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6 Texas opinions name it 2 courts 1955–2015 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.
| Case | Followed | Cited |
|---|---|---|
Gonzales v. Caterpillar Tractor Companygreen2 sentences2015After the Legislature adopted comparative negligence in 1973, this Court “sought to abolish those doctrines directed to the old choice between total victory and total defeat for the injured plaintiff.” French v. Grigsby, 571 S.W.2d 867, 867 (Tex.1978) (abolishing doctrine of last clear chance or discovered peril). 2015After the Legislature adopted comparative negligence in 1973, this Court “sought to abolish those doctrines directed to the old choice between total victory and total defeat for the injured plaintiff.” French v. Grigsby, 571 S.W.2d 867, 867 (Tex. 1978) (abolishing doctrine of last clear chance or discovered peril). | 2 | 4 |
Jackson v. Axelradgreen2 sentences2015More than forty years later, “ ‘we have discarded categories like imminent[-]peril, last-clear-chance, and assumption-of-the-risk in favor of a general submission of comparative negligence.’ ” Del Lago Partners., Inc. v. Smith, 307 S.W.3d 762, 772 (Tex.2010) (quoting Jackson v. Axelrad, 221 S.W.3d 650, 654 (Tex.2007)). 2015More than forty years later, “‘we 12 have discarded categories like imminent[-]peril, last-clear-chance, and assumption-of-the-risk in favor of a general submission of comparative negligence.’” Del Lago Partners., Inc. v. Smith, 307 S.W.3d 762, 772 (Tex. 2010) (quoting Jackson v. Axelrad, 221 S.W.3d 650, 654 (Tex. 2007)). | 2 | 2 |
Del Lago Partners, Inc. v. Smithgreen2 sentences2015More than forty years later, “ ‘we have discarded categories like imminent[-]peril, last-clear-chance, and assumption-of-the-risk in favor of a general submission of comparative negligence.’ ” Del Lago Partners., Inc. v. Smith, 307 S.W.3d 762, 772 (Tex.2010) (quoting Jackson v. Axelrad, 221 S.W.3d 650, 654 (Tex.2007)). 2015More than forty years later, “‘we 12 have discarded categories like imminent[-]peril, last-clear-chance, and assumption-of-the-risk in favor of a general submission of comparative negligence.’” Del Lago Partners., Inc. v. Smith, 307 S.W.3d 762, 772 (Tex. 2010) (quoting Jackson v. Axelrad, 221 S.W.3d 650, 654 (Tex. 2007)). | 2 | 2 |
General Motors Corp. v. Hopkinsgreen1 sentence1979With like reasoning, the supreme court, in General Motors Corp. v. Hopkins, 548 S.W.2d 344, 352 (Tex.Sup.1977), held that the defense of misuse in a strict liability products case was no longer a complete bar to plaintiff’s recovery. | 1 | 1 |
Abalos v. Oil Development Co. of Texasgreen1 sentence1979See also, concurring opinion by Justice Pope in Abalos v. Oil Development Company of Texas, 544 S.W.2d 627 (Tex.Sup.1976) (advocated abolition of doctrine of last clear chance or discovered peril); de Anda v. Blake, 562 S.W.2d 497, 500 (Tex.Civ.App.-San Antonio 1978, no writ history) (adhered to Justice Pope’s concurring opinion in Abalos and disallowed doctrine of discovered peril). | 1 | 1 |
De Anda v. Blakegreen1 sentence1979See also, concurring opinion by Justice Pope in Abalos v. Oil Development Company of Texas, 544 S.W.2d 627 (Tex.Sup.1976) (advocated abolition of doctrine of last clear chance or discovered peril); de Anda v. Blake, 562 S.W.2d 497, 500 (Tex.Civ.App.-San Antonio 1978, no writ history) (adhered to Justice Pope’s concurring opinion in Abalos and disallowed doctrine of discovered peril). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Texas Pacific Coal & Oil Co. v. Wells
green
1 sentence1955As stated by Justice Hale of our Waco Court of Civil Appeals in Texas Pacific Coal & Oil Co. v. Wells, 151 S.W.2d. 927 , at page 932 [12,13]: “We do not think the doctrine of discovered peril has any proper application to the, facts in this case. | 1 | 1955–1955 |
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.