Texas Appeals Court Upholds Pre-Occurrence Release In Personal Injury Case. In a unanimous opinion issued late last week, a Texas appellate court held that a plaintiff’s personal injury claim was barred because she had signed a form release of the defendants before she was injured. The plaintiff brought suit against her hair stylist and a hair product manufacturer, claiming that the hair product was defective and improperly applied, causing permanent hair loss. The plaintiff sought over $100,000 in damages.
On behalf of the hair product manufacturer and the hair stylist, we filed a summary judgment motion arguing that the plaintiff had signed a release before undergoing the hair treatment which expressly absolved the defendants of potential liability for personal injuries.
The trial court granted our clients a summary judgment, dismissing the case. The plaintiff appealed. Upholding the summary judgment, the unanimous court of appeals stated that the release was enforceable to release “any claim arising directly or indirectly out of any hair or beauty services performed.”
Did You know? Chamberlain McHaney has three lawyers board certified in personal injury trial law by the Texas Board of Legal Specialization. Less than three percent of all lawyers in Texas are board certified in this area.
We will cover this and other important developments of the year in our full day, fully accredited XVIII Annual Ultimate Claims Handling Seminar on October 11, 2013 at CityPlace Conference Center in Dallas, Texas.