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Albee v. Day

12/18/2020
date of injury does not affect the characterization of the claim against the doctor as a third-party claim. Potter v. Crump 555 S.W.2d 206 209 Tex.Civ.App.--Fort Worth 1977 writ ref'd n.r.e.. Robinson lends support to the contention that where both the injury and the facts giving rise to the third

Category: Cases

Houston General Insurance Co. v. Campbell

12/17/2020
Albee v. Day 616 S.W.2d 270 Tex. Civ. App.--San Antonio 1981 writ ref'd n.r.e.; Potter v. Crump 555 S.W.2d 206 209 Tex Civ. App.--Fort Worth 1977 writ ref'd n.r.e.; see also 82 Am. Jur. 2d Workers' Compensation § 450. In Potter the court addressed a claim by a workers

Category: Cases

Liberty Mutual Insurance Co. v. Burk

12/18/2020
accident contributed to the injury in some amount. It is settled law in Texas that in a workers compensation case there may be more than one producing cause of an injury incapacity or death. Transcontinental Ins. Co. v. Crump 274 S.W.3d 86 99B100 Tex. App.CHouston 14th Dist. 2008 pet

Category: Cases

Hazelip v. American Casualty Co. of Reading, Pa.

12/18/2020
. v. Crump 330 S.W.3d 211 225 Tex. 2010. Generally charge error requires reversal of a judgment only where the error was harmful in the sense that it probably caused rendition of an improper verdict. Id. B. Compensable Injury The first question submitted to the jury

Category: Cases

SORM v. Adkins

12/18/2020
; 410.303 West 2006 party appealing decision has burden of proof; Transcontinental Ins. Co. v. Crump 330 S.W.3d 211 215 Tex. 2010. On appeal to this court because SORM is attacking the legal sufficiency of the evidence to support an adverse finding on an issue on which it did not have the burden of

Category: Cases

Commerce & Industry Ins. Co. v. Ferguson-Stewart

12/18/2020
the death. The injury must be the producing cause of the death and producing cause has been defined as that cause which in a natural and continuous sequence produces the death . . . in issue and without which the death . . . would not have occurred. Transcont'l Ins. Co. v. Crump 330 S.W.3d 211

Category: Cases

Traxler v. Entergy Gulf States, Inc.

12/18/2020
enacted by the legislature with complete knowledge of the existing law and with reference to it.". 32. Grapevine Excavation Inc. v. Md. Lloyds 35 S.W.3d 1 5 Tex. 2000 quoted with approval in Transcontinental Ins. Co. v. Crump 330 S.W.3d 211 237-38 Tex. 2010. 33. See e.g. State Farm Life

Category: Cases

Texas Mutual Insurance Co. v. Morris

12/18/2020
the present disability or incapacity. See Texas Employers'Ins. Ass'n v. Page 553 S.W.2d 98 100 Tex. 1977; Transcontinental Ins. Co. v. Crump 274 S.W.3d 86 100 Tex. App.--Houston 14th Dist. 2008 pet. filed. As noted above Dr. DeYoung never opined that Morris's back injury in 1998 was the

Category: Cases

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