Texas High Court to Review Personal Injury Damages Under Takings Clause

AUSTIN, Texas -- The Texas Supreme Court on May 5 granted a petition to review a jury's decision to award a benzene plaintiff $7.5 million in personal injury damages under the state's Takings Clause. The City of San Antonio v. Pollock, et al., No. 04-1118 (Texas Sup. Ct.).

The City of San Antonio had argued in briefs filed in the high court that the plaintiffs failed to cite a single case where a court has awarded personal injury damages under the Takings Clause. Instead, the city claimed, the correct recovery for the plaintiffs is under the Tort Claims Act, which …