· 8/29/2008
Galle, Inc. v. Pool
Citations
- 262 S.W.3d 564
- 2008 Tex. App. LEXIS 7490
- 2008 WL 3984370
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “if the plaintiff has suffered only one injury, even if based on ‘overlapping and varied theories of liability,’ the plaintiff may only recover once”
- finding that Chapter 33 applied to negligent misrepresentation claim even when defendant settled, settling defendant was not included in liability question, and nonsettling defendant at trial was found wholly responsible for plaintiff’s tort claim
- holding similarly when the nonsettling defendant was found “wholly responsible”
- noting “theoretic possibility” that settlement agreement covered only settling defendant’s sole liability damages but holding plaintiffs had burden to allocate settlement proceeds
- reversing and rendering judgment for remediation contractor in mold suit based on plaintiffs’ settlement with insurance company
- noting overlapping damage categories alleged in live pleadings
Source: CourtListener parenthetical corpus (CC0).
Judges: Law, Puryear, Pemberton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.