Saturday, December 6, 2008

2008-12-05 Texas Supreme Court Opinions

TxDOT v. York, No. 07-0743 (Tex. 2008)(per curiam)
(TTCA, dangerous road conditions, special defect) (TTCA, Texas Tort Claims Act suit, exception to sovereign immunity, dangerous road conditions, loose gravel, special defect, premises defect)
TEXAS DEPARTMENT OF TRANSPORTATION v. JIMMY DON YORK, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, DECEASED AND JAMES R. BODIFORD, JR., INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, TONYA BODIFORD, AND SHIRLEY FOWLER; from Robertson County; 10th district (10-06-00210-CV, 234 SW3d 212, 08-08-07)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 remands the case to the trial court.Per Curiam Opinion

Autozone, Inc. v. Reyes, No. 07-0773 (Tex. 2008) (per curiam) (employment litigation) (age discrimination suit, judgment on jury verdict for employee reversed, take-nothing judgment rendered) AUTOZONE, INC. v. SALVADOR REYES; from Cameron County; 13th district (13-03-00338-CV, ___ SW3d ___, 12-29-06)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.Per Curiam Opinion

In Re Global Santa Fe Corp., No. 07-0040 (Tex. 2008) (Willett) (mandamus granted) (silica litigation, Jones Act preemption issues)
IN RE GLOBALSANTAFE CORPORATION; from Harris County; 14th district (14-06-00625-CV, ___ SW3d ___, 12-19-06)The Court conditionally grants the petition for writ of mandamus.Justice Willett delivered the opinion of the Court.

In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson) (forum non conveniens mandamus granted, asbestos suit)
IN RE GENERAL ELECTRIC COMPANY, ET AL.; from Harris County; 1st district (01-06-01105-CV, ___ SW3d ___, 03-02-07)stay order issued March 20, 2007, liftedThe Court conditionally grants the petition for writ of mandamus.Justice Johnson delivered the opinion of the Court.(Justice O'Neill not sitting)