Weidner v. Sanchez

In Weidner v. Sanchez, 14 S.W.3d 353 (Tex. App.-Houston 14th Dist. 2000, no pet.), the plaintiff initially pleaded that her damages were $95,000 and thus within the county court at law's jurisdiction. Id. at 359. She amended her petition and increased her claimed damages to $210,000 but only after her board-certified orthopedic surgeon testified on deposition that time had proven her injuries were not temporary, as he had believed, but permanent. Id. at 359- 60. The Fourteenth Court of Appeals rejected the defendant's jurisdictional challenge, stating that "the record does not affirmatively establish that the plaintiff and her trial attorney knew or should have known her injuries were permanent at the time she filed her original petition." Id. at 361. The Weidner plaintiff thus filed an original petition claiming a specific amount of damages within the county court at law's jurisdictional limits - "thereby lawfully and properly" invoking the county court at law's jurisdiction - and later amended her petition to increase the amount of claimed damages beyond the county court at law's jurisdictional limit because the passage of time had proved the injuries she thought were temporary were in fact permanent.