Texas Supreme Court

Bill Graham, Petitioners v. Rafael Franco, Respondents

November 8, 197216 Tex. Sup. Ct. J. 62

Summary

The Texas Supreme Court held that the statute making a spouse's personal injury recovery (except loss of earning capacity) separate property is constitutional, that a wife's personal injury recovery is her separate property, that the husband's negligence is not imputed to bar her recovery, and that medical expenses and loss of earning capacity are community property. The Court affirmed the Court of Civil Appeals after reforming its judgment.