Texas Supreme Court Opinions (Tex. 2010-2008)

2010 Green Opinions

Travelers Ins. Co. v. Joachim, No. 08-0941 (Tex. May 14, 2010) (Green)
(erroneous order dismissing suit after nonsuit with prejudice held to have res judicata effect in the absence
of direct attack by appeal or bill of review)
THE TRAVELERS INSURANCE COMPANY (THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD
CONNECTICUT) v. BARRY JOACHIM; from Lubbock County; 7th district (07-06-00322-CV, 279 SW3d 812,
09-25-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in Cause No. 08-0941 THE TRAVELERS INS. CO. v. JOACHIM

Eri Consulting Engineers, Inc. v. Swinnea, No. 07-1042 (Tex. May 7, 2010)(Green)
(equitable forfeiture as remedy for breach of fiduciary duty)
ERI CONSULTING ENGINEERS, INC. AND LARRY G. SNODGRASS v. J. MARK SWINNEA, BRADY
ENVIRONMENTAL, INC., AND MALMEBA COMPANY, LTD.; from Smith County;
12th district (12‑05‑00428‑CV, 236 SW3d 825, 08‑30‑07)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that
court.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in ERI CONSULTING ENGINEERS, INC. v. SWINNEA

In Re The John G. and Marie Stella Kenedy Memorial Foundation, No. 04-0607 (Tex. Apr. 16, 2010)
(Green)
IN RE THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION; from Kenedy County;
13th district (13-04-00337-CV, ___ SW3d ___, 07-06-04)
as reinstated
- consolidated for oral argument with -
04-0608 IN RE FROST NATIONAL BANK, FORMER EXECUTOR OF THE ESTATE OF ELENA SUESS
KENEDY, DECEASED; FROST NATIONAL BANK AND PABLO SUESS, TRUSTEES OF THE JOHN G.
KENEDY, JR. CHARITABLE TRUST; AND THE MISSIONARY OBLATE FATHERS OF TEXAS; from Kenedy
County; 13th district (13-04-00339-CV, ___ SW3d ___, 07-06-04)
as reinstated, stay order issued July 8, 2004, lifted
The Court conditionally grants the writs of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in IN RE FROST NAT'L BANK

John G. and Marie Stella Kenedy Memorial Foundation v. Fernandez, No. 08-0528 (Tex. Apr. 16, 2010)
(Green)
THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ;
from Nueces County; 13th district (13-06-00170-CV, ___ SW3d ___, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in 08-0528 THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUND. v.
FERNANDEZ

John G. and Marie Stella Kenedy Memorial Foundation v. Fernandez, No. 08-0529 (Tex. Apr. 16, 2010)
(Green)
THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ; from
Kenedy County;
13th district (13-06-00539-CV, ___ SW3d ___, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUND. v. FERNANDEZ

Frost National Bank v. Fernandez, No. 08-0534 (Tex. Apr. 16, 2010)(Green)
FROST NATIONAL BANK, FORMER EXECUTOR OF THE ESTATE OF ELENA SUESS KENEDY,
DECEASED, AND FROST NATIONAL BANK AND PABLO SUESS, TRUSTEES OF THE JOHN G. KENEDY,
JR. CHARITABLE TRUST v. ANN M. FERNANDEZ; from Kenedy County;
13th district (13-06-00149-CV, 267 SW3d 75, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in 08-0534 FROST NAT'L BANK v. FERNANDEZ

GOTCHA JURISPRUDENCE: Supreme Court say agreement to extend deadline did not really extend
deadline, therefor Defendant in med-mal suit is entitled to dismissal
Spectrum Healthcare Resources, Inc. v. McDaniel, No. 07-0787 (Tex. Mar. 12, 2010)(Green)
(med-mal suit, health care liability, agreement by agreed docket control order to extend deadline for expert
report nullified)
SPECTRUM HEALTHCARE RESOURCES, INC., AND MICHAEL SIMS v. JANICE MCDANIEL AND PATRICK
MCDANIEL; from Bexar County; 4th district (04-06-00185-CV, 238 SW3d 788, 08-22-07)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Johnson, Justice Willett, and Justice Guzman joined. [pdf]
Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined.
[pdf]

In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)
(Opinion by Green) (forum selection clause enforced by mandamus)
(poor health of elderly plaintiff as reason for keeping case in Texas rejected)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument,
the Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
Justice Willett delivered a concurring opinion in In re ADM Investor Services, Inc.

2009 SUPREME COURT OPINIONS BY JUSTICE PAUL GREEN,
CONCURRENCES AND DISSENTS

In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)(Opinion by Green) (forum selection
clause enforced by mandamus) (poor health of elderly plaintiff as reason for keeping case in Texas
rejected)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
Justice Willett delivered a concurring opinion in In re ADM Investor Services, Inc.

Vanegas v. American Energy Servcies,
No. 07-0520 (Tex. Dec. 18, 2009) (Green)
(unilateral contract, contract formation and validity, enforceability)
(illusory promise at the time it was made, promise became enforceable upon performance)
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL, ROGER FARRINGTON, CURTIS
HUFF, AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P.,
RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD, AND DENNIE
MARTIN; from Midland County; 11th district (11-06-00118-CV, 224 SW3d 544, 05-10-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs filed in VANEGAS v. AMERICAN ENERGY SERVICES

Myrad Properties, Inc. v. Lasalle Bank NA, No. 08-0444 (Tex. Dec. 18, 2009)(Green)
(whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed
only one)(correction deed found void, court renders judgment and orders rescission of the mistaken deed)
MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB;
from Bell County; 3rd district (03-07-00240-CV, 252 SW3d 605, 03-28-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs filed in MYRAD PROPERTIES, INC. v. LASALLE BANK NAT'L ASSOCIATION

Premises Liability Suit in Deadly Fall from Cliff Nixed on Immunity Grounds
City of Waco v. Kirwan, No. 08-0121 (Tex. Nov. 20, 2009)(Green)(premises liability, fatal fall from cliff,
recreational use statute)
CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF
BRAD MCGEHEE, DECEASED; from McLennan County;
10th district (10 07 00123 CV, 249 SW3d 544, 01 09 08)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Johnson, Justice Willett, and Justice Guzman joined as to Parts I–V, and in which
Chief Justice Jefferson joined as to Part IV. [pdf]

ANOTHER WHISTLEBLOWER BITES THE DUST AT THE SUPREME COURT
State of Texas and TxDoT v. Lueck, No. 06-1034 (Tex. Jun. 26, 2009)(Green)(W histleblower A ct
claim dismissed)(allegation of regulatory noncompliance insufficient, report not to proper law-enforcement
agency)
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION v. GEORGE LUECK;
from Travis County; 3rd district (03-05-00510-CV, 212 SW3d 630, 08-16-06)
motion to dismiss denied
The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction.
Justice Green delivered the opinion of the Court. [pdf 16 pgs.]
View Electronic Briefs in State of Texas and TxDoT v. Lueck (Tex 2009)

MOTOR VEHICLE ACCIDENTS: DOES THE STATUTE OF LIMITATIONS RUN WHILE DRIVER WHO
CAUSED WRECK IS OUT OF STATE?
Ashley v. Hawkins, No. 07-0572 (Tex. Jun. 26, 2009)(Green)(statute of limitations, no tolling when car
wreck defendant is out of state, but subject to being served there) (due diligence in securing promt service
of citation on defendant)
GAIL ASHLEY v. DORIS D. HAWKINS; from Montgomery County; 9th district (09 -06 -00359 -CV, ___ SW3d
___, [opinion in the Beaumont court of appeals] 06-07-07)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court. [pdf 10 pgs.]
V
Nabors Drilling, USA, Inc. v. Escoto, No. 06-0890 (Tex. Jun. 19, 2009)(Green)(employer absolved
of liability for fatal car wreck caused by fatigued employee required to work 12 hour shift - on no duty
grounds)
NABORS DRILLING, U.S.A., INC. v. FRANCISCA ESCOTO, ET AL.; from Willacy County; 13th district
(13-02-00171-CV, 200 SW3d 716, 06-08-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court.

City of Desoto, Tx v. White, No. 07-1031(Tex. Jun. 19, 2009)(Green)
(public employment, police officers, disciplinary process, election of grievance remedies, city's failure to
give pre-appeal notice not jurisdictional)
CITY OF DESOTO, TEXAS v. JUSTIN WHITE; from Dallas County; 5th district
(05-06-01469-CV, 232 SW3d 379, 08-28-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court.

Entergy Gulf States, Inc. v. Summers, No. 05-0272 (Tex. 2009)(Substitute opinion by Green)
(premises owner as general contractor for workers compensation exclusive remedy purposes, industrial
plants, industrial accidents, refinery explosion)
ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09-04-00152-CV,
___ SW3d ___, 12-30-04)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined,
and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and
IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined.
Justice Hecht delivered a concurring opinion of the Court.
Justice Willett delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

Hcbeck, Ltd. v. Rice, No. 06-0418 (Tex. 2009)(Green)(worker's compensation, exclusive remedy
defense, extent to which a general contractor must “provide” workers’ compensation insurance under the
Act to qualify for statutory employer status and the resulting immunity from the work-related claims of a
subcontractor’s employees)
HCBECK, LTD. v. CHARLES RICE; from Tarrant County; 2nd district (02-05-00239-CV, ___ SW3d ___, 04-
06-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, and Justice Brister joined, and in Parts I, II, III, IV, V, and VII of which Justice Willett joined.
Justice Johnson delivered a dissenting opinion, in which Justice Medina joined.
(Justice O'Neill not sitting)

TXI Operations, LP v. Perry, No. 05-0030 (Tex. Feb. 27, 2009)(Green)(premises liability, duty of warn
of danger, private road defect, sufficiency of speed limit warning sign)
TXI OPERATIONS, L.P. v. DAVID PERRY; from Liberty County; 9th district (09-04-00070-CV, ___ SW3d
___, 11-18-04)
The Court affirms the court of appeals' judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Johnson joined.
Justice Hecht delivered a dissenting opinion, in which Justice Medina and Justice Willett joined.
Dissent by Hecht

Retamco Operating, Inc. v. Republic Drilling Co., No. 07-0599 (Tex. Feb. 27, 2009)(Green)
(personal jurisdiction over out-of-state defendant, Texas Longarm Statute, minimum contacts, UFTA,
transfer of real estate interest in Texas, oil and gas law)
RETAMCO OPERATING, INC. v. REPUBLIC DRILLING COMPANY; from Bexar County; 4th district
(04-06-00727-CV, ___ SW3d ___, 03-28-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court.

2008 Texas Supreme Court Opinions by Justice Paul W. Green

ANNUAL OPINION OUTPUT: Justice Paul Green authored 22 opinions in Fiscal Year 2008:
Breakdown: 8 majority opinions, 9 per curiam opinions, 3 dissenting opinions, 1 opinion
concurring in part and dissenting in part, and 1 opinion on denial of petition for review. Over the
course of the fiscal year, the Court released a total of 212 opinions, 76 of which were signed
majority opinions, and 60 of which were issued per curiam. Green's output is average.

U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)(insurance coverage,
admission)
UNITED STATES FIDELITY AND GUARANTY COMPANY v. LOUIS GOUDEAU; from Harris County; 1st
district (01-04-01168-CV, 243 SW3d 1, 08-31-06)
The Court reverses in part the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
Justice Medina, and Justice Willett joined.
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson
joined.

In re Caballero, No. 07-0484 (Tex. Dec. 19, 2008)(Green)(attorney discipline, BODA discretion,
disbarment or suspension when attorney on probation for criminal conduct)
IN THE MATTER OF ROLANDO CABALLERO
The Court affirms the judgment of disbarment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Brister, and Justice Johnson joined.
Justice Willett delivered a dissenting opinion, in which Justice Medina joined.

Di G iuseppe v. Lawler, No. 04-0641(Tex. Oct. 17, 2008)(specific performance)
NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN v. ROGER
LAWLER; from Collin County; 5th district (05-03-00468-CV, ___ SW3d ___, 06-03-04)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Alan Waldrop delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Brister, and Justice Willett joined.
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and
Justice Johnson joined.
(Justice Waldrop sitting by commission pursuant to Section 22.005 of the Texas Government Code)
(Justice Medina not sitting)

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)
COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER v.
ATHENA HOGUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR.,
DECEASED, CHRISTOPHER HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district
(05-03-00279-CV, 132 SW3d 671, 04-13-04)
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill,
Justice Brister, Justice Medina, Justice Johnson, and Justice Willett joined, and in Parts II-A, II-C, and II-D of
which Justice Hecht and Justice Green joined.
Justice Brister delivered a concurring opinion, 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.

Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. June 27, 2008) (Majority Opinion by
Justice Medina) (con law, church and state religion disputes, first amendment freedom of religion clause,
exorcism of demons, intentional tort claim by church member for mental anguish damages barred by
church's religious doctrine immunity, estoppel claim rejected)
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III,
and IV of which Justice Johnson joined.
Justice Green delivered a dissenting opinion.
Justice Johnson delivered a dissenting opinion.

Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647 (Tex. June 13, 2008)(Substituted opinion by
Justice Paul Green on further motions for rehearing) (insurance case)
EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th
district (09-02-00072-CV, 104 SW3d 247, 04-10-03)
Atofina's motion for rehearing granted
Evanston's motion for rehearing denied
The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of
this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008,
remains in place.
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and
Justice Johnson joined as to Parts I, II.A–II.D, and II.F.
Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson
joined.

G.E. v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister)
(premises liability, independent contractor, workplace injury, workers compensation non-subscriber)
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 Scott 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)

In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Green)(mandamus granted)
(mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved)
IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County;
14th district (14-06-00136-CV, ___ S.W.3d ___, 04-25-06)
stay order issued June 13, 2006, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court.
Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill
joined.

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. May 16,
2008)(Opinion by Paul Green) (water law, intergovernmental dispute over easement for water extraction
from lake, condemnation power)
CANYON REGIONAL WATER AUTHORITY v. GUADALUPE-BLANCO RIVER AUTHORITY; from Guadalupe
County; 4th district (04-05-00943-CV, 211 S.W.3d 351, 06-21-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Green delivered the opinion of the Court.

Justice Green delivered a dissenting opinion in Higgins II, in which Justice Wainwright and Justice
Willett joined.
Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008)
(Opinion by Harriet O'Neill)
LAWRENCE HIGGINS v. RANDALL COUNTY SHERIFF'S OFFICE; from Randall County; 7th district (07-05-
00004-CV, ___ S.W.3d ___, 08-22-06)
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 remands the case to that
court.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Brister, and Justice Medina joined.

Owen s & Minor, Inc. v . Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green)
(certified question from 5th Cir.) (products liability, indemnification, litigation costs)
OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS,
INC. AND BECTON, DICKINSON AND COMPANY
motion to consolidate denied
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, and Justice Brister joined.
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett
joined.

Evanst on Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647 (Tex. Feb. 15, 2008)(Superseded
opinion on first motion for rehearing by Justice Green) (insurance law, indemnification)
EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th
district (09-02-00072-CV, 104 S.W.3d 247, 04/10/03)
opinion and judgment issued May 5, 2006, withdrawn
substituted opinion issued
motion to dismiss petition for review as improvidently granted, denied
joint motion for oral argument on rehearing, dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and
Justice Johnson joined as to Parts I, II.A–II.D, and II.F.
Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined.