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No. 14-0574
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J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION

Oral argument was held on September 22, 2015. The Court issued an opinion resolving the case on January 8, 2016. File Closed

In the news...

Tracking 1 article about this case.

May 1, 2015

A slip-and-fall in a hospital is not a health-care claim; two new grants [May 1, 2015]

from SCOTXblog

The article also mentions:
  • KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ
  • LEZLEA ROSS v. ST. LUKE’S EPISCOPAL HOSPITAL
  • TEXAS WEST OAKS HOSPITAL, LP AND TEXAS HOSPITAL HOLDINGS, LLC v. FREDERICK WILLIAMS
  • The Court has issued opinions:

    Opinion

    January 8, 2016

    Willett
    Hecht
    Green
    Johnson
    Guzman
    Lehrmann
    Boyd
    Devine
    Brown

    Justice Willett delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined, and in Parts I, II.B, III.C, and IV of which Justice Johnson joined. PDF

     

    Court of Appeals

    Appellate District:10th Court of Appeals
    Outcome Below:Reverse & Render
    COA Docket No.:10-13-00275-CV
    Opinion Author:Honorable Al Scoggins

    Trial Court

    Trial Court:12th
    County:Walker
    Trial Judge:Honorable Donald L. Kraemer
    Trial Docket:25,900-A

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2016-02-18 Mandate issued  
    2016-01-08 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
    2016-01-08 Court approved judgment sent to attorneys of record Issued
      This case was awaiting the Court's decision after oral argument between September 22, 2015 and January 8, 2016.  
    2015-09-22 Oral argument  
    2015-08-21 Oral Argument Submission Form from Attorney received  
    2015-07-17 Oral Argument Submission Form from Attorney received  
    2015-07-10 Case set for oral argument   Case set for oral argument
      This case was waiting for oral argument between May 1, 2015 and July 10, 2015.  
    2015-05-01 Petition for Review disposed   Filing granted
    2015-05-01 Petition for Review granted
      This case was pending on merits briefs between February 24, 2015 and May 1, 2015.  
    2015-02-24 Reply Brief (Petitioner)  
    2015-02-09 Brief on the Merits (Respondent)  
    2015-01-20 Brief on the Merits (Petitioner)  
    2015-01-08 Case Record Filed  
    2014-12-23 Record Requested in Petition for Review  
    2014-12-19 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between October 27, 2014 and December 19, 2014.  
    2014-10-27 Response to Petition (Respondent)  
    2014-09-26 Supreme Court of Texas Requested Response  
    2014-08-26 Case forwarded to Court
    2014-07-25 Petition for Review (Petitioner)  

    Parties

    Party Counsel Role
    American Alternative Insurance Corporation
    Mr. Aaron Mark Pool
    Ian Corey Hernandez
    Respondent
    J&D Towing, LLC,
    Elizabeth Ryan
    Mr. Kevin Knight
    Petitioner
     
     

    Are loss-of-use or lost-profit damages available when a business vehicle is totaled?

    insurance

    The case involves a tow truck that was rendered a total loss by a vehicle accident. The truck was the sole vehicle used by a small towing company. The towing company reached a settlement with the other driver that would compensate it for the market value of the lost truck, but that driver’s policy limits ($25,000) did not permit recovery for additional damages. The towing company then sued its own insurance carrier, arguing that its uninsured/underinsured motorist protection should also cover the company’s damages from loss-of-use of the truck.

    The district court ruled in favor of the towing company, rendering a judgment of $22,500 in additional damages. The court of appeals reversed, concluding that Texas law bars any recovery for this type of consequential loss-of-use damages when a piece of property is damaged beyond repair.

    The towing company filed a petition for review, arguing that there is a split in Texas law on this question. The Texas Supreme Court has now granted the petition.

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