Texas Supreme Court Opinions (Tex. 2008)

2008 Texas Supreme Court Cases with Opinions by Justice Dale Wainwright

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 of trial)
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, in which Justice Hecht joined.

City of Waco, Texas v. Lopez, No. 06-0089 (Tex. July 11, 2008)(Opinion by Justice Wainwright)
(public employment, Whistleblower Act, TCHRA, discrimination, exclusive remedy, failure to satisfy
prerequisites for suit by not filing with agency first)
CITY OF WACO, TEXAS v. ROBERT LOPEZ; from Limestone County; 10th district (10-04-00085-CV, 183
SW3d 825, 12-14-05)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Wainwright delivered the opinion of the Court.

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Justice Wainwright delivered an opinion concurring in part and dissenting in part in
Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (Med-Mal suits, HCLC
suicide risk management, medical treatment) (court concludes that discharge from Defendant's ER did not
proximately cause young man's death by hanging.)
PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND
DEPAUL CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND
CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL,
DECEASED; from McLennan County; 10th district (10 -02 -00026 -CV, 167 S .W .3d 48, 03-30-05) (Dissent
by Justice Tom Gray)
- consolidated with -
Pettit, D.O. v. Dowell (Tex. May 23, 2008)
05-0788 JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF
THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district
(10-01-00420-CV, ___ S.W.3d ___, 08-10-05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Justice Johnson,
and Justice Willett joined.
Justice Wainwright delivered an opinion concurring in part and dissenting in part.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

Justice Wainwright delivered a concurring opinion in In re Team Rocket, in which Chief Justice
Jefferson and Justice O'Neill joined.
In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Green)(mandamus)
(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.

Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (Wainwright)
(employment law, Pay Day Act claim, res judicata, claim preclusion based on agency ruling)
SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from
Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04)
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.

Villafani v s . Trejo, M.D., No. 06-0501 (Tex. Apr. 18, 2008)(Wainwright) (HCLC, ILA, denial of sanctions,
effect of nonsuit on defendant's right to appeal denial of motion for sanctions)
JUAN MARIO VILLAFANI, M.D. v. ADELA TREJO; from Cameron County; 13th district (13-04-00449-CV,
___ S.W.3d ___, 10-06-05)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Wainwright delivered the opinion of the Court.

Nationwide Ins. Co. v. Elchehimi, No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright)
(insurance coverage, breach of contract, claim denial)
NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND
NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district
(10-04-00298-CV, 183 S.W.3d 833, 12-28-05)
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.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined.

Bowden v. Phillips Petroleum Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright)
(class action de-certification, oil and gas mineral resources law, royalty owners, interlocutory appeal)
KATHRYN AYLOR BOWDEN, BEULAH POORMAN VICK, OMER F. POORMAN, MONTE CLUCK, ROYCE
YARBROUGH, AND BENNY TED POWELL v. PHILLIPS PETROLEUM COMPANY, GPM GAS
CORPORATION, PHILLIPS GAS MARKETING COMPANY, PHILLIPS GAS COMPANY, AND GPM GAS
TRADING COMPANY; from Fort Bend County; 14th district (14-02-00634-CV, 108 S.W.3d 385, 05/01/03)
The Court reverses in part and affirms in part the court of appeals' judgment and remands the case to the
trial court.
Justice Wainwright delivered the opinion of the Court.
(Justice Brister not sitting)

Fairfield Ins. Co. v. Stephens Martin Paving, LP, No. 04-0728 (Tex. Feb. 15, 2008)(Justice Wainwright)
(insurance coverage and indemnification of punitive damages arising from gross negligence)
FAIRFIELD INSURANCE COMPANY v. STEPHENS MARTIN PAVING, LP; CARRIE BENNETT, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE ESTATE OF ROY EDWARD BENNETT, DECEASED, AND AS NEXT
FRIEND OF LANE EDWARD BENNETT, CODY LEE BENNETT, AND APRIL ANNE BENNETT, MINORS
motion for re-argument denied
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice O'Neill, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined, and in which
Justice Johnson joined as to Parts I, II, and IV only.
Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett
joined.
Justice Johnson delivered a concurring opinion.

Excess Underwriters v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730 (Tex. Feb. 1, 2008)
(Substitute opinion on rehearing by Justice Harriet O'Neill; 2005 opinion withdrawn)
(insurance law, right to reimbursement)
EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING
SEVERALLY BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL
TOOLS, INC.; from Harris County; 14th district (14-01-00349-CV, 93 S.W.3d 178, 06/27/02)
The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in
which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Green joined.
Justice Wainwright delivered a dissenting opinion.
(Justice Brister not sitting)