Justice Eva M. Guzman Texas Supreme Court Justice Eva M. Guzman Guzman is the newest member of the High Court, having been appointed in Oct. 2009 to the seat vacated by former Justice Scott Brister, who resigned prior to expiration of his term of office and returned to private practice. Guzman, a Republican, will face the state-wide electorate in 2010. Justice Guzman previously served as a member on the Fourteenth Court of Appeals in Houston. See Recent Opinions Authored by Justice Guzman as a Judge of the Court of Appeals On the Supreme Court's current docket are a number of cases in which Justice Guzman wrote the opinion for the Court of Appeals.
Supreme Court reverses opinion by former 14th Court of Appeals Justice Eva Guzman in whistleblower case (JCB) which her own court, was deeply divided. Green v. Alford, 274 S.W.3d 5, 23 (Tex. App.-Houston [14th Dist.] 2008, pet. filed and case docketed under No. 09-0009). On rehearing en banc, the Fourteenth Court of Appeals disagreed with the panel on availability of official immunity defense to a firefighter who had caused a collision with another vehicle and severe personal injuries to its occupants. Guzman dissented from the panel's majority opinion and wrote the majority for the court as a whole that reversed the panel. Green v. Alford (pdf) (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (affirmative defense of official immunity in fire truck collision properly rejected) ("We grant Ronald and Dwainia Alford's motions for rehearing en banc, withdraw our opinion and judgment of March 27, 2007, and issue the following majority opinion on en banc rehearing and accompanying judgment in its place. This case arises from a traffic accident in which a fire truck collided with another vehicle, causing Ronald Alford to sustain a broken neck and causing permanent neurological damage to his nine-year-old son, Aaron. The trial court found that Christopher Green, the firefighter driving the truck, acted recklessly and was not entitled to official immunity or limitation of liability. Green asks us to reverse the judgment against him, arguing that there is legally and factually insufficient evidence that he acted recklessly and that his actions were not performed in good faith. In the alternative, he raises a matter of first impression, arguing that damages are statutorily limited to $100,000 because he is insured by a policy purchased by the City of Pasadena, despite the fact that coverage is subject to a $100,000 self-insured retention. We conclude that (a) Green failed to establish he was acting in good faith at the time of the accident, (b) legally and factually sufficient evidence supports the trial court's finding that Green acted recklessly, and (c) the damage cap set forth in section 108.002 of the Civil Practice and Remedies Code does not apply to these facts. We therefore affirm the trial court's judgment.") AFFIRMED: Opinion by Justice Eva Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Tex. Opinions Written by Texas Supreme Court Justice Eva Guzman Kelly v. General Interior Construction, Inc., No. 08-0669 (Tex. Jan. 22, 2010)(Guzman)(no personal jurisdiction, out-of-state officers of construction company should have been granted special appearance, no minimum contacts shown) DAN KELLY AND LAURA HOFSTATTER v. GENERAL INTERIOR CONSTRUCTION, INC.; from Harris County; 14th district (14-07-00270-CV, 262 SW3d 79, 07-03-08) The Court reverses in part the court of appeals' judgment and renders judgment. Justice Guzman delivered the opinion of the Court. Recently Decided Cases from the 14th Court of Appeals in Which Justice Guzman Did Not Participate Galveston ISD v. Jaco, No. 09-0195 (Tex. Feb. 12, 2010)(per curiam) (WBA case remanded to the court of appeals to determine whether plaintiff has alleged a violation under the Texas Whistleblower Act under the court's new precedent in Lueck, which jurisdictionalized the sufficiency of the facts pleaded in support of each element of the claim) GALVESTON INDEPENDENT SCHOOL DISTRICT v. BRENT JACO; from Galveston County; 14th district (14-08-00271-CV, 278 SW3d 477, 01-20-09) 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. Per Curiam Opinion (Justice Guzman not sitting) [she wrote the opinion in the court below] D.R. Horton-Texas, Ltd. v. Markel International Ins. Co. No. 06-1018 (Tex. Dec. 11, 2009)(Wainwright)(CGL insurance coverage, duty to defend, duty to indemnify) D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD.; from Harris County; 14th district (14-05-00486-CV, ___ SW3d ___, 10-26-06) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Dale Wainwright delivered the opinion of the Court [in pdf] (Justice Guzman not sitting) |
TEXAS SUPREME COURT OPINIONS BY
JUSTICE EVA M. GUZMAN
JUSTICE EVA M. GUZMAN
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