Legal Opinion

Walker Engineering, Inc. v. Bracebridge Corp.

Texas Court of Appeals, 5th District (Dallas)

Decided May 9, 2003No. 05-02-01295-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

Opinion By

Justice WHITTINGTON.

Walker Engineering, Inc. appeals the trial court’s judgment in favor of Brace-bridge Corp. fVa MBNA Texas Properties, Inc. (“MBNA”). In seven issues, Walker contends the trial judge erred in granting judgment in favor of MBNA and denying Walker relief because MBNA contractually waived its right to sue Walker for damages. We reverse the trial court’s judgment and render judgment for Walker.

BACKGROUND

On July 2, 1997, MBNA and Austin Commercial Inc. entered into a construction contract relating to an MBNA property known as the Hallmark Center in Dallas (the…

2Cases cited12 opinions

  1. State Farm Lloyds v. KesslerCourt of Appeals of Texas · 1996
  2. Tokio Marine And Fire Insurance Company Limited v. Employers Insurance Of WausauCourt of Appeals for the Second Circuit · 1986
  3. Employers Mutual Casualty Co. v. A.C.C.T., Inc.Supreme Court of Minnesota · 1998
  4. S.S.D.W. Co. v. Brisk Waterproofing Co.New York Court of Appeals · 1990
  5. Temple EasTex, Inc. v. Old Orchard Creek Partners, Ltd., Texas Court of Appeals, 5th District (Dallas)1992

7 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. LEXINGTON INSURANCE COMPANY v. Entrex Communication Services, Inc.Nebraska Supreme Court · 2008
  2. C & G, INC. v. Jones, Texas Court of Appeals, 5th District (Dallas)2005
  3. TX. C.C., Inc. v. Wilson/Barnes General Contractors, Inc., Texas Court of Appeals, 5th District (Dallas)2007
  4. American Zurich Insurance Company as Subrogee of the Varsity Golf Club, LTD D/B/A the University of Texas Golf Club v. Barker Roofing, L.P., Texas Court of Appeals, 7th District (Amarillo)2012
  5. Stop & Shop Supermarket Co. v. ABCO Refrigeration Supply Corp.Connecticut Superior Court · 2003

15 more not listed; retrieve them via the Exa API.

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