June 15, 2007 Texas Supreme Court Opinions

Supreme Court Decides Premises and Employer Liability Cases, Declines to Decide Malpractice Case in Which Plaintiff Had Died While Appeal Was Pending, and Provides Guidance on What Is (un)Reasonable in the Discovery Process

There was a four-way split on a petition for mandamus relief resolved by the Texas Supreme Court this past week. The Court granted mandamus in another case in a per curiam opinion, and issued three short per curiam opinions. In this week's orders, the Court also denied nine petitions for review and two mandamus petitions. The Supremes changed their mind on deciding the issues presented in a previously granted petition on the merits, but issued an opinion to explain why.

Supreme Court Grants Mandamus, But Three Justices Write Separate Opinions

In Re Allied Chemical Corp. No. 04-1023 Tex. Jun. 15, 2007)(Brister)(mandamus)(procedural law)
IN RE ALLIED CHEMICAL CORPORATION, ET AL.; from Hidalgo County; 13th district (13-04-00491-CV, ___ S.W.3d ___, Nov. 4, 2004)stay order issued March 28, 2005, liftedmotion to lift stay, dismissed as mootsecond supplemental motion to lift stay, dismissed as mootmotion to dismiss mandamus proceeding as moot, denied
The Court conditionally grants the petition for writ of mandamus in an opinion by Justice Scott Brister, joined by Justice Nathan Hecht, Justice David Medina, Justice Paul Green, and Justice Don Willett
Justice Hecht wrote a concurring opinion. Chief Justice Jefferson delivered a dissenting opinion, which was joined by Justice Harriet O'Neill, Justice Dale Wainwright, and Justice Phil Johnson. Justice Wainwright also dissented, but wrote separately

This week's per curiam opinions from the Texas Supreme Court

In Re Allstate County Mutual Ins. Co., No. 06-0878 (Tex. Jun. 15, 2007)(per curiam)(discovery limitations)
IN RE ALLSTATE COUNTY MUTUAL INSURANCE COMPANY AND DAVID GONZALEZ; from Hidalgo County; 13th district (13-06-00458-CV, ___ S.W.3d ___, Sep. 28, 2006)
stay order issued October 30, 2006, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

Goodyear Tire and Rubber Co. v. Mayes, No. 04-0993 (Tex. Jun 15, 2007)(per curiam)(employer liability for truck accident caused by tired employee, respondeat superior)
GOODYEAR TIRE AND RUBBER COMPANY v. PATRICK MAYES; from Harris County; 1st district (01-03-00157-CV, 144 S.W.3d 50, June 6, 2004)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.

Brinson Ford, Inc. v. Alger, No. 05-0722 (Tex. Jun. 15, 2007)(per curiam)(premises liability)
BRINSON FORD, INC., INDIVIDUALLY AND D/B/A BRINSON FORD LINCOLN MERCURY v. CONNIE W. ALGER; from Navarro County; 10th district (10-04-00341-CV, 169 S.W.3d 340, Jun. 22, 2005)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Supreme Court reverses the court of appeals' judgment and renders judgment.

Kallam, M.D. v. Boyd, No. 05-0027 (Tex. Jun. 15, 2007)(per curiam)(medical malpractice, plaintiff died pending appeal)
G. BYRON KALLAM, M.D.; MARY ANGELINE FINKE, M.D.; THE MEDICAL CLINIC OF NORTH TEXAS, P.A.; OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES OF ARLINGTON; GERALD THOMPSON, M.D.; AND FAMILY HEALTHCARE ASSOCIATES v. SHARON BOYD; from Tarrant County; 2nd district (02-03-00362-CV, ___ S.W.3d ___, Nov. 24, 2004) 2 petitions, motion to substitute party granted
The Supreme Court withdraws its order of September 1, 2006, granting the petitions for review, as the petitions were improvidently granted. The petitions for review are denied.