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Author Archives: Ben Agosto III

Texas Civil Practice & Remedies Code Chapter 95 – The Entire Workplace Cannot Be An “Improvement”

In Texas, a landowning defendant sued under a premises liability theory of negligence is afforded a particularly stalwart affirmative defense pursuant to Texas Civil Practice and Remedies Code Chapter 95. Referred to commonly as simply “Chapter 95,” it “applies to a claim, counterclaim, cross-claim, or…

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Texas Expands The Eight-corners Rule – Extrinsic Evidence May Be Used To Examine Insurance Contracts In Narrow Circumstances

In the Texas Supreme Court’s recent opinion of Monroe Gaur. Ins. Co. v. BITCO Gen. Ins. Co., Texas’ longstanding “eight-corners” rule was modified to permit the admission of extrinsic evidence under narrowly defined circumstances. See __ S.W.3d __, 2022 WL 413940 at *8. Predictably, the…

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New Texas Trucking Laws Sacrifice Citizens’ Safety to Protect Commercial Truck Companies

On September 1, 2021, a new law will go into effect in Texas that will upend civil protections for those injured or killed as a result of the negligence of a commercial truck driver. Specifically, the new law is found in the form of supplement…

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Carbon Monoxide, The Silent Killer—When Silence Is Not Golden

From the inside of your home to the workplace, carbon monoxide is an ever-present threat, and is the leading cause of death from unintentional poisoning. Each year, more than 430 Americans die from unintentional CO poisoning not linked to fire and more than 50,000 visit…

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