Marcus Hernandez and Diane Hernandez v. Truck Insurance Exchange and Team Health, Inc.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00046-CV MARCUS HERNANDEZ AND APPELLANTS DIANE HERNANDEZ V. TRUCK INSURANCE EXCHANGE APPELLEES AND TEAM HEALTH, INC. ---------- FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 342-283463-16 ---------- OPINION ---------- I. Introduction In this issue of first impression, which presents a legal scenario unlikely to be repeated, we are asked to decide whether the supreme court’s opinion in Phillips v. Bramlett (Phillips I),

288 S.W.3d 876

(Tex. 2009), constitutes “a unicorn crossbow,” i.e., an item theoretically useful,…