c aboutourfirm

Jack McKinley Representative Cases

Lingafelter v. Shupe, 192 S.W.3d 577 (Tex. 2006) (PI-Auto). Reversed court of appeals, which had reversed a defense verdict for refusal to submit negligent entrustment, even though jury found driver not negligent. Any error was harmless.

State Farm Lloyds v. Vaughan, 968 S.W.2d 931 (Tex. 1998) (Insurance coverage—general). A significant decision that reversed court of appeals and reinstated summary judgment for insurer. Registered child care provider’s regular abandonment of small children to run errands was not within exception to business exclusion for acts “ordinarily incidental to non-business pursuits.” Court distinguished State Farm v. Reed re: similar issue.

Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998) (Premises liability—security). A landmark decision that reversed court of appeals and reinstated jury verdict for apartment complex. Rejected alleged liability based upon inadequate security and failure to prevent serial rapist’s attack. Declared new standard for liability in premises security lawsuits.

Trinity Universal Ins. Co. v. Cowan, 945 S.W.2d 819, 40 Tex. Sup. Ct. J. 583 (Tex. 1997) (Insurance coverage—general) A significant decision that reversed court of appeals and reinstated summary judgment for insurer. Registered child care provider’s regular abandonment of small children to run errands was not within exception to business exclusion for acts “ordinarily incidental to non-business pursuits.” Court distinguished State Farm v. Reed re: similar issue.