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The Admissibility of the Failure to Wear a Seatbelt During A Motor Vehicle Collision

In Nabors Well Services, Ltd. v. Romero, occupants of a vehicle sued an oil services company for negligence after a collision which killed one of the vehicle's occupants and injured the other seven. Several of the occupants were ejected from the vehicle, and there was evidence that many were not wearing seatbelts. The trial court excluded all evidence of nonuse of seatbelts pursuant to the Supreme Court’s 1974 decision in Carnation Co. v. Wong, which held that a plaintiff’s nonuse of a sea...read more

Paid or Incurred: After Haygood v. Escabedo

This is primarily intended for lawyers practicing in Texas; however, I strongly encourage everyone to read this article and understand the implications of the decision by the Texas Supreme Court in Haygood v. Escabedo. Under the Texas Civil Practice & Remedies Code, recovery of medical expenses is limited to the amount actually paid or incurred. Tex.Civ.Prac. & Rem.Code §41.0105. The exact language of the statute is as follows: In addition to any other limitation under law, recovery o...read more

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