Texas Supreme Court Opinions (Tex. 2008)

2008 Texas Supreme Court Opinions by Justice David Medina

Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. 2008) (Majority Opinion by
Justice Medina) (freedom of religion, tort immunity; intentional tort claim by church member for mental
anguish damages arising from anti-demon rituals including physical restraint barred by religious doctrine
immunity, plaintiff's argument that the court should be estopped from invoking constitutional first
amendment protection also rejected).
PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY
LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant
County; 2nd district (02-02-00264-CV, 174 SW3d 388, 09-15-05)
3 petitions | motion to strike denied
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Brister, and Justice Willett joined.
Chief Justice Jefferson wrote 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.

JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. 2008) (Opinion by Justice David Medina)
(UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility
statute; recovery barred)
JCW ELECTRONICS, INC. v. PEARL IRIZ GARZA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
ROLANDO DOMINGO MONTEZ, DECEASED, AND BELINDA LEIGH CAMACHO, INDIVIDUALLY AND AS
NEXT FRIEND OF ROLANDO KADRIC MONTEZ, A MINOR CHILD; from Cameron County; 13th district
(13-02-00577-CV, 176 SW3d 618, 10-13-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice David Medina delivered the opinion of the Court.
Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined.

Guitar Holding Co. LP, No. 06-0904 (Tex. May 30, 2008)(Medina) (water rights, administrative law,
challenged district rule governing water transfers found invalid)
GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district (08-04-00296-CV and 08-05-00115-CV, 209
S.W.3d 172, 08-31-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court.

Bic Pen Corp. v. Carter, No. 05-0835 (Tex. Apr. 18, 2008)(David Medina)
(products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect
claim)
BIC PEN CORPORATION v. JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER; from
Matagorda County; 13th district (13-03-00560-CV, 171 S.W.3d 657, 08-18-05)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Medina delivered the opinion of the Court. (Justice Green not sitting)

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)
(mandamus) (removal of local official based on criminal conviction)
IN RE EDUARDO "WALO" GRACIA BAZAN;
from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06)
stay order issued November 30, 2006, lifted
The Court denies the petition for writ of mandamus.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.
Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)

El Paso Hospital District v. Texas Health and Humans Services Comm.,
No. 05-0372 (Tex. Feb. 22, 2008)(Substitute opinion by Justice David Medina) (agency authority)
EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v. TEXAS
HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from Travis
County; 3rd district (03-03-00770-CV, 161 S.W.3d 587, 01/21/05)
motion for rehearing granted
opinion and judgment issued August 31, 2007, withdrawn
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court.