Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
34 Texas opinions name it 2 courts 1995–2025 9 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.
| Case | Followed | Cited |
|---|---|---|
Doe v. Boys Clubs of Greater Dallas, Inc.green2 sentences2009See Doe v. Boys Clubs of Greater Dallas, Inc. , 907 S.W.2d 472, 477 (Tex. 1995). Â Â Â Â Â Â Â Â Â Â In assessing whether a duty exists, a reviewing court should consider factors such as the risk, foreseeability, and likelihood of injury weighed against the social utility of the actorâs conduct; the magnitude of the burden in guarding against injury; and the consequences of placing the burden on the defendant. 2009See Doe v. Boys Clubs of Greater Dallas, Inc. , 907 S.W.2d 472, 477 (Tex. 1995). | 7 | 8 |
Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc., United Phosphorus, Inc., and Mark Boydgreen2 sentences2023Gharda USA, Inc. v. Control Solutions, Inc., 464 S.W.3d 338, 352 (Tex. 2015). 2020The elements of a negligence claim are the “existence of a legal duty, a breach of that duty, and damages proximately caused by the breach.” Gharda USA, Inc. v. Control Sols., Inc., 464 S.W.3d 338, 352 (Tex. 2015) (internal quotations omitted). | 7 | 7 |
Rodriguez-Escobar v. Gossgreen2 sentences2025Rodriguez– Escobar v. Goss, 392 S.W.3d 109, 113 (Tex. 2013). 2022“The elements of a negligence claim are (1) the existence of a legal duty, (2) a breach of that duty, and (3) damages proximately caused by the breach.” Lee v. Carmona, No. 02-16- 00443-CV, 2018 WL 1192240 , at *1 (Tex. App.—Fort Worth Mar. 8, 2018, no pet.) (mem. op.) (citing Rodriguez-Escobar v. Goss, 392 S.W.3d 109, 113 (Tex. 2013) (per curiam)). | 4 | 4 |
Werner v. Colwellgreen2 sentences2015See Werner v. Colwell, 909 S.W.2d 866, 869 (Tex. 1995). 2007See Werner v. Colwell , 909 S.W.2d 866, 869 (Tex. 1995). | 2 | 2 |
IHS CEDARS TREATMENT CTR OF DESOTO, TEXAS, INC. v. Masongreen2 sentences2015IHS Cedars Treatment Ctr. of 26 DeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 798 (Tex. 2004). 2007IHS Cedars Treatment Ctr. of DeSoto, Tex., Inc. v. Mason , 143 S.W.3d 794 , 798 (Tex. 2003). | 1 | 2 |
Kelly Spurlock, as Legal Representative for the Estate of J.O. Spurlock v. Beacon Lloyds Insurance Company and Grantham-Adkins Insurance Agencygreen1 sentence2025Co., 494 S.W.3d 148, 155 (Tex. App.— Eastland 2015, pet. denied). | 1 | 1 |
Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.green1 sentence2024Landfill, Inc., 434 S.W.3d 142, 156 (Tex. 2014).5 The elements of a negligence claim are (1) a legal duty owed by one person to another, (2) a breach of that duty, and (3) damages proximately caused by the breach. | 1 | 1 |
Western Investments, Inc. v. Urenagreen1 sentence2022Western Invs., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex. 2005). | 1 | 1 |
City of Fort Worth v. Zimlichgreen1 sentence2022The jury was charged with the definitions of negligence, ordinary care, and proximate cause, and “[w]e evaluate the evidence presented at trial in light of these definitions.” Campbell v. Perez, No. 02- 14-00248-CV, 2015 WL 1020842 , at *2 (Tex. App.—Fort Worth Mar. 5, 2015, no pet.) (mem. op.) (citing City of Fort Worth v. Zimlich, 29 S.W.3d 62, 71 (Tex. 2000)). | 1 | 1 |
Long Canyon Phase II & III Homeowners Ass'n v. Cashiongreen1 sentence2021Long Canyon Phase II & III Homeowners Ass’n, Inc. v. Cashion, 517 S.W.3d 212, 223 (Tex. App.—Austin 2017, no pet.). | 1 | 1 |
Marcela and Jose Bustamante, as Next Friends of D.B. v. Enrique N. Ponte, Jr., M.D. and Pediatrix Medical Services, Inc.green1 sentence2019The elements of a negligence claim are “the existence of a legal duty, a breach of that duty, and damages proximately caused by the breach.” Bustamante v. Ponte, 529 S.W.3d 447, 456 (Tex. 2017). | 1 | 1 |
Sport Supply Group, Inc. v. Columbia Casualty Co.green1 sentence2014Co., 335 F.3d 453, 466 (5th Cir. 2003). | 1 | 1 |
Kroger Co. v. Elwoodgreen1 sentence2007Kroger Co. v. Elwood, 197 S.W.3d 793, 794 (Tex.2006); Doe, 907 S.W.2d at 477 . | 1 | 1 |
IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Masongreen2 sentences2004IHS Cedars Treatment Ctr. of DeSoto, Texas, Inc. v. Mason, No. 01-0926, 47 Tex. Sup. Ct. J. 666, 668 , 2004 WL 1396194, at *3 (Tex. June 18, 2004). 2004IHS Cedars Treatment Ctr. of DeSoto, Texas, Inc. v. Mason, No. 01-0926, 47 Tex. Sup. Ct. J. 666, 668 , 2004 WL 1396194, at *3 (Tex. June 18, 2004). | 1 | 1 |
Bird v. W.C.W.green1 sentence1996Bird v. W.C.W., 868 S.W.2d 767, 769 (Tex.1994); Greater Houston Transp. | 1 | 1 |
Hager v. Rominesgreen1 sentence1996Hager v. Romines, 913 S.W.2d 733, 734 (Tex.App.—Fort Worth 1995, no writ). | 1 | 1 |
Rosas v. Buddies Food Storegreen1 sentence1995See Rosas v. Buddies Food Store, 518 S.W.2d 534, 586 (Tex.1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nabours v. Longview Savings & Loan Ass'n
green
1 sentence2023The court also noted that while the release signed by the plaintiff effectively released pre-injury claims based on negligence, it did not mention gross negligence or suggest that the plaintiff “was releasing a right to prove the elements of a negligence claim or actual damages, which would be a prerequisite to recovery of exemplary damages.” Id. at 925 . | 1 | 2023–2023 |
Rose Ex Rel. C.D. v. Ben C. Hebert Heirs
green
1 sentence2018According to Appellants, “in the case at bar there is indisputable evidence of the wreck, and exceptionally strong circumstantial evidence pointing towards the conclusion that the horse in front of Courville’s property during a search for escaped horses known to belong to Courville – was in fact Courville’s horse.” Appellants also argue that if this Court reaches “the second point raised in [Defendant’s] motion . . . despite the [trial] Court’s letter ruling, there is sufficient evidence for a jury to determine that Courville had in fact ‘permitted’ the horse to be on the road as judged by the | 1 | 2018–2018 |
Kelly v. Demoss Owners Ass'n
green
1 sentence2009Kelly, 71 S.W.3d at 422 . 5 Applicable Law The elements of a negligence claim are duty, breach of that duty, and damages proximately caused by the breach of duty. | 1 | 2009–2009 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.