6 results for 'judge:"Rivas-Molloy"'.
J. Rivas Molloy finds the lower court properly denied a doctor’s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient’s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert’s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: Health Care, Negligence, Experts
J. Rivas-Molloy finds that the lower court properly found in favor of an ex-husband in a defamation case. The jury found that the ex-wife had made 13 defamatory statements alleging the ex-husband is involved in child pornography and is a pedophile. The jury awarded him damages for past and future injury to his reputation and mental anguish. Evidence is sufficient to support the lower court’s findings and award of $2.1 million. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-16-00584-CV, Categories: Evidence, Damages, Defamation
J. Rivas-Molloy finds that the lower court properly granted a county appraisal district’s plea to the jurisdiction in this property tax matter in which a property owner protested the 2019 appraised value of its property, which was denied by the Harris County Appraisal Review Board (HCARB). The property owner seeks to have HCARB reissue orders to essentially extend the deadline for it to protest, which is outside the scope of its authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-21-00306-CV, Categories: Real Estate, Tax, Jurisdiction
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: Evidence, Damages, Negligence
J. Rivas-Molloy finds the lower court properly determined that when a commercial truck driver fell from an elevated railroad track into oncoming traffic on the highway beneath, sustaining injury, he was acting within the course and scope of his employment. The truck driver was making his first delivery, and left his truck while waiting for it to be unloaded to get cash and buy breakfast. En route to the bank and convenience store, he chose to walk across a railroad bridge not constructed for pedestrian traffic, when a train appeared, and blew the truck driver off of the bridge and onto the highway. He seeks workers compensation benefits claiming the fall occurred in the course and scope of his employment, and while the employer’s insurance company argues he deviated from the scope of his employment when he chose to travel on foot via a hazardous route, the instant court finds the employer expects truck drivers to leave their vehicle for food and drink, therefore he was acting within the scope of his employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: August 29, 2023, Case #: 01-22-00666-CV, Categories: Insurance, Workers' Compensation
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J. Rivas-Molloy finds the lower court properly granted summary judgment to a convenience store and a maintenance company in this matter concerning a slip and fall on store premises. A customer slipped and fell on an ADA ramp while leaving the store, and claims the stain used on the ramp became slippery when wet, posing a danger to her and other customers. The customer failed to present sufficient evidence to support her claim that the stain was the cause of her slip and fall, and failed to show the convenience store and/or the maintenance company knew or should have known of such a hazard and failed to correct or warn customers. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: July 13, 2023, Case #: 01-21-00512-CV, Categories: Tort, Negligence