Supreme Court of Texas Blog

No. 21-0769
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ANGELA HORTON AND KEVIN HOUSER v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY

A petition was filed on October 6, 2021. Oral argument was held on January 31, 2023. The Court issued an opinion resolving the case on June 30, 2023. A decision is still pending.

Opinions

June 30, 2023

Boyd
Hecht
Lehrmann
Devine
Blacklock
Busby
Bland
Huddle
Young

Justice Boyd delivered the opinion of the Court. PDF

Busby
Devine
Blacklock
Young

Justice Busby filed a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Young joined.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:05-19-00856-CV
Opinion Author:Honorable Robert D. Burns

Trial Court

Trial Court:68th District Court
County:Dallas
Trial Judge:Honorable Martin Jerome Hoffman
Trial Docket:DC-17-06507

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
  This case has been waiting for a possible rehearing motion.  
2024-01-23 Call received  
2024-01-23 Amended Brief filed (Amicus Curiae)  
2024-01-19 Brief on the Merits (Respondent)  
2024-01-19 Amicus Curiae Brief received  
2024-01-19 Amicus Curiae Brief received  
2023-12-15 Motion for Rehearing - Disposed   Filing granted
2023-12-15 cause reinstated to active docket
2023-12-15 Motion for Rehearing - Disposed   Denied
2023-11-06 Reply to Response to Motion for Rehearing filed (Petitioner)  
2023-10-23 Response to Motion for Rehearing (Respondent)  
2023-10-13 Motion for Extension of Time to File Response disposed   Filing granted
2023-10-12 Motion for Extension of Time to File Response  
2023-09-29 Supreme Court of Texas Requested Response  
2023-08-21 Amicus Curiae Brief received  
2023-08-21 Call received  
2023-08-01 Case forwarded to Court
2023-08-01 Case forwarded to Court
2023-07-31 Motion for Rehearing  
2023-07-31 Motion for Rehearing for pet #2  
2023-07-10 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-07-07 Motion for Extension of Time to File Motion for Rehearing  
2023-07-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-07-06 Motion for Extension of Time to File Motion for Rehearing  
2023-06-30 Opinion issued   Court of Appeals' judgment affirmed/remanded to trial court
2023-06-30 Opinion issued Issued
2023-06-30 Concurring Opinion issued.   Issued
2023-06-30 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 20, 2023 and June 30, 2023.  
2023-02-20 Post submission brief filed (Respondent)  
2023-01-31 Oral argument  
2023-01-27 Submission Schedule
2023-01-10 Oral Argument Submission Form from Attorney received  
2023-01-09 Oral Argument Submission Form from Attorney received  
2022-12-16 Petition for Review disposed Filing granted
2022-12-16 Case set for oral argument   Case set for oral argument
2022-12-16 Petition for Review granted
2022-12-16 Case set for oral argument   Case set for oral argument
2022-12-16 Petition for Review granted
2022-12-16 Petition for Review disposed Filing granted
2022-11-30 Motion for Extension of Time disposed.   Filing granted
2022-11-30 Electronic communication sent to Party  
2022-11-30 Call received  
2022-11-29 Motion for Extension of Time to File Brief filed  
2022-11-23 Electronic communication sent to Party  
2022-11-23 Reply Brief  
2022-11-09 Electronic communication sent to Party  
2022-11-08 Reply Brief (Petitioner)  
2022-10-25 Electronic communication received from Party  
2022-10-13 Electronic communication sent to Party  
2022-10-04 Electronic communication sent to Party  
2022-10-04 Electronic communication received from Party  
2022-09-29 Phone call from Clerk's Office  
2022-09-07 Brief on the Merits (Respondent)  
2022-08-30 Motion for Extension of Time disposed.   Filing granted
2022-08-30 Motion for Extension of Time to File Brief filed  
2022-08-15 Call received  
2022-08-15 Motion for Extension of Time disposed.   Filing granted
2022-08-11 Brief on the Merits (Petitioner)  
2022-08-10 Electronic communication received from Party  
2022-08-09 Electronic communication sent to Party  
2022-08-09 Electronic communication sent to Party  
2022-08-09 Motion for Extension of Time to File Brief filed  
2022-08-03 Call received  
2022-06-27 Motion for Extension of Time to File Brief filed  
2022-06-27 Motion for Extension of Time disposed.   Filing granted
2022-06-01 Call received  
2022-05-27 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between February 23, 2022 and May 27, 2022.  
2022-02-23 Call received  
2022-02-23 Response to Petition (Respondent)  
2022-02-23 Motion for Extension of Time to File Response  
2022-02-23 Motion for Extension of Time to File Response disposed   Filing granted
2022-02-18 Electronic communication received from Party  
2022-02-15 Phone call from Clerk's Office  
2022-02-15 Electronic communication received from Party  
2022-01-19 Response to Petition (Respondent)  
2021-12-01 Motion for Extension of Time to File Response  
2021-12-01 Motion for Extension of Time to File Response disposed   Filing granted
2021-11-19 Supreme Court of Texas Requested Response  
2021-10-19 Case forwarded to Court
2021-10-19 Case forwarded to Court
2021-10-15 Response Waiver filed  
2021-10-15 Response Waiver filed  
2021-10-15 Petition for Review #2 (Petitioner)  
2021-10-07 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-10-06 Petition for Review (Petitioner)  
2021-10-06 Second Motion for Extension of Time to File Petition for Review filed  
2021-10-06 Phone call from Clerk's Office  
2021-09-09 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-09-08 Clerk's Record
2021-09-08 Electronic communication sent to Party  
2021-09-08 Court reporter/recorder's record
2021-09-07 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
The Kansas City Southern Railway Company
Mr. Paul Oliver Wickes
Respondent
Angela Horton and Kevin Houser
Mr. Thomas Wm. Arbon
Mr. Ben C. Martin
Mr. Kolter McKenzie
Laura J. Baughman
Mr. Matthew J. Kita
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Association of Defense Counsel and American Trucking Associations
Ms. Eva M. Guzman
Mr. Brian J. Cathey
Mr. Roger W. Hughes
Mr. Thomas C. Wright
David M. Gunn and Russell S. Post
Mr. Russell S. Post
Mr. David M. Gunn
Harvey Brown and W. Daryl Moore
Mr. Daryl L. Moore
Honorable Harvey G. Brown Jr.
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