res ipsa loquitur is applicable doctrine (Texas) · Go Syfert
← Texas issues

res ipsa loquitur is applicable doctrine in Texas

9 Texas opinions name it 2 courts 1938–2019 0 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 (3)

CaseFollowedCited
Gaulding v. Celotex Corp.green
tex · 1989 · cited in 2 Texas opinions naming this issue, 1992–2005
2 sentences

2005Haddock, 793 S.W.2d at 950 ; Gaulding v. Celotex Corp., 772 S.W.2d 66, 68 (Tex.1989); Mobil Chem., 517 S.W.2d at 251 .

1992Gaulding v. Celotex Corp., 772 S.W.2d 66, 68 (Tex.1989); Porterfield v. Brinegar, 719 S.W.2d 558, 559 (Tex.1986); Mobil Chem.

22
Mobil Chemical Company v. Bellgreen
tex · 1974 · cited in 3 Texas opinions naming this issue, 1977–2005
2 sentences

2005Haddock, 793 S.W.2d at 950 ; Gaulding v. Celotex Corp., 772 S.W.2d 66, 68 (Tex.1989); Mobil Chem., 517 S.W.2d at 251 .

1992Mobil Chemical v. Bell, 517 S.W.2d 245, 251 (Tex.1974).

13
Porterfield v. Brinegargreen
tex · 1986 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992Gaulding v. Celotex Corp., 772 S.W.2d 66, 68 (Tex.1989); Porterfield v. Brinegar, 719 S.W.2d 558, 559 (Tex.1986); Mobil Chem.

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 (8)

CaseCitedYears
Marathon Oil Co. v. Sterner green
tex · 1982
2 sentences

2019Sterner, 632 S.W.2d at 573 ; Cabanas, 553 S.W.3d at 570 .

1982Marathon Oil Co. v. Sterner, 632 S.W.2d 571 (Tex.1982).

21982–2019
Disc. Tire Co. of Tex., Inc. v. Cabanas green
texapp · 2018
1 sentence

2019Sterner, 632 S.W.2d at 573 ; Cabanas, 553 S.W.3d at 570 .

12019–2019
Haddock v. Arnspiger green
tex · 1990
1 sentence

2005Haddock, 793 S.W.2d at 950 ; Gaulding v. Celotex Corp., 772 S.W.2d 66, 68 (Tex.1989); Mobil Chem., 517 S.W.2d at 251 .

12005–2005
Louder v. De Leon green
tex · 1988
2 sentences

1992However, the doctrine of res ipsa loquitur is applicable only when: 1) the character of the injury is such that it would not have occurred in the plaintiffs' burden to prove its theory of the case, not the defendant's burden to disprove the plaintiffs' theory. [4] The majority relies on Louder v. De Leon, 754 S.W.2d 148 (Tex.1988) for the proposition that an independent investigating officer may testify as to causation.

1992In fact, Louder holds that expert testimony on proximate cause, as an ultimate fact to be decided by the trier of fact, is admissible "as long as it is based on proper legal concepts." Id. at 149 .

11992–1992
Wichita Falls Traction Co. v. Elliott green
tex · 1935
2 sentences

1957The opinion by the Commission of Appeals in Wichita Falls Traction Co. v. Elliott, 125 Tex. 248 , 81 S.W.2d 659, 665 , and authorities there cited, has considerably moulded our opinion that appellant’s first five points are without merit in the circumstances.

1957The opinion by the Commission of Appeals in Wichita Falls Traction Co. v. Elliott, 125 Tex. 248 , 81 S.W.2d 659, 665 , and authorities there cited, has considerably moulded our opinion that appellant’s first five points are without merit in the circumstances.

11957–1957
Henderson v. City of Cross Plains green
texapp · 1951
1 sentence

1952Henderson v. City of Cross Plains, Tex.Civ.App., 235 S.W.2d 936 (er. ref.).

11952–1952
Southland Greyhound Lines, Inc. v. Frausto neutral
texapp · 1934
1 sentence

1938But appellant contends that the doctrine of res ipsa loquitur is applicable under the the rule stated in Southland Greyhound Lines v. Frausto, Tex.Civ.App., 69 S.W.2d 497 , as follows (page 499): “ ‘Where the thing which caused the injury complained of is shown to be under the management of defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in the absence of explana *612 tion by defendant, that the accident arose from want of care.’ McCray v. Galvest

11938–1938
McCray v. Galveston, Harrisburg & San Antonio Railway Co. green
tex · 1896
2 sentences

1938Co., 89 Tex. 168 , 34 S.W. 95 .” If it be assumed that this rule of res ipsa loquitur is applicable to the facts of the instant case, then appellee fully met the burden cast upon him by the rule.

1938Co., 89 Tex. 168 , 34 S.W. 95 .” If it be assumed that this rule of res ipsa loquitur is applicable to the facts of the instant case, then appellee fully met the burden cast upon him by the rule.

11938–1938

Where else courts name it

LA 41 (1932–2008) CA 39 (1914–2025) NY 15 (1912–2020) IL 9 (1944–1987) MI 9 (2018–2025) KS 9 (1926–2011) TX 9 (1938–2019) FL 8 (1940–2024) OH 7 (1956–2016) NC 7 (1972–2014) TN 7 (1932–2004) WV 7 (1967–1997) CO 7 (1911–1995) CT 6 (1936–2019) WA 6 (1955–2003) ID 5 (1965–2021) NJ 5 (1953–1998) MS 5 (1968–2003) AL 5 (1985–2009) MO 5 (1907–1974) GA 4 (1924–1973) KY 4 (1937–1977) IN 3 (1971–1997) IA 3 (1953–1977) PA 3 (1988–2017) DC 3 (1950–1975) NE 3 (1924–1987) AZ 3 (1945–1972) ME 2 (1981–1991) MA 2 (1955–1998) OK 2 (1967–1983) MT 2 (1932–1952) AR 2 (1969–2007) HI 2 (1994–2023)

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.

← Caselaw search · G Cite Topics · Brief Check