res doctrine (Texas) · Go Syfert
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res doctrine in Texas

6 Texas opinions name it 2 courts 1952–2021 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.

Followed or applied (4)

CaseFollowedCited
Sanders v. Naes Central, Inc.green
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Sanders , 498 S.W.3d at 259 ("The doctrine of res ipsa loquitur is not available to fix responsibility when any one of multiple defendants, wholly independent of each other, might have been responsible for the injury."); Trejo , 185 S.W.3d at 48 ("The doctrine of res [ ispa ] loquitur applies only where the instrumentalities causing the injury are shown to have been wholly in the care of the defendant and not to have been meddled with by the person injured or third parties."); Lucas v. Titus County Hosp.

11
Trejo v. Laredo National Bankgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Sanders , 498 S.W.3d at 259 ("The doctrine of res ipsa loquitur is not available to fix responsibility when any one of multiple defendants, wholly independent of each other, might have been responsible for the injury."); Trejo , 185 S.W.3d at 48 ("The doctrine of res [ ispa ] loquitur applies only where the instrumentalities causing the injury are shown to have been wholly in the care of the defendant and not to have been meddled with by the person injured or third parties."); Lucas v. Titus County Hosp.

11
Matthews Const. Co., Inc. v. Rosengreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Matthews Const, Co., Inc. v. Rosen, 796 S.W.2d 692 , 694 n. 2 (Tex.1990); Sommers v. Concepcion, 20 S. W-3d- 27, 37 (Tex. App.-Houston [14th Dist.] 2000, pet. denied).

11
Weiman v. Addicks-Fairbanks Road Sand Co.green
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Weiman v. Addicks-Fairbanks Road Sand Co., 846 S.W.2d 414, 418 (Tex.App.-Houston [14th Dist.] 1992, writ denied).

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 (6)

CaseCitedYears
City of Westworth Village, Texas v. City of White Settlement, Texas green
texapp · 2018
1 sentence

2021And because A.K.’s pleadings affirmatively demonstrate incurable defects in jurisdiction that cannot be fixed by repleading, see City of Westworth Vill., 558 S.W.3d at 239–40, we render judgment dismissing her § 1983 claim. /s/ Bonnie Sudderth Bonnie Sudderth Chief Justice Delivered: April 22, 2021 18

12021–2021
Graham v. Fed-X, Inc. green
texapp · 1964
1 sentence

2018Dist./Titus Mem'l Hosp. , 964 S.W.2d 144 , 156 (Tex. App.-Texarkana 1998, no pet.) (rejecting the application of the res ipsa doctrine "because the chair was in a public waiting area, [and] it [was] possible that someone other than the Hospital broke the recliner before [the plaintiff was injured]"); Graham v. Fed-X, Inc. , 384 S.W.2d 785 , 787 (Tex. Civ.

12018–2018
Lucas v. Titus County Hospital District green
texapp · 1998
1 sentence

2018Dist./Titus Mem'l Hosp. , 964 S.W.2d 144 , 156 (Tex. App.-Texarkana 1998, no pet.) (rejecting the application of the res ipsa doctrine "because the chair was in a public waiting area, [and] it [was] possible that someone other than the Hospital broke the recliner before [the plaintiff was injured]"); Graham v. Fed-X, Inc. , 384 S.W.2d 785 , 787 (Tex. Civ.

12018–2018
Texas Department of Insurance v. State Farm Lloyds green
texapp · 2008
1 sentence

2015No claim to original U.S. Government Works. 9 Texas Dept. of Ins. v. State Farm Lloyds, 260 S.W.3d 233 (2008) supervision on this ground and, because the department did Here, as in his 2004 rate supervision order, the commissioner not appeal the judgment, the department is bound by it. concluded that “[f]rom January 13, 2003 to the present State Farm Lloyds has charged rates that were determined by the [14] [15] [16] [17] [18] The general doctrine of res Commissioner to be excessive and in violation of Texas judicata encompasses two distinct categories: (1) res judicata, law, and which should

12015–2015
Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal Savings green
tex · 1992
1 sentence

2015Barr v. Resolution Trust Corp., 837 S.W.2d 627 , conclude that the commissioner's 2006 supervision order 628 (Tex.1992).

12015–2015
Honea, by Next Friend v. Coca Cola Bot. Co. green
tex · 1944
2 sentences

1952Honea v. Coca Cola Bottling Co., 143 Texas 272 , 183 S.W. 2d 968 , 160 A.L.R. 1445 , an “exploding bottle” case, clearly sets out the rule that the doctrine of res• ipsa loquitur may be extended beyond the time when the agency causing the injury was in the exclusive control of the defendant.

1952Honea v. Coca Cola Bottling Co., 143 Texas 272 , 183 S.W. 2d 968 , 160 A.L.R. 1445 , an “exploding bottle” case, clearly sets out the rule that the doctrine of res• ipsa loquitur may be extended beyond the time when the agency causing the injury was in the exclusive control of the defendant.

11952–1952

Where else courts name it

OH 11 (1957–2026) CA 8 (1930–2025) TX 6 (1952–2021) IL 5 (1927–2016) FL 5 (1962–2008) MO 4 (1995–2017) IN 4 (2017–2023) KY 3 (1956–2017) MI 2 (1994–2016) AL 2 (1921–1939) NC 2 (2002–2004) AZ 2 (1968–1972) PA 2 (1958–1984) GA 2 (1941–2004)

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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