., 812 S.W.2d 1 (Tex. App.--Corpus Christi 1991, no writ) (trial court properly exercised discretion to shorten period within which to respond to summary judgment motion; affirming judgment on defamation based on jury’s verdict because plaintiffs failed to bring forth sufficient record for appellate review)
  • State v. Krager, 810 S.W.2d 450 (Tex. App.--San Antonio 1991, pet. ref’d.) (State is not required to re-certify breath-testing equipment as predicate to admission of test results after change to intoxilyzer)
  • Ware v. Ware, 809 S.W.2d 569 (Tex. App.--San Antonio 1991, no writ) (post-divorce partition action was authorized when trial court in former divorce proceeding failed to provide for disposition of real estate in event parties could not agree on price)
  • R.L. Jones Co., Inc. v. City of San Antonio, By and Through City Public Service Board, 809 S.W.2d 565 (Tex. App.--San Antonio 1991, no writ) (indemnitee who seeks to establish right to indemnity through summary judgment has burden of proving it was not negligent as a matter of law)
  • De Los Santos v. Southwest Texas Methodist Hospital, 802 S.W.2d 749 (Tex. App.--San Antonio 1990, no writ) (medical malpractice actions are governed by absolute two-year limitation period)
  • Terry v. Garcia, 800 S.W.2d 854 (Tex. App.--San Antonio 1990, writ denied) (defendant’s failure to stop at red light, without more, was legally insufficient to support gross negligence finding -- reversing $200,000 punitive damages award)
  • Garza-Vale v. Kwiecien, 796 S.W.2d 500 (Tex. App.--San Antonio 1990, writ denied) (absent notice by tenant to landlord of specified unsafe condition, landlord has no duty to take remedial action)
  • EDCO Production, Inc. v. Hernandez, 794 S.W.2d 69 (Tex. App.--San Antonio 1990, writ denied) (operator of oil lease owes duty to independent contractor’s employee to eliminate or disclose hidden danger on premises, without regard to whether operator retained control over employee’s activities)
  • Lawson-Avila Construction, Inc. v. Stoutamire, 791 S.W.2d 584 (Tex. App.--San Antonio 1990, writ denied) (general contractor’s retention of control over work of independent contractor imposed legal duty of care to independent contractor’s employees)
  • King v. Evans, 791 S.W.2d 531 (Tex. App.--San Antonio 1990, writ denied) (whether property used in partnership operation is owned by partnership is question of intention; risk of operating partnership business after dissolution falls on continuing partner)
  • Ritter v. Delaney, 790 S.W.2d 29 (Tex. App.--San Antonio 1990, writ denied) (only operating physician, and not hospital or non-operating physician, has duty to obtain patient’s informed consent prior to surgery)
  • Perry v. Aggregate Plant Products Co., 786 S.W.2d 21 (Tex. App.--San Antonio 1990, writ denied) (fact issue concerning when product entered stream of commerce precluded summary judgment based on application of Indiana law)
  • Garcia v. General Motors Corp., 786 S.W.2d 12 (Tex. App.--San Antonio 1990, no writ) (setting aside order issued by trial court after expiration of plenary power)
  • Edinburg Consolidated Independent School District v. St. Paul Insurance Co., 783 S.W.2d 610 (Tex. App.--Corpus Christi 1989, writ denied) (insurance policy covering District’s trustees does not automatically provide coverage to District)
  • Naranjo v. Southwest Independent School Dist., 777 S.W.2d 190 (Tex. App.--San Antonio 1989, writ denied) (governmental immunity bars suit against school district and its employee for negligence in supervision of student injured in auto mechanics course)
  • Prezelski v. Christiansen, 775 S.W.2d 764 (Tex. App.--San Antonio 1989) (permitting defendant to call expert witnesses out of order before plaintiff had opportunity to cross-examine defendant resulted in materially unfair trial), rev’d, 782 S.W.2d 842 (Tex. 1990)
  • Garcia Distributing, Inc. v. Fedders Air Conditioning, 773 S.W.2d 802 (Tex. App.--San Antonio 1989, writ denied) (eventual compliance with proper discovery beyond deadline for response does not make trial court’s imposition of sanctions an abuse of discretion)
  • Haring v. Bay Rock Corp., 773 S.W.2d 676 (Tex. App.--San Antonio 1989, no writ) (common law indemnity has been abolished except with respect to liability of purely vicarious nature; statutory contribution permitted judgment debtor to sue person, who was not party to primary suit, to establish judgment debtor’s contribution rights)
  • Wright v. Brooks, 773 S.W.2d 649 (Tex. App.--San Antonio 1989, writ denied) (trial court’s compliance with rules regarding request for jury trial was not abuse of discretion, even if party is not given proper notice of non-jury setting)
  • Carjan Corp. v. Sonner, 765 S.W.2d 553 (Tex. App.--San Antonio 1989, no writ) (service of citation on non-resident defendant was ineffective because record did not establish that citation was forwarded to defendant’s home office as required by statute)
  • Sterling Drilling Co. v. Spector, 761 S.W.2d 74 (Tex. App.--San Antonio 1988, orig. proceeding) (trial court did not abuse discretion in ordering defendant to produce statements taken by attorney during investigation of accident -- no evidence that attorney, who investigated incident prior to lawsuit, was acting on behalf of defendant)
  • H.E. Butt Grocery Co. v. Williams, 751 S.W.2d 554 (Tex. App.--San Antonio 1988, orig. proceeding) (trial court abused discretion in ordering production of defendant’s investigative file since defendant had good cause to believe suit would be filed)
  • Trevino v. Gonzalez, 749 S.W.2d 221 (Tex. App.--San Antonio 1988, writ denied) (evidence supported award of land by adverse possession)
  • Cassingham v. Lutheran Sunburst Health Service, 748 S.W.2d 589 (Tex. App.--San Antonio 1988, no writ) (hospital failed to establish as matter of law that person given access to plaintiff’s medical records participated in provision of medical care to plaintiff in accordance with Medical Practice Act)
  • Price v. City of San Marcos, 744 S.W.2d 349 (Tex. App.--Austin 1988, writ denied) (application of ethics ordinance to city official which led to removal from office did not deprive official of due process or right of free speech)
  • Williams v. Good Health Plus, Inc. -- Healthamerica Corp. of Texas, 743 S.W.2d 373 (Tex. App.--San Antonio 1988, no writ) (corporation cannot be held liable for misdiagnosis or medical mistreatment since it is incapable of practicing medicine in Texas)
  • State v. Knapp, 740 S.W.2d 809 (Tex. App.--El Paso 1987) (condemnee was not judicially estopped from claiming market value over that asserted to prior inverse condemnation suit against city), set aside, 742 S.W.2d 279 (Tex. 1987)
  • Austin v. Rosenberg, 740 S.W.2d 62 (Tex. App.--San Antonio 1987, writ denied) (trial court abused discretion by dismissing case for want of prosecution during pendency of and contrary to another judge’s order)
  • Texas Employers’ Insurance Association v. Tobias, 740 S.W.2d 1 (Tex. App.--San Antonio 1986, writ denied) (res judicata barred lawsuit contesting claimant’s entitlement to worker’s compensation benefits even though judgment establishing entitlement was based on impermissibly relitigated claim sanctioned by erroneous court of appeals’ opinion)
  • Valdina Farms, Inc. v. Brown, Beasley & Associates, Inc., 733 S.W.2d 688 (Tex. App.--San Antonio 1987, no writ) (lender is entitled to present letter of credit for earnest money upon non-satisfaction of conditions for loan commitment; lender may recover attorneys’ fees for successful prosecution of counterclaim based on contract)
  • Texas Employers’ Insurance Association v. Beattie, 733 S.W.2d 700 (Tex. App.--San Antonio 1987, writ ref’d n.r.e.) (insurer was denied right to fair and impartial jury where its motion for supplementary voir dire was denied after jurors had served in another worker’s compensation case with same defendant and similar facts)
  • North River Insurance Co. v. Purdy, 733 S.W.2d 630 (Tex. App.--San Antonio 1987, no writ) (risk that claimant would sustain injury while staying in motel was reasonably incident to conduct of employer’s business; therefore, worker was entitled to benefits for injuries arising in course of employment)
  • Crawford v. Kelly Field National Bank, 733 S.W.2d 624 (Tex. App.--San Antonio 1987, no writ) (compromise settlement agreement between payee, maker, seller in which parties discharged each other of liability did not release maker from obligation on note given as consideration for transfer of title)
  • Perfection Casting Corp. v. Aluminum Alloys, Inc., 733 S.W.2d 385 (Tex. App.--San Antonio 1987, no writ) (failure to appear for trial to urge setting of case on jury docket waives right to jury trial)
  • Summit Savings Association v. Garcia, 727 S.W.2d 106 (Tex. App.--San Antonio 1987, orig. proceeding) (court of appeals was without jurisdiction to issue writ of mandamus because:  1) jurisdiction was not invoked by filing of cost bond; 2) respondent was not a judge; and 3) case did not involve election or political convention)
  • Northeast Independent School District v. Hayes, 727 S.W.2d 25 (Tex. App.--San Antonio 1987, no writ) (worker’s continued employment does not preclude finding of total and permanent disability)
  • Penwell v. Barrett, 724 S.W.2d 902 (Tex. App.--San Antonio 1987, no writ) (oral contract for sale of land was removed from statute of frauds by plaintiff’s payment of consideration, possession of the property, and making of permanent improvements upon the land)
  • Crawford v. Kelly Field National Bank, 724 S.W.2d 899 (Tex. App.--San Antonio 1987, no writ) (trial court may not strike pleadings of appellant as a post-judgment discovery sanction after its plenary power to vacate or modify the judgment has expired)
  • Block v. Employers Casualty Co., 723 S.W.2d 173 (Tex. App.--San Antonio 1986) (insurer cannot collaterally attack consent judgment when it had notice of suit and opportunity to defend, but wrongfully failed to provide defense), aff’d, 744 S.W.2d 940 (Tex. 1988)
  • Medical Protective Co. v. Glanz, 721 S.W.2d 382 (Tex. App.--Corpus Christi 1986, writ ref’d) (once party has violated processes described in discovery rules, trial court has discretion to choose among list of sanctions to impose; no abuse in court’s choice of striking pleadings)
  • Corpus v. KJ Oil Co., 720 S.W.2d 672 (Tex. App.--Austin 1986, writ ref’d n.r.e.) (occupier of premises has no duty to see that independent contractor performs work in safe manner; occupier demonstrated as a matter of law no retention of right to control employees of independent contractor)
  • Smith v. Baptist Memorial Hospital System, 720 S.W.2d 618 (Tex. App.--San Antonio 1986, writ ref’d n.r.e.) (material fact issue existed as to relationship between doctor and hospital so that question of ostensible agency must be submitted to jury)
  • Al-Jazrawi v. Texas Board of Land Surveying, 719 S.W.2d 670 (Tex. App.--Austin 1986, writ ref’d n.r.e.) (denial of plaintiff’s application to become public surveyor was not appealed through administrative channels; accordingly, the matter cannot be re-adjudicated)
  • Klorer v. Block, 717 S.W.2d 754 (Tex. App.--San Antonio 1986, writ ref’d n.r.e.) (that deposition lacks signature is not itself grounds for suppression; evidence of prior similar falls is probative provided prior falls arise out of same inanimate cause or condition)
  • Olivares v. Cauthorn, 717 S.W.2d 431 (Tex. App.--San Antonio 1986, writ dism’d) (fundamental error is shown only when record demonstrates on its face that court lacked jurisdiction or that public interest is directly and adversely affected; in absence of statement of facts, appellate court presumed evidence supports trial court’s judgment)
  • Levermann v. Cartall, 715 S.W.2d 728 (Tex. App.--San Antonio 1986, writ ref’d n.r.e.) (seventeen-year period of inactivity creates presumption that plaintiff failed to prosecute cause with due diligence; trial court did not abuse discretion in dismissing for want of prosecution)
  • Ceco Corp. v. Steves Sash & Door Co., Inc., 714 S.W.2d 322 (Tex. App.--San Antonio 1986) (judgment for plaintiff on sworn account reversed and rendered because interest charged during interest-free period constituted usury), aff’d in part & rev’d in part, 751 S.W.2d 473 (Tex. 1988)
  • Travelers Insurance Co. v. Seidel, 705 S.W.2d 278 (Tex. App.--San Antonio 1986, writ dism’d) (settlement between worker’s estate and third-party tortfeasor, reached without consent of employer’s carrier which had paid death benefits to defendant’s representative, was unlawful and rendered tortfeasor and his insurer liable to carrier for sum paid in settlement to representatives)
  • Wyatt v. General Motors Corp., 703 S.W.2d 708 (Tex. App.--Corpus Christi 1985, writ dism’d) (action for breach of implied warranty accrues when breach occurs, regardless of aggrieved party’s lack of knowledge of the breach)
  • Angeles Garay v. Texas Employers’ Insurance Association, 700 S.W.2d 657 (Tex. App.--Corpus Christi 1985, no writ) (jury’s failure to answer question on duration of total incapacity was ; court erred in failing to grant claimant’s motion for mistrial)
  • Tijerina v. Wennermark, 700 S.W.2d 342 (Tex. App.--San Antonio 1985, no writ) (defendant attorney was qualified to offer expert opinion to establish standard of competency for legal representation in his locale; defendant conclusively established absence of injury to plaintiff)
  • Kyle v. Stone, 699 S.W.2d 578 (Tex. App.--Texarkana 1985, writ ref’d n.r.e.) (judgment for City in taxpayer suit affirmed because under its charter, City was not required to include entire budget surplus from previous fiscal year in computing ad valorem tax rate)
  • St. Paul Fire & Marine Insurance Co. v. Daughtry, 699 S.W.2d 321 (Tex. App.--San Antonio 1985, writ ref’d n.r.e.) (although legal title to property is not required to establish insurable interest, insured must either derive pecuniary benefit from its continued existence or suffer pecuniary loss from its destruction)
  • Chasewood Construction Co. v. Rico, 696 S.W.2d 439 (Tex. App.--San Antonio 1985, writ ref’d n.r.e.) (it was error to instruct jury that negative answers to questions upon which plaintiff has burden of proof must be based on preponderance of evidence; proof that defendant should have known plaintiff would feel obligated to publish defamatory statement supports defendant’s liability for defamation)
  • Jordan v. Ortho Pharmaceuticals, Inc., 696 S.W.2d 228 (Tex. App.--San Antonio 1985, writ ref’d n.r.e.) (evidence failed to establish conclusively that plaintiff had not received warnings about side effects of oral contraceptive; jury misconduct claim based on deliberative processes of jury does not warrant new trial)
  • Jud Plumbing Shop on Wheels, Inc. v. Jud Plumbing and Heating Co., Inc., 695 S.W.2d 75 (Tex. App.--San Antonio 1985, no writ) (trial court did not abuse discretion in temporarily enjoining defendant from utilizing the name “Jud” since it maintained status quo and was supported by evidence of likelihood that plaintiff would be harmed by use of the name)
  • MMP, Ltd. v. Jones, 695 S.W.2d 208 (Tex. App.--San Antonio 1985) (defendant’s acknowledgment of debt removed debt from operation of statute of limitations and bound partnership to the debt), rev’d, 710 S.W.2d 59 (Tex. 1986)
  • Texas Employers’ Insurance Association v. Olivarez, 694 S.W.2d 92 (Tex. App.--San Antonio 1985, no writ) (trial court’s failure to place burden of proof on either party as to duration of total incapacity was reversible error)
  • Harlan v. Pfeffer, 693 S.W.2d 543 (Tex. App.--San Antonio 1985, no writ) (each defendant’s belief that other had contacted attorney to answer suit was sufficient to show that failure to answer was result of accident or mistake)
  • Martinez v. General Motors Corp., 686 S.W.2d 349 (Tex. App.--San Antonio 1985, no writ) (in determining whether received proper 3-day notice on defendant’s motion to dismiss, neither day of hearing nor day of notice would be counted)
  • In re Estate of Caples, 683 S.W.2d 741 (Tex. App.--Corpus Christi 1984, writ ref’d n.r.e.) (evidence created fact issue as to whether original of decedent’s will was lost or destroyed; if presumption is countered with rebuttal evidence, fact question is presented for jury)
  • Safeguard Security Service, Inc. v. Miller, 679 S.W.2d 699 (Tex. App.--San Antonio 1984, no writ) (appellate court had no jurisdiction on appeal from temporary injunction to determine whether party should be held in contempt for violation of an order sealing records in the underlying cause)
  • Alterman v. Frost National Bank of San Antonio, 675 S.W.2d 619 (Tex. App.--San Antonio 1984, no writ) (evidence sufficient to sustain finding that bank’s letter constituted claim against estate of decedent, although letter did not expressly demand payment of obligations)
  • Ortiz v. H.E. Butt Grocery Co., 673 S.W.2d 660 (Tex. App.--San Antonio 1984, no writ) (res ipsa loquitor does not compel finding of negligence)
  • Bolling v. Baker, 671 S.W.2d 559 (Tex. App.--San Antonio 1984, writ dism’d) (trial court did not err in refusing to define “reckless disregard” in court’s charge in defamation case; in case where actual malice is found, common law presumption of damages applies if statement is slanderous per se)
  • Texas Employers’ Insurance Association v. Tobias, 669 S.W.2d 742 (Tex. App.--San Antonio 1983, writ ref’d n.r.e.) (minor’s claims to redistribution of reversionary worker’s compensation benefits were not barred by res judicata because they did not accrue until their mother was judicially declared ineligible to receive them)
  • UMC, Inc. v. Coonrod Electric Co., Inc., 667 S.W.2d 549 (Tex. App.--Corpus Christi 1983, writ ref’d n.r.e.) (indemnification provision did not expressly require indemnification for indemnitee’s conduct in providing defective product)
  • First State Bank of Bishop v. Frost National Bank of San Antonio, 665 S.W.2d 198 (Tex. App.--San Antonio 1984, no writ) (plaintiff’s failure to timely file appeal bond resulted in dismissal of appeal)
  • Mudd v. Mudd, 665 S.W.2d 128 (Tex. App.--San Antonio 1983, mand. overr.) (amount set by trial court for partial supersedeas bond was excessive; court of appeals has authority to review action of trial court in fixing amount of bond)
  • Dodson v. Seymour, 664 S.W.2d 158 (Tex. App.--San Antonio 1983, no writ) (absent proof of variance between terms of settlement agreement and agreed order, or trial court’s rejection of specific attempts to repudiate agreement, appellate court will presume order properly reflects agreement of parties)
  • Atkin v. Cobb, 663 S.W.2d 48 (Tex. App.--San Antonio 1983, writ dism’d) (plaintiff who seeks specific performance of contract is entitled to damages for injury caused by defendant’s late performance; plaintiff cannot both obtain partial specific performance and “loss of bargain” damages for partial breach)
  • United Pacific Insurance Co. v. Zardenetta, 661 S.W.2d 244 (Tex. App.--San Antonio 1983, orig. proceeding) (trial court abused discretion in refusing to order disqualification of plaintiff’s attorney who might be called as fact witness at trial)
  • Nationwide Mutual Insurance Co. v. Toman, 660 S.W.2d 574 (Tex. App.--San Antonio 1983, no writ) (written release cannot be avoided on grounds that releasor was ignorant of its contents or failed to read it; where writing is not ambiguous, construction thereof is question of law)
  • GATX Leasing Corp. v. DBM Drilling Corp., 657 S.W.2d 178 (Tex. App.--San Antonio 1983, no writ) (customer must establish egregious fraud to enjoin the honoring of otherwise conforming letter of credit; if customer fails to establish fraud, there is no competing liability on the letter of credit which would justify interpleader)
  • Acord v. General Motors Corp., 657 S.W.2d 7 (Tex. App.--San Antonio 1983) (trial court did not err in instructing jury that manufacturer is not insurer of its products), rev’d, 669 S.W.2d 111 (Tex. 1984)
  • Arquette v. Hancock, 656 S.W.2d 627 (Tex. App.--San Antonio 1983, writ ref’d n.r.e.) (action for unconstitutional taking accrues at time of taking and accrual date is not extended by refusal to refund)
  • Barnes v. General Motors Corp., 653 S.W.2d 85 (Tex. App.--San Antonio 1983, writ ref’d n.r.e.) (evidence that refrigerator manifested problem only twice in six years’ use, coupled with absence of evidence of defect at time refrigerator left GM, supported jury’s refusal to find design defect in product liability case)
  • Sunstrand Corp. v. Allied Tanks Service, Inc., 653 S.W.2d 311 (Tex. App.--San Antonio 1983, writ dism’d) (commercial truck was not “consumer good” for purposes of venue determination)
  • Herrera v. Texas Employers’ Insurance Association, 653 S.W.2d 359 (Tex. App.--San Antonio 1983, no writ) (carrier satisfied statutory requisites for bringing suit to set aside Industrial Accident Board award)
  • Apache Ready Mix Co., Inc. v. Creed, 653 S.W.2d 79 (Tex. App.--San Antonio 1983, writ dism’d) (mother can recover mental anguish damages arising from contemporaneous observance of child’s injuries caused by defendant’s negligence)
  • Brown v. Gonzales, 653 S.W.2d 854 (Tex. App.--San Antonio 1983, no writ) (while evidence of Mary Carter agreement is admissible to show settling defendant’s financial interest in judgment for plaintiff, trial court properly excluded actual settlement documents, portions of which contained self-serving hearsay, were prejudicial, and purported to resolve liability and damages issues which were within province of jury; an answer adverse to the party who has burden of proof on an issue requires no support in the evidence)
  • Martinez v. Goodyear Tire & Rubber Co., 651 S.W.2d 18 (Tex. App.--San Antonio 1983, no writ) (plaintiff’s voluntary compliance with request to remain to establish innocence negates essential element of false imprisonment)
  • Morehouse v. Brink, 647 S.W.2d 712 (Tex. App.--Corpus Christi 1983, no writ) (request of filing of findings of fact is not prerequisite to factual sufficiency review; remand in interest of justice because case was not fully developed)
  • Parks & Wildlife Department of State of Texas v. Heldenfels Brothers, Inc., 647 S.W.2d 39 (Tex. App.--San Antonio 1982, no writ) (defective special appearance that subjected it to court’s general jurisdiction)
  • Jimenez v. Maloney, 646 S.W.2d 673 (Tex. App.--San Antonio 1983, writ dism’d) (limitation period is not tolled by reimprisonment; discovery rule inapplicable to legal malpractice actions)
  • Butt v. Gonzalez, 646 S.W.2d 584 (Tex. App.--San Antonio 1983, no writ) (where case has not been fully developed, appellate court may reverse and remand for new trial in the interest of justice)
  • McMillin v. L.D.L.R., 645 S.W.2d 836 (Tex. App.--Corpus Christi 1982, writ ref’d n.r.e.) (doctor assisting another doctor during surgical proceeding had duty to warn other doctor not to perform injurious procedure on patient)
  • Blackwell Burner Co., Inc. v. Cerda, 644 S.W.2d 512 (Tex. App.--San Antonio 1982, writ ref’d n.r.e.) (plaintiff voluntarily exposed himself to danger of injury by using pear burner that he knew carried particular risks; role of presumption is to fix burden on producing evidence -- if opponent produces sufficient evidence of non-existence of presumed fact, jury is not instructed on presumption)
  • St. Paul Insurance Co. v. Rahn, 641 S.W.2d 276 (Tex. App.--Corpus Christi 1982, no writ) (insurer had duty to defend because plaintiff’s allegations stated cause of action that would potentially have come within coverage; insurer cannot relitigate whether insured’s liability was established in “actual trial” -- insurer’s presentation of the issue to trial court invoked res judicata)
  • Royal Indemnity Co. v. Little Joe’s Catfish Inn, Inc., 636 S.W.2d 530 (Tex. App.--San Antonio 1982, no writ) (expert’s opinion is admissible notwithstanding that it may have been based in part on hearsay information; in order for there to be liability for business interruption loss, plaintiff must show actual monetary loss)
  • Gruber v. Texas State Board of Pharmacy, 619 S.W.2d 564 (Tex. Civ. App.--San Antonio 1981, no writ) (appellate court’s prior ruling on untimely appeal bond did not preclude adjudication of merits in subsequent appeal in bill of review action)
  • La Quinta Motor Inns, Inc. v. Schmelig Construction Co., Inc., 617 S.W.2d 827 (Tex. Civ. App.--Houston [14th Dist] 1981, no writ) (trial court erred in sustaining parent company’s special appearance since parent guaranteed subsidiaries' performance of a contract partially performable in Texas)
  • Tobbon v. State Farm Mutual Automobile Insurance Co., 616 S.W.2d 243 (Tex. Civ. App.--San Antonio 1981, writ ref’d n.r.e.) (release, executed for valuable consideration, is binding unless procured by fraud or resulting from mutual mistake; plaintiff was collaterally estopped from relitigating prior determination that insurer did not fail to advise plaintiff that it insured driver of other automobile)
  • DeLeon v. Otis Elevator Co., 610 S.W.2d 179 (Tex. Civ. App.--San Antonio 1980, writ ref’d n.r.e.) (trial court did not err in refusing to instruct jury on non-delegable duty because such principle is purely matter of law for the court; in absence of complete statement of facts, appellate court presumes evidence supports jury’s findings; trial court did not err in refusing to give circumstantial evidence instruction)
  • Webster College v. Speier, 605 S.W.2d 712 (Tex. Civ. App.--Eastland 1980) (damages for mental anguish were not recoverable in DTPA case absent physical injury; trial court erred in admitting into evidence chart prepared by attorney during trial as summary of testimony), aff’d in part & rev’d in part, 616 S.W.2d 617 (Tex. 1981)
  • Woolridge v. Groos Nat. Bank, 603 S.W.2d 335 (Tex. Civ. App.--Waco 1980, no writ) (maker failed to prove failure of consideration of note)
  • Bell Helicopter Co. v. Bradshaw, 594 S.W.2d 519 (Tex. Civ. App.--Corpus Christi 1979, writ ref’d n.r.e.) (judgment for plaintiff modified as to amount of damages and affirmed, holding that:  (1) there was sufficient evidence to support jury’s finding that helicopter was unreasonably dangerous; (2) no precise evidence required for award of future medicals; (3) negligent in failure to warn of fatigue of tail rotor system; (4) no evidence to support finding that seller’s failure to replace rotor system was unconscionable, deceptive trade practice and trebling therefore erroneous; and (5) lost profits cannot be recovered in new and unestablished business because too speculative)
  • Lubbock Manufacturing Co. v. Perez, 591 S.W.2d 907 (Tex. Civ. App.--Waco 1979, writ dism’d) (reformed judgment for plaintiff in products liability case because judgment failed to credit defendant for amounts unconditionally paid into registry of court; further affirmed judgment, holding that:  (1) doctrine of one satisfaction did not bar recovery because plaintiffs had settled with one manufacturer; (2) trial court properly denied plaintiff’s post-verdict amendments seeking to increase damages; and (3) apportionment under comparative percentage statute only applies to negligent defendants, not to strictly liable ones)
  • Hemenway Co., Inc. v. Sequoia Pacific Realco, 590 S.W.2d 545 (Tex. Civ. App.--San Antonio 1979, writ ref’d n.r.e.) (judgment for landlord affirmed because evidence sufficient to establish that supplier had waived landlord’s obligation to require new tenant to assume specific lease with supplier)
  • St. Paul Insurance Co. v. Rahn, 586 S.W.2d 701 (Tex. Civ. App.--Corpus Christi 1979, no writ) (insurer’s petition to intervene filed after final judgment not authorized; therefore, insurer’s appeal dismissed)
  • Kraus v. Alamo National Bank of San Antonio, 586 S.W.2d 202 (Tex. Civ. App.--Waco 1979) (judgment for plaintiff affirmed because:  (1) owner of building liable for employing independent contractor to undertake inherently dangerous task of demolishing building; (2) evidence supported gross negligence finding; (3) OSHA regulations were admissible as relevant to standards of conduct; and (4) exemplary damages awarded sufficiently supported by factors by which such damages are reviewed), aff’d, 616 S.W.2d 908 (Tex. 1981)
  • Chavez v. Murrel’s Welding Works, Inc., 585 S.W.2d 787 (Tex. Civ. App.--San Antonio 1979, no writ) (defendant’s plea of privilege affirmed because in suit for breach of warranty, hot oil truck was not a “consumer good” under subdivision 31)
  • Santleben v. Taylor-Evans Seed Co., 585 S.W.2d 784 (Tex. Civ. App.--San Antonio 1979, no writ) (defendant’s plea of privilege affirmed because evidence did not establish that seed grain was defective when left defendant’s control)
  • Baker v. Lockheed Aircraft Service Co., 584 S.W.2d 369 (Tex. Civ. App.--San Antonio 1979, writ ref’d n.r.e.) (take nothing judgment against job applicant affirmed because evidence sufficient to establish employer’s offer of employment conditioned on background investigation and reference check)
  • Rodriguez v. Texas Employers’ Insurance Association, 583 S.W.2d 635 (Tex. Civ. App.--San Antonio 1979, no writ) (take nothing summary judgment against widow for workers’ compensation death benefits affirmed because plaintiff’s husband who was returning home from work was not within course and scope of employment at time of injury)
  • Pannill v. Moore, 576 S.W.2d 662 (Tex. Civ. App.--Beaumont 1978, no writ) (overruling of plea of privilege affirmed because not filed in due order of pleading)
  • Kollman Stone Industries, Inc. v. Keller, 574 S.W.2d 249 (Tex. Civ. App.--Beaumont 1978, no writ) (reversed and rendered against plaintiff’s “nunc pro tunc” correction in a promissory note suit because judgment signed outside 30-day plenary jurisdiction and therefore void)
  • McAdams v. Pak-Mor Manufacturing Co., 602 S.W.2d 374 (Tex. Civ. App.--Waco 1980, writ ref’d n.r.e.) (jury’s finding that plaintiff assumed the risk in products liability case was )
  • Texas Employers’ Insurance Association v. Prasek, 569 S.W.2d 545 (Tex. Civ. App.--Corpus Christi 1978, writ ref’d n.r.e.) (affirmed judgment for workers’ compensation death benefits, holding that the injury of a worker who choked on steak while eating in company trailer house at remote drilling site was incidental to and originated in his employment)
  • Roegelein Provision Co. v. Mayen, 566 S.W.2d 1 (Tex. Civ. App.--San Antonio 1978, writ ref’d n.r.e.) (judgment for employees who sued employer for libel over allegation of stolen money was reversed and rendered that employees take nothing because conditional privilege defeated libel claim)
  • Miller v. Hardy, 564 S.W.2d 102 (Tex. Civ. App.--El Paso 1978, writ ref’d n.r.e.) (take nothing judgment against medical malpractice plaintiff allegedly injured while under anesthesia and being moved to a stretcher because:  (1) res ipsa loquitor not applicable to a surgeon; (2) failure to limit admission hospital records was waived; and (3) evidence legally and factually sufficient to support judgment in favor of defendants)
  • Texas Employers’ Insurance Association v. Garza, 557 S.W.2d 843 (Tex. Civ. App.--Corpus Christi 1977, writ ref’d n.r.e.) (award partial and permanent disability benefits affirmed because excluded evidence did not constitute reversible error)
  • Chatman v. Texas Employers’ Insurance Association, 555 S.W.2d 181 (Tex. Civ. App.--El Paso 1977, writ ref’d n.r.e.) (take-nothing judgment against workers’ compensation plaintiff affirmed because:  (1) injury which arose out of altercation with crew foreman was not within course and scope of employment; and (2) there was no jury instruction on injury arising from manner in which work being done)
  • Toland v. Azton, 553 S.W.2d 433 (Tex. Civ. App.--San Antonio 1977, no writ) (summary judgment for purchaser to recover earnest money reversed and remanded for trial because:  (1) oral modification was not prohibited by statute of frauds; and (2) issue of material fact existed regarding whether purchaser estopped to deny oral modification or waive condition precedent to sale)
  • Travelers Indemnity Corp. v. Holt Machinery Co., 554 S.W.2d 12 (Tex. Civ. App.--El Paso 1977, no writ) (reversed trial court’s striking of special plea from defendant’s answer in fidelity bond suit because such constituted “speaking demurrer”)
  • Foodway, Inc. v. Aguirre, 550 S.W.2d 126 (Tex. Civ. App.--San Antonio 1977, no writ) (overruling of defendant’s plea of privilege affirmed because sufficient evidence to support trial court’s conclusion that defendants were negligent in not removing bottle caps from floor before invitee slipped and fell)
  • Foster v. H.E. Butt Grocery Co., 548 S.W.2d 769 (Tex. Civ. App.--San Antonio 1977, writ ref’d n.r.e.) (order sustaining plea of privilege affirmed because evidence supported jury’s finding that defendant security guard acted in self defense and therefore plaintiff failed to discharge his venue burden)
  • Foremost County Mutual Insurance Co. v. North Star Dodge, 542 S.W.2d 270 (Tex. Civ. App.--San Antonio 1976, writ ref’d n.r.e.) (reversed judgment against property insurer and rendered judgment that insured take nothing because evidence conclusively established that house trailer was being used for illegal purpose of transporting illegal aliens)
  • Southwestern Bell Telephone Co. v. Gravitt, 522 S.W.2d 531 (Tex. Civ. App.--San Antonio 1975, no writ) (reversed temporary restraining order retraining defendants from wire tapping plaintiff’s telephone because temporary restraining order failed to comply with requirement that reasons for injunction be stated in the order)
  • Texas Employers’ Insurance Association v. Thomas, 517 S.W.2d 832 (Tex. Civ. App.--San Antonio 1975, writ ref’d n.r.e.) (award total and permanent disability benefits affirmed because evidence sufficient to support claim that worker unable to perform the regular duties of a welder and also supported jury finding of good cause for not filing claim within six months)
  • Van Der Meulen v. Southwestern Life Insurance Co., 514 S.W.2d 469 (Tex. Civ. App.--San Antonio 1974, writ ref’d) (reversed and rendered judgment owner of single premium deferred annuity contract could exercise option to surrender contract and receive cash value)
  • Johnston Sales Company v. Lizana, 513 S.W.2d 879 (Tex. Civ. App.--Waco 1974, writ ref’d n.r.e.) (reversed trial court’s disregarding jury’s answers that plaintiff entitled to recover for damage to tractor trailer because evidence supported jury’s findings of negligence and damage award)

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