dual purpose rule (Texas) · Go Syfert
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dual purpose rule in Texas

24 Texas opinions name it 3 courts 1968–2026 2 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 (9)

CaseFollowedCited
St. Paul Fire and Marine Ins. Co. v. Confergreen
texapp · 1997 · cited in 6 Texas opinions naming this issue, 2007–2010
2 sentences

2010Co., 439 S.W.2d 824, 828 (Tex. 1969) ("As used in the dual-purpose rule in the phrase `in furtherance of personal or private affairs of the employee,' we think the word `furtherance' connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs...."). [27] 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). [28] 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). [29] Id. at 827, 830 ("[A]n injury occurring between work and the business errand would be compensable because the employee has not completed work, while an inju

2010Co., 439 S.W.2d 824, 828 (Tex. 1969) ("As used in the dual-purpose rule in the phrase `in furtherance of personal or private affairs of the employee,' we think the word `furtherance' connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs...."). [27] 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). [28] 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). [29] Id. at 827, 830 ("[A]n injury occurring between work and the business errand would be compensable because the employee has not completed work, while an inju

66
Rose v. Odiornegreen
texapp · 1990 · cited in 4 Texas opinions naming this issue, 2007–2009
2 sentences

2009See Rose v. Odiorne, 795 S.W.2d 210, 213-14 (Tex.App.-Austin 1990, writ denied). [1] The majority suggests that it is improper to address the application of the "continuous coverage principle" because the appellee raises this argument for the first time in this Court on rehearing.

2007Co. v. Hutchinson, 814 S.W.2d 539 (Tex. App.—Austin 1991, no writ) (holding that dual purpose rule did not bar recovery for customer service employee killed in an accident on trip from family reunion to customer’s home); Rose, 795 S.W.2d 210 . 11 It would defeat the legislative scheme to simply label all travel in the direction of home as “inherently personal” and automatically exclude it from coverage under the dual purpose rule.

34
Leordeanu v. American Protection Insurance Co.green
tex · 2010 · cited in 5 Texas opinions naming this issue, 2011–2026
2 sentences

2026Orozco, 602 S.W.3d at 397; see Leordeanu, 330 S.W.3d at 248–49.

2020The dual-purpose rule developed under common law “for the distinct situation in which the employee is traveling between work and a place other than home.” Id. at 245 .

25
Johnson v. Pacific Employers Indemnity Companygreen
tex · 1969 · cited in 2 Texas opinions naming this issue, 1969–2010
2 sentences

2010Co., 439 S.W.2d 824, 828 (Tex.1969) ("As used in the dual-purpose rule in the phrase ’in furtherance of personal or private affairs of the employee,’ we think the word ‘furtherance’ connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs.... ”). . 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). . 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). .

2010Co., 439 S.W.2d 824, 828 (Tex. 1969) ("As used in the dual-purpose rule in the phrase `in furtherance of personal or private affairs of the employee,' we think the word `furtherance' connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs...."). [27] 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). [28] 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). [29] Id. at 827, 830 ("[A]n injury occurring between work and the business errand would be compensable because the employee has not completed work, while an inju

12
County of El Paso, Self-Insured v. Mary Orozcogreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020As noted, the court of appeals did not expressly apply either exclusion, although it did rely in part on a rationale associated with the 12 coming-and-going rule to support its course-and-scope analysis. 545 S.W.3d at 645 (“We see nothing which would distinguish Ruben [Orozco], at the moment of the accident, from any number of other commuters.”).

11
Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.green
tex · 1985 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014See King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 751 (Tex. 2003). 6 Under the dual purpose doctrine, “[a]n employee in the course of his employment may perform acts of a personal nature that the person might reasonably do for his health, comfort, such as quenching thirst or relieving hunger.” Yeldell v. Holiday Hills Ret. & Nursing Ctr., 701 S.W.2d. 243, 245 (Tex. 1985). “[S]uch acts are considered incidental to the employee’s service and the injuries sustained while doing so arise in the course and scope of his employment and thus compensable.” Id. 11 We conclude that more than a scintilla of

2014See King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 751 (Tex. 2003). 6 Under the dual purpose doctrine, “[a]n employee in the course of his employment may perform acts of a personal nature that the person might reasonably do for his health, comfort, such as quenching thirst or relieving hunger.” Yeldell v. Holiday Hills Ret. & Nursing Ctr., 701 S.W.2d. 243, 245 (Tex. 1985). “[S]uch acts are considered incidental to the employee’s service and the injuries sustained while doing so arise in the course and scope of his employment and thus compensable.” Id. 11 We conclude that more than a scintilla of

11
King Ranch, Inc. v. Chapmangreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 751 (Tex. 2003). 6 Under the dual purpose doctrine, “[a]n employee in the course of his employment may perform acts of a personal nature that the person might reasonably do for his health, comfort, such as quenching thirst or relieving hunger.” Yeldell v. Holiday Hills Ret. & Nursing Ctr., 701 S.W.2d. 243, 245 (Tex. 1985). “[S]uch acts are considered incidental to the employee’s service and the injuries sustained while doing so arise in the course and scope of his employment and thus compensable.” Id. 11 We conclude that more than a scintilla of

11
American Protection Insurance Co. v. Leordeanugreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010Co., 439 S.W.2d 824, 828 (Tex. 1969) ("As used in the dual-purpose rule in the phrase `in furtherance of personal or private affairs of the employee,' we think the word `furtherance' connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs...."). [27] 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). [28] 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). [29] Id. at 827, 830 ("[A]n injury occurring between work and the business errand would be compensable because the employee has not completed work, while an inju

2010Co., 439 S.W.2d 824, 828 (Tex. 1969) ("As used in the dual-purpose rule in the phrase `in furtherance of personal or private affairs of the employee,' we think the word `furtherance' connotes the conferring of a benefit on the employee by helping to forward or advance his personal or private affairs...."). [27] 278 S.W.3d 881, 890 (Tex.App.-Austin 2009) (footnotes omitted). [28] 956 S.W.2d 825 (Tex.App.-San Antonio 1997, pet. denied). [29] Id. at 827, 830 ("[A]n injury occurring between work and the business errand would be compensable because the employee has not completed work, while an inju

11
Soto v. Seven Seventeen HBE Corp.green
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007“It is the court’s charge, not some other unidentified law, that measures the sufficiency of the evidence when the opposing party fails to object to the charge.” Soto v. Seven Seventeen HBE Corporation, 52 S.W.3d 201, 209-10 (Tex. App.—Houston [14th Dist.] 2000, no. pet.) (quoting Osterberg v. Peca, 12 S.W.2d 31 , 55 (Tex. 2000)). 5 The trial court rejected American Protection’s motion for summary judgment asserting that the dual purpose rule barred Leordeanu’s claim for benefits “because there has been no evidence offered that Ms. Leordeanu would not have gone home (that she would have abando

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 (12)

CaseCitedYears
Janak v. TEXAS EMPLOYERS'INSURANCE ASSOCIATION green
tex · 1964
2 sentences

2009Janak, 381 S.W.2d at 180 ; Tramel v. State Farm Fire & Cas.

2009Janak, 381 S.W.2d at 180 ; Tramel v. State Farm Fire & Cas.

91968–2009
Wausau Underwriters Insurance Co. v. Potter green
texapp · 1991
2 sentences

2009If facts raise the dual purpose doctrine for injury incurred during travel, the jury—as it was here—must be instructed as to the dual purpose rule. [2] Wausau Underwriters, 807 S.W.2d at 422-23 ; Texas Workers' Comp.

2009If facts raise the dual purpose doctrine for injury incurred during travel, the jury—as it was here—must be instructed as to the dual purpose rule. [2] Wausau Underwriters, 807 S.W.2d at 422-23 ; Texas Workers' Comp.

52007–2009
Aetna Casualty & Surety Co. v. Orgon green
texapp · 1986
2 sentences

2009Here the question can be rephrased: "If Leordeanu had not planned to drop by the storage unit, would she have cancelled (or not made) the travel?" The answer to this question is more easily seen to be "no" because she concedes that she was going to go home in any event and the route of travel to both the storage unit and her apartment at the time of the injury was the same. [8] The dissent argues that this case is not governed by the dual purpose rule, but by the "continuous coverage" principle applied by the court in Aetna Casualty & Surety Co. v. Orgon, 721 S.W.2d 572 (Tex.App.-Austin 1986,

2009Here the question can be rephrased: "If Leordeanu had not planned to drop by the storage unit, would she have cancelled (or not made) the travel?” The answer to this question is more easily seen to be “no” because she concedes that she was going to go home in any event and the route of travel to both the storage unit and her apartment at the time of the injury was the same. .The dissent argues that this case is not governed by the dual purpose rule, but by the "continuous coverage” principle applied by the court in Aetna Casualty & Surety Co. v. Orgon, 721 S.W.2d 572 (Tex.App.-Austin 1986, wri

32009–2009
Shelton v. Standard Insurance Company green
tex · 1965
2 sentences

2009This case is not akin to Orgon or other cases that have applied the continuous coverage principle such as Shelton v. Standard Insurance Co., 389 S.W.2d 290 (Tex. 1965), and Texas Employers Insurance Ass'n. v. Cobb, 118 S.W.2d 375 (Tex.Civ.App.-El Paso 1938, writ ref'd).

2009This case is not akin to Orgon or other cases that have applied the continuous coverage principle such as Shelton v. Standard Insurance Co., 389 S.W.2d 290 (Tex.1965), and Texas Employers Insurance Ass’n. v. Cobb, 118 S.W.2d 375 (Tex.Civ.App.-El Paso 1938, writ ref'd).

32009–2009
Texas Employers Ins. Ass'n v. Cobb green
texapp · 1938
2 sentences

2009This case is not akin to Orgon or other cases that have applied the continuous coverage principle such as Shelton v. Standard Insurance Co., 389 S.W.2d 290 (Tex. 1965), and Texas Employers Insurance Ass'n. v. Cobb, 118 S.W.2d 375 (Tex.Civ.App.-El Paso 1938, writ ref'd).

2009This case is not akin to Orgon or other cases that have applied the continuous coverage principle such as Shelton v. Standard Insurance Co., 389 S.W.2d 290 (Tex.1965), and Texas Employers Insurance Ass’n. v. Cobb, 118 S.W.2d 375 (Tex.Civ.App.-El Paso 1938, writ ref'd).

32009–2009
Texas Mutual Insurance Company v. Ronald Jerrols green
texapp · 2012
1 sentence

2015In reversing the trial court’s summary judgment, the court rejected this argument as an expansive characterization of the continuous coverage doctrine33 and, instead, concluded that the proper method to evaluate compensability was the dual purpose doctrine, and then finding conflict resulting in the reversal of summary judgment.34 31 Seabright, 427 S.W.3d at 450 . 32 Jerrols, 385 S.W.3d 619 . 33 Id at 633. 34 Id at 635. 13 CONCLUSION Here, while the Court accurately reflects the required three-step analysis for evaluating compensability in a travel case, the Court’s application of the facts to

12015–2015
Seabright Insurance Company v. Maxima Lopez, Beneficiary of Candelario Lopez green
texapp · 2014
1 sentence

2015In reversing the trial court’s summary judgment, the court rejected this argument as an expansive characterization of the continuous coverage doctrine33 and, instead, concluded that the proper method to evaluate compensability was the dual purpose doctrine, and then finding conflict resulting in the reversal of summary judgment.34 31 Seabright, 427 S.W.3d at 450 . 32 Jerrols, 385 S.W.3d 619 . 33 Id at 633. 34 Id at 635. 13 CONCLUSION Here, while the Court accurately reflects the required three-step analysis for evaluating compensability in a travel case, the Court’s application of the facts to

12015–2015
Employers Casualty Co. v. Hutchinson green
texapp · 1991
1 sentence

2007Co. v. Hutchinson, 814 S.W.2d 539 (Tex. App.—Austin 1991, no writ) (holding that dual purpose rule did not bar recovery for customer service employee killed in an accident on trip from family reunion to customer’s home); Rose, 795 S.W.2d 210 . 11 It would defeat the legislative scheme to simply label all travel in the direction of home as “inherently personal” and automatically exclude it from coverage under the dual purpose rule.

12007–2007
Garza v. Alviar green
tex · 1965
1 sentence

1991Garza v. Alviar, 395 S.W.2d 821 (Tex.1965).

11991–1991
Robins Silk Manufacturing Co. v. Consolidated Piece Dye Works green
ny · 1929
1 sentence

1973The seminal case on the dual purpose doctrine as applied to causes arising under the workmen’s compensation laws is that of Judge Cardozo in Marks’ Dependents v. Gray, 251 N.Y. 90 , 167 N.E. 181 (1929). 2 But, the examples postulated by Judge Cardozo do not fit our facts; nor, for that matter, do any of the cases mentioned herein or cited by either of the parties fit.

11973–1973
Claim of Dependents of Marks v. Gray green
ny · 1929
1 sentence

1973The seminal case on the dual purpose doctrine as applied to causes arising under the workmen’s compensation laws is that of Judge Cardozo in Marks’ Dependents v. Gray, 251 N.Y. 90 , 167 N.E. 181 (1929). 2 But, the examples postulated by Judge Cardozo do not fit our facts; nor, for that matter, do any of the cases mentioned herein or cited by either of the parties fit.

11973–1973
Davis v. Argonaut Southwest Insurance Co. green
tex · 1971
1 sentence

1972Davis v. Argonaut Insurance Company, 464 S.W.2d 102 (Tex.Sup., 1971).

11972–1972

Statutes the citing opinions construe

TX § Tex. Lab. Code § 401.011 (17)

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.

Where else courts name it

TX 24 (1968–2026) MO 22 (1965–2018) MI 12 (1966–2025) NY 10 (1986–2018) AZ 7 (1969–2026) NC 7 (1982–2011) WY 6 (1984–2017) FL 6 (1982–2023) CA 6 (1978–2025) NM 6 (1982–2010) MD 5 (1992–2019) DE 5 (1983–2021) AL 4 (1987–2010) SD 4 (1989–2021) MS 4 (1959–2020) OR 4 (1970–1993) SC 4 (1992–2008) MN 4 (1967–1988) AR 3 (1990–1996) NE 3 (1991–1998) WI 3 (1973–1999) IA 2 (1970–2015) TN 2 (1981–2023) OH 2 (2014–2015) MT 2 (1978–1981) UT 2 (1980–1991) NJ 2 (1990–2003) WA 2 (2001–2016) KS 2 (2005–2006)

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.

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