Donald Christenbury v. Humanetics, II, Ltd.; Cause No. D-1-GN-11-003561; In the 353rd Judicial District Court of Travis County, Texas.
Eggleston + Briscoe partner David Smith recently obtained a summary judgment in a nonsubscriber case involving a pre-existing back injury. The plaintiff suffered a back injury in 2002 requiring surgery. In 2010, the plaintiff claimed he suffered a new injury that required additional surgery and rendered him permanently disabled. Eggleston + Briscoe asserted a motion for summary judgment contending that the plaintiff had no expert medical testimony linking his alleged 2010 injury with his need for additional surgery or permanent disability. The Court agreed and granted a summary judgment. The Court denied the plaintiff’s motion for a new trial, and the plaintiff did not appeal.