Supreme Court

Case: 25-0291    
25-0291
04/07/2025
Petition for Review originally filed as 53.7(f)
KRISTINA SMITH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JENNIPHER SMITH, AND AS NEXT FRIEND OF N.J. AND B.J. 
TEXAS DEPARTMENT OF TRANSPORTATION AND VULCAN MATERIALS COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/27/2026Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Kristina Smith, et al.
04/10/2026Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Texas Department of Transportation.
04/10/2026Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Vulcan Materials Company.
01/20/2026Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Kristina Smith, et al.
12/01/2025Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Kristina Smith, et al.
09/29/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of Vulcan Materials Company.
09/29/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Department of Transportation.
06/23/2025Petition for ReviewPetitioner Petition for Review filed on behalf of Kristina Smith, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
05/27/2026Reply Brief  Reply Brief on the Merits filed on behalf of Kristina Smith, et al.
05/07/2026Electronic communication received from Party  Call received from counsel regarding Motion.
04/28/2026Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. No further extensions of time for this filing will be considered. Reply brief is due no later than May 27, 2026.
04/24/2026Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kristina Smith, et al.
04/10/2026Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Texas Department of Transportation.
04/10/2026Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Vulcan Materials Company.
03/06/2026Motion for Extension of Time disposed.Filing granted Vulcan Material Company's Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. No further extensions of time for this filing will be considered. Respondent's brief is due no later than April 10, 2026; and Reply brief is due April 27, 2026.
03/05/2026Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Vulcan Materials Company.
03/05/2026Notice of Appearance  Notice of Appearance and Designation of Lead Counsel filed on behalf of the Texas Department of Transportation.
03/05/2026Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's brief is due April 10, 2026. Further requests for extensions of time for this filing will not be considered. Reply Brief is due April 27, 2026.
03/05/2026Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of the Texas Department of Transportation.
02/03/2026Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due no later than March 11, 2026. Petitioner's Reply Brief is due March 26, 2026. Further requests for extensions of time for this filing will be disfavored.
02/03/2026Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of the Texas Department of Transportation.
02/03/2026Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time for this filing will be disfavored. Respondent's brief is due no later than March 11, 2026; and Reply brief is due March 26, 2026.
02/02/2026Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petition for Review filed on behalf of Vulcan Material Company.
01/20/2026Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Kristina Smith, et al.
12/19/2025Brief on the Merits Ordered  Court ordered brief on the merits: Petitioner's brief due no later than January 20, 2026; Response brief due February 9, 2026; Reply brief due February 24, 2026.
12/01/2025Reply to Response  Reply in Support of Petition for Review filed on behalf of Kristina Smith, et al.
11/14/2025MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply in Support of Petition for Review granted. No further extensions of time for this filing will be considered. Reply is due no later than December 1, 2025.
11/13/2025Motion to Extend Time to File Reply filed  Second Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Kristina Smith, et al.
10/14/2025MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time for this filing will be disfavored. Reply is due no later than November 13, 2025.
10/13/2025Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Kristina Smith, et al.
09/29/2025Response to Petition  Response to Petition for Review filed on behalf of Vulcan Materials Company.
09/29/2025Response to Petition  Response to Petition for Review filed on behalf of Texas Department of Transportation.
09/09/2025Call received  Call received from Vulcan Materials Company.
08/29/2025Supreme Court of Texas Requested Response  Requested response to petition for review due no later than September 29, 2025.
07/29/2025Case forwarded to Court 
07/22/2025Response Waiver filed  Response Waiver filed on behalf of Texas Department of Public Transportation.
07/21/2025Response Waiver filed  Response Waiver filed on behalf of Vulcan Materials Company.
06/23/2025Petition for Review  Petition for Review filed on behalf of Kristina Smith, et al.
06/05/2025Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted. Petition for Review is due June 23, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/05/2025Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Kristina Smith.
05/06/2025Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition is granted. Petition for Review is due June 6, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/05/2025Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Kristina Smith.
04/07/2025Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review is due May 7, 2025.
04/07/2025Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Kristina Smith.
04/07/2025Court reporter/recorder's record 
04/07/2025Clerk's Record 
04/07/2025Clerk's Record 
04/07/2025Clerk's Record 
04/07/2025Court reporter/recorder's record 
04/07/2025Court reporter/recorder's record 
04/07/2025Clerk's Record 
04/07/2025Court reporter/recorder's record 
04/07/2025Clerk's Record 
04/07/2025Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/29/2025Work-Up by Staff / Review by JusticesUnder Review 
Parties
Party▲▼Party Type▲▼Representative▲▼
Vulcan Materials Company RespondentMs. Wanda McKee Fowler
Mr. Gregory Burton
Mr. Bradley W. Snead
Ruben Garza III
Mr. Randy Akin
Texas Department of TransportationRespondentMs. Nanette Marie Dinunzio
Mr. Austin Kinghorn
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Nicholas McDowell
Mr. Jeffrey Stephens
Mr. Brent Webster
Mr. Ralph Molina
Mr. Joshua Longi
Mr. Garland J. Williams
Smith, KristinaPetitionerMr. Joseph Cecere
Mr. Josh Maness
Court of Appeals Information:
Reverse & Remand 
___ SW3d ___, 10-31-24 
6th Court of Appeals 
Honorable Daymon Jeffrey Rambin 
Trial Court Information
71st District Court 
Harrison 
Honorable Brad Morin 
21-0667