In Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church’s no-evidence challenge to that award after determining that the… Continue Reading
Tag Archives: Experts
Texas Supreme Court Orders & Opinions 6/13/08
Posted in Supreme Court OrdersThe Texas Supreme Court issued four new decisions and one substituted opinion with today’s regular orders. In General Electric Co. v. Moritz (No. 0871), the Court reaffirmed that a landowner owes an independent contractor’s employees no duty to warn of obvious hazards they already know about, rejecting the plaintiff’s argument that his knowledge of the hazard was simply… Continue Reading
$26 Million Vioxx Judgment Reversed
Posted in Opinions & JudgmentsIn Merck & Co. v. Ernst (No. 14-06-00835-CV), the Fourteenth Court of Appeals has reversed Mark Lanier‘s $26.1 million judgment in a highly publicized Vioxx case and has rendered judgment that the plaintiff take nothing. (The jury verdict included a $229 million award for punitive damages, which trial court reduced in accordance with statutory caps.) The concluding paragraphs… Continue Reading
No Harm in Failure to Notify Plaintiffs of Expert Deadline Upon Withdrawal
Posted in Opinions & JudgmentsIn Baize v. Scott & White Clinic, a health care liability case, the Third Court of Appeals has affirmed a no-evidence summary judgment based on the plaintiffs’ failure to timely designate expert witnesses. Although the trial court erred by granting a motion to withdraw as counsel that failed to state the expert designation deadline, the… Continue Reading