PI-auto accidents negligence
08-0365
MICHAEL A. FRENCH AND WIFE, MISTI MICHELLE FRENCH v. BRIAN JAMES GILL AND GIUSEPPE V. RICCIO
D/B/A TIGERS TRUCKING CO.; from Wood County; 6th district (06-07-00076-CV, 252 SW3d 748, 04-16-08,
pet denied Aug 2008)(limitations, no tolling, 2 year statute of limitations, SoL for negligence, PI-auto)
08-0266
LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14-06-00428-CV, ___ SW3d
___, 10-11-07, pet denied Jun 2008) as redrafted (automobile accident, negligence, summary judgment,
motion for new trial)
07-1038
ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin County; 5th district
(05-06-00990-CV, ___ SW3d ___, 11-06-07, pet. denied Jun 2008) as redrafted (PI-auto accident negligence,
pro se suits, deemed admissions)
Alinda Francine Carter-Thomas appeals a take-nothing summary judgment entered in this personal injury
case. Carter-Thomas, appearing pro se in this Court as she did below, argues generally that she is entitled to
a trial on the merits of her negligence claims against appellee Ricky Lynn Sullivan. For the reasons explained
below, we affirm the trial court's judgment.
Carter-Thomas alleges she suffered disabling injuries in a motor vehicle accident that was proximately caused
by Sullivan's negligence. Sullivan moved for summary judgment arguing (1) deemed admissions established
that Carter-Thomas's own negligence was the cause of the accident and her injuries, if any, and (2)
Carter-Thomas could offer no evidence of damages. Carter-Thomas filed a response to the motion, but the
response contained no sworn testimony or evidence in admissible form. The trial judge heard the motion and
granted it; he subsequently heard and denied a motion for reconsideration. Carter-Thomas appeals.
07-0998
CANDY GORE v. RAY GORE; from Liberty County; 9th district (09-07-00024-CV, 233 S.W.3d 911, 09-06-07,
pet. denied May 2008)(personal injury PI-auto, damages)
This is a suit filed by a motor vehicle passenger against the driver for personal injuries arising from a single
vehicle accident. Ray Gore lost control of the vehicle while driving in a heavy rainstorm on the Interstate 10
bridge over the San Jacinto River. The defendant did not personally appear at the jury trial, but appeared
through counsel. At the close of evidence, the trial court directed a verdict on liability for the plaintiff, Candy
Gore, and submitted only damages to the jury. The jury returned a verdict of $6,000 for physical pain and
mental anguish sustained in the past, awarded nothing for future physical pain and mental anguish, awarded
$42,000 for physical impairment in the past, and $125,000 for physical impairment in the future. When the jury
returned a verdict that stated "actual damages" on the space provided for medical expenses, the trial court
supplied its own finding of $8,279.69. In three issues, Ray Gore challenges the directed verdict, the legal and
factual sufficiency of the evidence supporting the jury's awards for past and future impairment, and contends
the trial court erred in supplying its own finding of medical expenses to complete the jury's incomplete verdict.
We reverse and remand.
07-0949
DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district
(05-06-01695-CV, 233 SW3d 542, 08-28-07, pet. denied April 2008)(TTCA plea to the jurisdiction properly
denied, vehicular accident damages PI, written notice of suit)