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13 Texas opinions name it 2 courts 1987–2021 1 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 |
|---|---|---|
Duncan v. Cessna Aircraft Co.red2 sentences2021A tortfeasor can claim the protection of a release only if the release refers to him by name or with such descriptive particularity that his identity or his connection with the tortious event is not in doubt.” Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 , 419–20 (Tex. 1984). 10 Cases that are not designated for publication are merely persuasive and not precedential. 2015“A tortfeasor can claim the protection of a release only if the release refers to him by name or with such descriptive particularity that his identity or his connection with the tortious event is not in doubt.” Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 420 (Tex.1984). | 7 | 11 |
Crown Life Insurance Company v. Casteelgreen1 sentence2018See id. at 390 n.8. | 1 | 1 |
Missouri, Kansas & Texas Railway Co. v. W. T. Carter & Brothergreen1 sentence2018Co. of Tex. v. Carter, 68 S.W. 159, 164 (Tex. 1902) (contract waiving responsibility for fires caused by railroad engines). –5– A tortfeasor can claim the protection of a release only if the release refers to him by name or with such descriptive particularity that his identity or his connection with the tortious event is not in doubt. | 1 | 1 |
Winkler v. Kirkwood Atrium Office Parkgreen2 sentences2015“A tortfeasor can claim the protection of a release if he is referred to with such descriptive particularity that his connection with the tortious event is not in doubt.” Winkler v. Kirkwood Atrium Office Park, 816 S.W.2d 111, 113-14 (Tex. App.—Houston [14th Dist.] 1991, writ denied). 2015Further, the court recognized that “a tortfeasor can claim the protection of a release as long as he is referred to “with such descriptive particularity that his identity or his connection with the tortious event is not in doubt,” and therefore, that “a defendant may still avail himself of the protection of a release even though he has not been specifically identified as a party to the release.” Dyrcz, 2006 WL 3289046 , at *1, citing Winkler, 816 S.W.2d at 111 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
cluster 770499
green
2 sentences2015“Mentioning does not require particularized enumeration or detailed description, only that the claim being released come within the express contemplation of the release provision when viewed in context of the contract in which the release provision is contained.” Stinnett v. Colo. Interstate Gas Co., 227 F.3d 247 , 254 (5th Cir.2000); Mem'l Med. 2015Further, the court recognized that “a tortfeasor can claim the protection of a release as long as he is referred to “with such descriptive particularity that his identity or his connection with the tortious event is not in doubt,” and therefore, that “a defendant may still avail himself of the protection of a release even though he has not been specifically identified as a party to the release.” Id., citing Winkler, 816 S.W.2d at 111 . 41. | 1 | 2015–2015 |
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.