Texas Supreme Court Opinions (Tex. 2008)

2008 Texas Supreme Court Opinions by Justice Scott Brister

Justice Brister would address race-based jury strike and Batson challenge problems by
abolishing peremptory challenges altogether
Davis v. Fisk Electric Co., No. 06-0162 (Tex. Sep. 26, 2008)(Jefferson)
(jury selection, denial of Batson challenge to race-based juror strike was error, new trial ordered)
Justice Brister delivered a concurring opinion, in which Justice Medina joined as to Part III.

Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422 (Tex. Sep. 26, 2008)(Brister)
(evidence of defendant's wealth in accident PI case not admissible, jury verdict reversed)
RELIANCE STEEL & ALUMINUM CO. AND SAMUEL ALVARADO v. MICHAEL SEVCIK AND CATHY LOTH;
from Waller County; 13th district (13-03-00407-CV, ___ SW3d ___, 03-09-06)
respondents' motion to strike petitioners' brief on the merits dismissed as moot
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Brister delivered the opinion of the Court.

Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright)
(HCLC med-mal gross negligence damages, contributory negligence, trifurcation)
Justice Brister delivered a concurring opinion opposing trifurcation of trial, in which Justice Medina
joined. Justice Green delivered an opinion concurring in part and dissenting in part (opposing gross
negligence damages) in which Justice Hecht joined.

In re Baylor Medical Center at Garland, No. 06-0491 (Tex. Aug. 29, 2008)(Brister)
(HCLC, mandamus proceeding abated to afford new trial judge opportunity to reconsider issue of granting
/ ungranting new trial)
IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district
(05-05-01663-CV, ___ SW3d ___, 01-04-06)
abatement order issued
stay order issued
The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Green, Justice Medina, and Justice Willett joined.
Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through
rulemaking)

In re Poly-America, LP, No. 04-1049 (Tex. Aug. 29, 2008)(O'Neill)
(arbitration in employment context, retaliatory discharge, mandamus review of order compelling arbitration)
Justice Brister delivered a dissenting opinion.
(Justice Willett not sitting)

Kerlin v. Sauceda, No. 05-0653 (Tex. Oct. 10, 2008)(substituted Opinion by O'Neill)
(oil and gas law, statute of limitations not tolled)
Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(Original, withdrawn Opinion by O'Neill)
(oil and gas royalties, claims barred by limitations)
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice
Willett joined.

In Re McAllen Medical Center, No. 05-0892 (Tex. Aug 29, 2008)(Corrected Opinion by Brister)
IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH
SERVICES, INC.; from Hidalgo County; 13th district
(13-05-00441-CV, ___ SW3d ___, 10-05-05)
real parties in interest's motion for oral argument denied
corrected opinion issued

G.E. v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister)
(premises liability, independent contractor, personal injury)
GENERAL ELECTRIC COMPANY v. ARTHUR LEE MORITZ; from Tarrant County; 2nd district
(02-03-00038-CV, ___ SW3d ___, 05-20-04)
2 petitions The Court reverses the court of appeals' judgment and renders judgment.
Justice 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)

Leland, DDS v. Brandal, No. 06-1028 (Tex. June 13, 2008)(O'Neill) (HCLC 30-day-extension to file expert
report)
Justice Scott Brister delivered a dissenting opinion.

In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott
Brister)(mandamus relief available to compel dismissal of med. mal suits)
IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH
SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ S.W.3d ___, 10-05-05)
real parties in interest's motion to abate dismissed as moot
relators' unopposed motion for partial dismissal granted
real parties in interest's motion to seal document granted
relators' motion to seal motion exhibits and restrict review to in camera inspection only granted
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Green,
Justice Johnson and Justice Willett joined.
Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill
joined.

Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)
(arbitration award to homeowners in residential construction dispute vacated)
05-0882 PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND
WARRANTY UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL, AND S. JANE CULL; from
Tarrant County; 2nd district (02-04-00052-CV, 173 S.W.3d 565, 08-31-05)
The Court reverses the court of appeals' judgment, vacates the arbitration award, and remands the case
to the trial court.
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and
Justice Willett joined as to parts I-V.
Justice O'Neill delivered a concurring opinion.
Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice Jefferson and
Justice Green
Justice Willett delivered an opinion concurring in part and dissenting in part.
Opinion below: Perry Homes v. Cull, 02-04-00052-CV, (Tex.App.- Fort Worth, Aug 31, 2005, pet . filed)(reversed, and
arbitration award for home owners vacated)

Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (Pay Day Act claim, res
judicata, claim preclusion based on agency ruling)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted.
The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in
place.

In the Matter of H.V ., No. 06-0005 (Tex. Apr. 11, 2008)(Brister) (juvenile law, Miranda warning,
requirements for effective invocation of right to counsel, suppression of confession, exclusion of evidence)
IN THE MATTER OF H.V.; from Tarrant County; 2nd district (02-04-00029-CV, 179 S.W.3d 746, 11-17-05)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Brister delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson,
and Justice Willett joined.
Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice
Wainwright and Justice Green joined, and in which Justice Hecht joined as to Parts I, III, and V.

Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal)
RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from
Limestone County; 10th district (10-05-00197-CV, 191 S.W.3d 756, 04-05-06)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a concurring opinion.
Justice Willett delivered a concurring opinion.

Texas Mutual Ins. Co. v. Ledbetter, No. 06-0814 (Tex. Apr. 4, 2008)(Brister)(workers comp,
subrogation claim)
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
trial court.
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.

Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third
parties, fraud on community by spouse not actionable as independent tort, no double recovery)
WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507,
10-20-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court.

Owe n s & Minor, Inc. v . Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green) (cert.
question from 5th Cir.) (products liability, indemnification, litigation costs)
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett
joined.

In Re Jorden, M.D ., No. 06-0369 (Tex. Mar. 28, 2008)(Brister)
(HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition)
IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483,
04-27-06)
relators' joint motion for emergency temporary relief dismissed as moot
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court.
Justice O'Neill delivered a concurring opinion

New Texas Auto Auction Services, LP. v. Gomez de Hernandez, No. 06-0550 (Tex. Mar. 28,
2008)(Brister)(consumer law, auctioneer liability for selling defective car, wrongful death)
NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE
HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13- 03-00728-CV, 193 S.W.3d 220, 04-06-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Brister delivered the opinion of the Court.

Bowden v. Phillips Petroleum Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright)
(class action de-certification, royalty owners, interlocutory appeal)
(Justice Brister not sitting)