duty ends inquiry (Texas) · Go Syfert
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duty ends inquiry in Texas

41 Texas opinions name it 1 courts 1999–2025 10 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Van Horn v. Chambersgreen
tex · 1998 · cited in 34 Texas opinions naming this issue, 2000–2025
2 sentences

2025See Thapar v. Zezulka, 994 S.W.2d 635, 638-40 (Tex. 1999) (affirming summary judgment against plaintiff on negligence claim because 33 “we have never recognized the only underlying duty upon which such a cause of action could be based”); Obialo v. N. Healthcare Land Ventures, Ltd., No. 01-17- 00317-CV, 2018 WL 3233575 , at *7 (Tex. App.—Houston [1st Dist.] July 3, 2018, no pet.) (mem. op.) (affirming traditional and no-evidence summary judgment against plaintiff on his negligence claim based on nonexistence of alleged duty, noting that “[t]he nonexistence of a duty ends the inquiry into whethe

2025See Thapar v. Zezulka, 994 S.W.2d 635, 638-40 (Tex. 1999) (affirming summary judgment against plaintiff on negligence claim because 33 “we have never recognized the only underlying duty upon which such a cause of action could be based”); Obialo v. N. Healthcare Land Ventures, Ltd., No. 01-17- 00317-CV, 2018 WL 3233575 , at *7 (Tex. App.—Houston [1st Dist.] July 3, 2018, no pet.) (mem. op.) (affirming traditional and no-evidence summary judgment against plaintiff on his negligence claim based on nonexistence of alleged duty, noting that “[t]he nonexistence of a duty ends the inquiry into whethe

2334
Thapar v. Zezulkagreen
tex · 1999 · cited in 2 Texas opinions naming this issue, 2025–2025
2 sentences

2025See Thapar v. Zezulka, 994 S.W.2d 635, 638-40 (Tex. 1999) (affirming summary judgment against plaintiff on negligence claim because 33 “we have never recognized the only underlying duty upon which such a cause of action could be based”); Obialo v. N. Healthcare Land Ventures, Ltd., No. 01-17- 00317-CV, 2018 WL 3233575 , at *7 (Tex. App.—Houston [1st Dist.] July 3, 2018, no pet.) (mem. op.) (affirming traditional and no-evidence summary judgment against plaintiff on his negligence claim based on nonexistence of alleged duty, noting that “[t]he nonexistence of a duty ends the inquiry into whethe

2025See Thapar v. Zezulka, 994 S.W.2d 635, 638-40 (Tex. 1999) (affirming summary judgment against plaintiff on negligence claim because 33 “we have never recognized the only underlying duty upon which such a cause of action could be based”); Obialo v. N. Healthcare Land Ventures, Ltd., No. 01-17- 00317-CV, 2018 WL 3233575 , at *7 (Tex. App.—Houston [1st Dist.] July 3, 2018, no pet.) (mem. op.) (affirming traditional and no-evidence summary judgment against plaintiff on his negligence claim based on nonexistence of alleged duty, noting that “[t]he nonexistence of a duty ends the inquiry into whethe

22
Hancock v. City of San Antoniogreen
texapp · 1990 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007However, the threshold issue in any negligence case is whether the alleged tortfeasor owes a legal duty to the injured party, see Hancock v. City of San Antonio, 800 S.W.2d 881, 884 (Tex.App.-San Antonio 1990, writ denied), and ‘‘[t]he nonexistence of a duty ends the inquiry into whether negligence liability may be imposed.” VanHom v. Chambers, 970 S.W.2d 542, 544 (Tex. 1998).

2007However, t he threshold issue in any negligence case is whether the alleged tortfeasor owes a legal duty to the injured party, see Hancock v. City of San Antonio , 800 S.W.2d 881, 884 (Tex. App.-San Antonio 1990, writ denied), and "[t[he nonexistence of a duty ends the inquiry into whether negligence liability may be imposed." VanHorn v. Chambers , 970 S.W.2d 542, 544 (Tex. 1998).

22
National Convenience Stores Inc. v. Mathernegreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Nat’l Convenience Stores Inc. v. Matherne, 987 S.W.2d 145, 148 (Tex. App.—Houston [14th Dist.] 1999, no pet.).

11
Kennamer v. ESTATE OF NOBLITTgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023“The non-existence of a duty ends the inquiry.” Kennamer v. Estate of Noblitt, 332 S.W.3d 559, 564 (Tex. App.—Houston [1st Dist.] 2009, pet. denied).

11
Little v. Delta Steel, Inc.green
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Conclusion Because Grant failed to present more than a scintilla of evidence that Arrow was his common law employer with respect to the claims at issue, and because Arrow’s status as Grant’s alleged employer was the basis for the duty element of Grant’s negligence and negligence per se claims, Grant has failed to raise a genuine issue of material fact on these claims sufficient to defeat Arrow’s no-evidence motion for summary judgment. “[T]he ‘nonexistence of a duty ends the inquiry into whether negligence liability may be imposed.’” Little v. Delta Steel, Inc., 409 S.W.3d 704, 717 (Tex. App.—

11
J.P. Morgan Chase Bank, N.A. Ex Rel. Bank One, N.A. v. Texas Contract Carpet, Inc.green
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Morgan Chase Bank, N.A. v. Texas Contract Carpet, Inc., 302 S.W.3d 515, 529 (Tex. App.––Austin 2009, no pet.) (“In the absence of a duty, there can be no negligence.”) (quoting Southwestern Elec.

11
Torrington Co. v. Stutzmangreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Generally, there is “no duty to take action to prevent harm to others absent certain special relationships or circumstances.” Torrington Co. v. Stutzman, 46 S.W.3d 829, 837 (Tex. 2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Morris v. SCOTSMAN INDUSTRIES, INC. green
texapp · 2003
2 sentences

2022Conclusion Because Grant failed to present more than a scintilla of evidence that Arrow was his common law employer with respect to the claims at issue, and because Arrow’s status as Grant’s alleged employer was the basis for the duty element of Grant’s negligence and negligence per se claims, Grant has failed to raise a genuine issue of material fact on these claims sufficient to defeat Arrow’s no-evidence motion for summary judgment. “[T]he ‘nonexistence of a duty ends the inquiry into whether negligence liability may be imposed.’” Little v. Delta Steel, Inc., 409 S.W.3d 704, 717 (Tex. App.—

2013The existence of a duty is a threshold question of law, and the “nonexistence of a duty ends the inquiry into whether negligence liability may be imposed.” Id.

32013–2022
Saucedo v. Horner green
texapp · 2010
1 sentence

2017Saucedo, 329 S.W.3d at 830 .

12017–2017
Greater Houston Transportation Co. v. Phillips green
tex · 1991
2 sentences

1999Id. *162 Generally, an owner or occupier of land owes no duty to ensure an independent contractor "safely" performs its work.

1999Id.

11999–1999

Statutes the citing opinions construe

TX § Tex. Lab. Code § 408.001 (4) TX § Tex. Lab. Code § 401.011 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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