Thornal v. Cargill, Inc., 587 S.W.2d 384 (Tex. 1979). · Go Syfert
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Thornal v. Cargill, Inc., 587 S.W.2d 384 (Tex. 1979). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …when the trial court's judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment. at p. 385 ✓ Topic ↗
42 citation events (33 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Patsy Jean Johnson AKA Patricia M. Johnson v. Wayne Ventling
Tex. App. · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
when the trial court's judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment.
discussed Cited as authority (verbatim quote) Alfred Kelly Goforth v. State
Tex. App. · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
when the trial court's judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment.
discussed Cited as authority (rule) Lorrie Frazin v. Marc Sauty and Benedicte Sauty (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Consequently, the procedural posture here is akin to the one addressed by the supreme court in Thornal v. Cargill, Inc., 587 S.W.2d 384, 384 (Tex. 1979) (per curiam) (op. on reh’g).
discussed Cited as authority (rule) Phillips v. Bramlett
Tex. · 2013 · confidence medium
We reaffirmed this holding in Thermal v. Cargill, Inc., when we reformed a court of appeals’ judgment to provide for post-judgment interest from the date of the trial court’s original judgment, after the court of appeals had reversed and rendered judgment but failed to include an award of postjudgment interest. 587 S.W.2d 384, 384-85 (Tex.1979) (per cu-riam).
examined Cited as authority (rule) Bramlett v. Phillips (4×)
Tex. App. · 2012 · confidence medium
Thornal v. Cargill, 587 S.W.2d 384, 385 (Tex.1979); D.C.
cited Cited as authority (rule) Dale Bramlett, Individually and as Independent Administrator of the Estate of Vicki Bramlett, Shane Fuller and Michael Fuller v. Benny P. Phillips, M.D.
Tex. App. · 2012 · confidence medium
Thornal v. Cargill, 587 S.W.2d 384, 385 (Tex. 1979); D.C.
cited Cited as authority (rule) Dale Bramlett, Individually and as Independent Administrator of the Estate of Vicki Bramlett, Shane Fuller and Michael Fuller v. Benny P. Phillips, M.D.
Tex. App. · 2012 · confidence medium
Thornal v. Cargill, 587 S.W.2d 384, 385 (Tex. 1979); D.C.
discussed Cited as authority (rule) Mason v. Western Mortgage Loan Corp.
Utah Ct. App. · 1988 · confidence medium
The minority rule, as adopted by the Alaska Supreme Court in Isaacson, states, “[W]hen the trial court’s judgment is erroneous, the judgment of the [appellate court] must take its place and plaintiff is entitled to interest from the date of the *987 erroneous judgment.” 640 P.2d at 817 (quoting Thornal v. Cargill, Inc., 587 S.W.2d 384, 385 (Tex.1979).
cited Cited as authority (rule) Ruby Conway v. Chemical Leaman Tank Lines, Inc.
5th Cir. · 1982 · confidence medium
Phillips Petroleum v. Riverview Gas Compression Co., 409 F.Supp. 486, 496 (N.D.Tex.1976); Thornal v. Cargill, Inc., 587 S.W.2d 384, 384-85 (Tex.1979).
cited Cited as authority (rule) Isaacson Structural Steel Co. v. Armco Steel Corp.
Alaska · 1982 · confidence medium
Thornal v. Cargill, Inc., 587 S.W.2d 384, 385 (Tex.1979).
cited Cited "see" Kyle Johnson and Dionne Johnson v. Graze Out Cattle Co.
Tex. App. · 2012 · signal: see · confidence high
See Thornal v. Cargill, 587 S.W.2d 384, 385 (Tex. 1979); Bramlett v. Phillips, 359 S.W.3d 304, 312 (Tex.App.--Amarillo 2012, pet. filed); D.C.
cited Cited "see" Kyle Johnson and Dionne Johnson v. Graze Out Cattle Co.
Tex. App. · 2012 · signal: see · confidence high
See Thornal v. Cargill, 587 S.W.2d 384, 385 (Tex. 1979); Bramlett v. Phillips, 359 S.W.3d 304, 312 (Tex.App.--Amarillo 2012, pet. filed); D.C.
cited Cited "see" Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas Processors, LLC
Tex. App. · 2006 · signal: see · confidence high
See Thornal v. Cargill, Inc. , 587 S.W.2d 384 , 384 B 85 (Tex. 1979).
cited Cited "see" Apache Corp. v. DYNEGY MIDSTREAM SERVICES
Tex. App. · 2006 · signal: see · confidence high
See Thornal v. Cargill, Inc., 587 S.W.2d 384, 384-85 (Tex.1979).
discussed Cited "see" Sun Power, Inc. v. Adams (2×)
Tex. App. · 1988 · signal: see · confidence high
See Thornal v. Cargill, Inc., 587 S.W.2d 384, 384-85 (Tex. 1979).
cited Cited "see" Moser v. United States Steel Corp.
Tex. App. · 1980 · signal: see · confidence high
See Justice Keith’s dissenting opinion in Thomal v. Cargill, Inc., 573 S.W.2d 845, at 847 (Tex.Civ.App. — Beaumont 1978), aff’d in part and rev'd in part per curiam, 587 S.W.2d 384 (Tex. 1979).
discussed Cited "see, e.g." Patsy Jean Johnson AKA Patricia M. Johnson v. Wayne Ventling (2×)
Tex. App. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Thornal v. Cargill, Inc., 587 S.W.2d 384, 385 (Tex.1979) (“[W]hen the trial court’s judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment.”); Am.
cited Cited "see, e.g." Long v. Castle Texas Production Ltd. Partnership
Tex. App. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Thornal v. Cargill, Inc., 587 S.W.2d 384, 384-85 (Tex.1979).
cited Cited "see, e.g." Larry T. Long, L. Allan Long, and B. Virginia Long, in Their Capacities as Trustees of the Lawrence Allan Long Trust, the Charles Edward Long Trust, the Larry Thomas Long Trust and the John Stephen Long Trust D/B/A the Long Trusts v. Castle Texas Production Limited Partnership
Tex. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Thornal v. Cargill, Inc., 587 S.W.2d 384, 384-85 (Tex. 1979).
Retrieving the full opinion text from the archive…
Floyd B. THORNAL, Petitioner,
v.
CARGILL, INC., Et Al., Respondents
B-8065.
Texas Supreme Court.
Jun 13, 1979.
587 S.W.2d 384
John L. Fulbright, Beaumont, for petitioner., Benckenstein & Norvell, John H. Benck-enstein, Orgain, Bell & Tucker, Cleve Bach-man, Wells, Peyton, Duncan, Beard, Green-berg, Hunt & Crawford, George E. Duncan, Beaumont, for respondents.
Per Curiam.
Cited by 30 opinions  |  Published

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our former per curiam opinion, set aside the former judgment, grant petitioner’s motion for rehearing, and substitute this as the court’s opinion. This is a personal injury action in which Floyd Thornal alleged injuries resulting from a fall due to negligence. After a jury trial, the court rendered judgment that plaintiff take nothing. The court of civil appeals affirmed in part and reversed and rendered in part. 573 S.W.2d 845.

We agree with the holding of the court of civil appeals that the trial court erred in failing to disregard the jury’s answer that Thornal’s supervisor was aware of the danger involved in using the ramp as a walkway. However, we are not in accord with the court’s holding that Parker v. Highland Park, 565 S.W.2d 512 (Tex.1978), retroactively controls this disposition. Even when we apply the law as it existed prior to Parker, there is no evidence that Thornal’s supervisor was aware of the hazard involved in attempting to use the ramp as a walkway under the circumstances as they existed on the occasion in question. The “no duty” doctrine, as it existed before Parker, was, therefore, not applicable.

In reversing the trial court’s judgment and rendering judgment for Thornal, the judgment of the court of civil appeals did not provide for post-judgment interest. In American Paper Stock Co. v. Howard, 528 S.W.2d 576 (Tex.1975), we stated that[*385] when the trial court’s judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment. Therefore, Thornal was entitled to interest at nine percent from the date of the trial court’s judgment.

Pursuant to Rule 483, Texas Rules of Civil Procedure, we grant the application for writ of error and, without hearing oral argument, reform the judgment of the court of civil appeals to provide for interest at nine percent from the date of the trial court’s judgment, and as reformed, the judgment is affirmed.