Published opinions from 2004. The case name opens the case page.
September 3, 200447 Tex. Sup. Ct. J. 1104
The Court held that parties may knowingly and voluntarily waive a civil jury trial in advance, and that the waiver in this negotiated commercial lease was enforceable. The waiver also applied to the guarantors through the guaranty’s incorporation of the lease terms, and a general fraudulent-inducement claim did not…
April 2, 200447 Tex. Sup. Ct. J. 386
The Court held that the Department’s evidence could be considered on its jurisdictional plea and that the Mirandas failed to raise a genuine issue of material fact on gross negligence, which was necessary to waive immunity under the recreational-use statute.
The Texas Supreme Court held that the Ridgways' summary-judgment proof — affidavits from the truck's three owners and an expert affidavit that merely 'suspected' an electrical-system malfunction without excluding the fuel system or identifying any defect — was no more than a scintilla of evidence that a manufacturing…