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16 Texas opinions name it 2 courts 1976–2024 4 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 |
|---|---|---|
Torrington Co. v. Stutzmangreen2 sentences2015Id. at 837 ; see purported to support a negligence cause of action. 2014See Torrington, 46 S.W.3d at 837 . | 2 | 3 |
Kroger Co. v. Elwoodgreen2 sentences2024See Kroger Co. v. Elwood, 197 S.W.3d 793, 794 (Tex. 2006) (per curiam) (“To establish negligence, a party must establish a duty, a breach of that duty, and damages proximately caused by the breach.”); Ward v. ACS State & Loc. 2024See Kroger Co. v. Elwood, 197 S.W.3d 793, 794 (Tex. 2006) (per curiam) (“To establish negligence, a party must establish a duty, a breach of that duty, and damages proximately caused by the breach.”); Ward v. ACS State & Loc. | 2 | 2 |
American Airlines, Inc. v. Wolensgreen2 sentences2007See Wolens, 513 U.S. at 232-33 , 115 S.Ct. at 826 ; Kiefer, 920 S.W.2d at 282 . 2007See Wolens, 513 U.S. at 232-33 , 115 S.Ct. at 826 ; Kiefer, 920 S.W.2d at 282 . | 2 | 2 |
Boerjan v. Rodriguezgreen1 sentence2024Boerjan v. Rodriguez, 436 S.W.3d 307, 311 (Tex. 2014) (per curiam). | 1 | 1 |
Elam v. Kansas City Southern Railway Co.green2 sentences2021Railroad Grade Separation Program (RGS),” available at http://onlinemanuals.txdot.gov/txdotmanuals. 6 See, e.g., Elam, 635 F.3d at 813 (“A typical negligence claim seeking damages for a typical crossing accident (such as the Elams’ simple negligence claim) does not directly attempt to manage or govern a railroad’s decisions in the economic realm.” (citing Franks, 593 F.3d at 414 )). 2021See Elam, 635 F.3d at 805 ; Franks, 593 F.3d at 413 . | 1 | 1 |
Burton Construction & Shipbuilding Co. v. Broussardgreen1 sentence2014See id. 3 By its plain language, this duty does not support a simple negligence claim. | 1 | 1 |
Entergy Gulf States, Inc. v. Akrotex, Inc.green1 sentence2013Id. at 837; see Entergy Gulf States, Inc. v. Akrotex, Inc., 40 S.W.3d 201, 206 (Tex.App.-Beaumont 2001, no pet.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dow Chemical Co. v. Bright
green
2 sentences2009In support of its characterization of Moss’s claims and its holding that “the trial court did not err in concluding that a right to control is an element of the simple negligence claim asserted against Waste Management,” the majority relies on Dow Chemical Co. v. Bright, 89 S.W.3d 602 (Tex.2002). 2009In support of its characterization of Moss's claims and its holding that "the trial court did not err in concluding that a right to control is an element of the simple negligence claim asserted against Waste Management," the majority relies on Dow Chemical Co. v. Bright, 89 S.W.3d 602 (Tex.2002). | 2 | 2009–2009 |
Continental Airlines, Inc. v. Kiefer
green
2 sentences2007See Wolens , 513 U.S. at 232–33, 115 S. Ct. at 826 ; Kiefer , 920 S.W.2d at 282 . 2007See Wolens, 513 U.S. at 232-33 , 115 S.Ct. at 826 ; Kiefer, 920 S.W.2d at 282 . | 2 | 2007–2007 |
Gertz v. Robert Welch, Inc.
green
2 sentences1976The effect of the Court’s holding that states may not impose liability without fault on publishers and broadcasters of defamatory falsehoods is to sanction a simple negligence standard as complying with the minimum requirements of the First and Fourteenth Amendments. 13 As a further limitation upon the right of private individuals to recover in libel actions against publishers or broadcasters of defamatory falsehoods, the Court held in Gertz that a private individual “who establishes liability under a less demanding standard than that stated by New York Times may recover only such damages as a 1976The effect of the Court’s holding that states may not impose liability without fault on publishers and broadcasters of defamatory falsehoods is to sanction a simple negligence standard as complying with the minimum requirements of the First and Fourteenth Amendments. 13 As a further limitation upon the right of private individuals to recover in libel actions against publishers or broadcasters of defamatory falsehoods, the Court held in Gertz that a private individual “who establishes liability under a less demanding standard than that stated by New York Times may recover only such damages as a | 2 | 1976–1976 |
Franks Inv. Co. LLC v. Union Pacific R. Co.
green
2 sentences2021Railroad Grade Separation Program (RGS),” available at http://onlinemanuals.txdot.gov/txdotmanuals. 6 See, e.g., Elam, 635 F.3d at 813 (“A typical negligence claim seeking damages for a typical crossing accident (such as the Elams’ simple negligence claim) does not directly attempt to manage or govern a railroad’s decisions in the economic realm.” (citing Franks, 593 F.3d at 414 )). 2021See Elam, 635 F.3d at 805 ; Franks, 593 F.3d at 413 . | 1 | 2021–2021 |
Miller v. Bristol-Myers Co.
green
1 sentence2014Co., 303 N.W.2d 702 , 706 n.4 (Mich. 1981); Miller v. Bristol–Myers Co., 485 N.W.2d 31 , 38 n.7 (Wis. 1992). 13 As with a simple negligence claim, a negligent-undertaking claim requires proof that the defendant owed the plaintiff a legal duty and violated it. | 1 | 2014–2014 |
Smith v. Allendale Mutual Insurance
green
1 sentence2014Co., 303 N.W.2d 702 , 706 n.4 (Mich. 1981); Miller v. Bristol–Myers Co., 485 N.W.2d 31 , 38 n.7 (Wis. 1992). 13 As with a simple negligence claim, a negligent-undertaking claim requires proof that the defendant owed the plaintiff a legal duty and violated it. | 1 | 2014–2014 |
Foster v. Laredo Newspapers, Inc.
green
1 sentence1985Consistent with the Supreme Court’s holding in Gertz , the Texas Supreme Court in Foster v. Laredo Newspapers, Inc., 541 S.W.2d 809 (Tex.1976), adopted the simple negligence standard for determining liability in the case of libel against a private individual. | 1 | 1985–1985 |
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.