Legal Opinion
Decker v. Urrutia
Texas Court of Appeals, 1st District (Houston)
Decided April 30, 1998No. 01-96-01560-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
MIRABAL, Justice.
Following an automobile accident, plaintiff Ferol Decker settled his claims against defendant Emilio Urrutia (the driver of the other vehicle, a rented truck) and defendant Penske Truck Leasing Co. (the truck rental company). After the settlement, plaintiff sued the defendants for negligence, alleging the settlement was void due to fraud or mutual mistake. Plaintiff appeals a take-nothing summary judgment in favor of both defendants. We reverse and remand.
On June 5, 1995, the driver of the rental truck crossed the road center line and struck plaintiff’s car head-on,…
2Cases cited5 opinions
- Randall's Food Markets, Inc. v. JohnsonTexas Supreme Court · 1995
- Williams v. GlashTexas Supreme Court · 1990
- Deer Creek Ltd. v. North American Mortgage Co., Texas Court of Appeals, 5th District (Dallas)1990
- DiFrancesco v. Houston General Insurance Co., Texas Court of Appeals, 6th District (Texarkana)1993
- Springfield v. Aetna Casualty & Surety Insurance Co.Texas Supreme Court · 1981
3Cited by5 opinions
- Atlantic Lloyds Insurance Co. v. Butler, Texas Court of Appeals, 1st District (Houston)2004
- Urrutia v. DeckerTexas Supreme Court · 1999
- Atlantic Lloyd's Insurance Company of Texas, Centennial Insurance Company, Atlantic Mutual Insurance Company, Barry Brady, and Thomas Gervasio v. Sue Butler, Shiela Cauley, Brad Godwin, Gayle Godwin, Individually and as Personal Representative of the Estate of Paul Godwin, Delores Hardy, Marilyn Savage Martinez, Texas Court of Appeals, 1st District (Houston)2003
- Atlantic Lloyd's Insurance Company of Texas, Centennial Insurance Company, Atlantic Mutual Insurance Company, Barry Brady, and Thomas Gervasio v. Sue Butler, Shiela Cauley, Brad Godwin, Gayle Godwin, Individually and as Personal Representative of the Estate of Paul Godwin, Delores Hardy, Marilyn Savage Martinez, Texas Court of Appeals, 1st District (Houston)2004
- Decker v. Urrutia, Texas Court of Appeals, 1st District (Houston)1998