Gibbs v. Gen. Motors Corp., 450 S.W.2d 827 (Tex. 1970). · Go Syfert
Gibbs v. Gen. Motors Corp., 450 S.W.2d 827 (Tex. 1970). Cases Citing This Book View Copy Cite
1,670 citation events (260 in the last 25 years) across 4 distinct courts.
Strongest positive: Alex Govan v. LaKeitha Stroud (texapp, 2024-06-20)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Alex Govan v. LaKeitha Stroud
Tex. App. · 2024 · confidence medium
While factual-sufficiency review is not applicable to appellate review of a summary judgment, we will construe his brief liberally as challenging whether Stroud’s summary judgment evidence established “as a matter of law that there is no genuine issue of fact.” Gibbs General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970).
discussed Cited as authority (rule) Netflix, Inc. Netflix Worldwide Entertainment, LLC Kyoko Miyake Sarit G. Work Samantha Knowles Kate Gill Jigsaw Productions, LLC Muddy Waters Productions LLC Alex Gibney Philip Ross Jo Ann Rivera Laura A. Martinez Brittany A. Martinez Michelle C. Martinez And Jose H. Martinez v. Tonya Barina
Tex. App. · 2022 · confidence medium
Inst. 1977)). 7 See, e.g., Finley v. Hettig & Co., No. 05-93-00958-CV, 1994 WL 110732 , at *1 (Tex. App.—Dallas Mar. 30, 1994, writ denied) (quoting Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970)). -5- 04-21-00327-CV C.
discussed Cited as authority (rule) Visa Inc. v. Sally Beauty Holdings, Inc.
Tex. App. · 2021 · confidence medium
Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997) 59 A copy of the AOC was attached to Visa’s counterpetition. 50 (“[S]ummary judgment for a defendant is proper only when the defendant negates at least one element of each of the plaintiff’s theories of recovery, Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970), or pleads and conclusively establishes each element of an affirmative defense.” (emphasis added)).
cited Cited as authority (rule) Maxie D. Green, D/B/A a to Z Bail Bonds v. the State of Texas
Tex. App. · 2021 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Tracey E. Jones and Lee W. Griffin v. Scott & White Hospital - Llano, D/B/A Baylor Scott & White Medical Center - Llano
Tex. App. · 2020 · confidence medium
P. 166a(c); Gibbs v. General Motors Corp. 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Dale Roush, Individually and as Trustee of the Dale Roush Assets Trust v. Metropolitan Life Insurance Company and Joel Hart
Tex. Crim. App. · 2018 · confidence medium
Gibbs v. General Motors Corp., agreement; 450 S.W.2d 827, 828 (Tex. 1970).
discussed Cited as authority (rule) Violanda Soledad v. Texas Farm Bureau Mutual Insurance Company
Tex. App. · 2016 · confidence medium
First he points out that the summary judgment proof must establish as a matter of law that there is no genuine issue of fact as to any of the essential elements of Plaintiff's cause of action, Gibbs v. General Motors Corporation, 450 S.W.2d 827, 828 (Tex.1970); and that summary judgment is only proper if the pleadings, depositions, and admissions on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
discussed Cited as authority (rule) Sharleen Wilson Allen v. Bryon Wilson (2×)
Tex. Crim. App. · 2015 · confidence medium
San Antonio 1958, no writ).............................................................................................................10 Creswell Ranch & Cattle Co. v. Scoggins, 39 S.W. 612 (Tex.Civ.App.1897, no writ). .........................................................................................................................................12 Delgado v. Burns, 656 S.W.2d 428 (Tex. 1983)....................................................................7, 8, 10 Franzetti v. Franzetti, 120 S.W.2d 123 (Tex.Civ.App.1938, no writ) ...........................................13 Gibbs …
discussed Cited as authority (rule) Shan Kovaly v. Tulsidas Kurvanka, M.D. and Ikedinobi U. Eni, M.D. (2×)
Tex. App. · 2015 · confidence medium
Pre-Notice Was Not Given to Any Party In This Case ………13 CONCLUSION AND PRAYER …………………………………………………15 CERTIFICATE OF SERVICE …………………………………………………..17 v CERTIFICATE OF COMPLIANCE ……………………………….……………18 APPENDIX ………………………………………………………………………19 vi INDEX OF AUTHORITIES CASES Bocken v. Entergy Gulf States, Inc., 197 S.W.3d 429 (Tex. App. – Beaumont 2006). ………..………………….9 Carreras v. Marroquin, 339 S.W.3d 68, 74 (Tex.…
discussed Cited as authority (rule) Jamar Osborne v. Warren Kenneth Paxton
Tex. App. · 2015 · confidence medium
Opal Dent Gibbs et al. v. General Motors Corporation Tex., 450 S.W.2d 827, 828 (Tex. 1970). 7 of 17 No-evidence summary judgments may only be granted where there is: 1. a complete absence of evidence of a vital fact; 2. the court is barred by the rules of law or evidence from giving weight to the only evidence offered to prove a vital fact; the evidence offered to prove a vital fact is no more than a mere scintilla; or 4. the evidence establishes conclusively the opposite of the vital fact.
cited Cited as authority (rule) Persimmon Ridge Partners EO, L.P., Russ Vandenburg, and Martha Vandenburg v. Fannie Mae
Tex. · 2015 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970) (emphasis added).
cited Cited as authority (rule) East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors
Tex. App. · 2015 · confidence medium
Gibbs v. Two incidents of sexual harassment took place away General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970). from work.
discussed Cited as authority (rule) Michael J. DeLitta v. Nancy Schaefer
Tex. App. · 2015 · confidence medium
See Nixon v. Mr. Property Management Co., 690 S.W.2d 546 , 548–49 (Tex.1985); Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Johnston v. American Cometra, Inc., 837 S.W.2d 711, 714 (Tex.App.—Austin 1992, writ denied).
discussed Cited as authority (rule) Jamie Genender v. Larry Kirkwood and USA Store Fixtures, LLC (2×)
Tex. App. · 2015 · confidence medium
Mills Restaurants, Inc. v. Texas Wings, Inc., 12 S.W.3d 827 (Tex. App. — Dallas 2000, no pet.)………………………………………………………….....45 Gentry v. Credit Plan Corp. of Houston, 528 S.W.2d 571 (Tex.1975)…………32 Getty Oil v. Insurance Co. of N. America, 845 S.W.2d 794 (Tex.1992)……….30 Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970)…………10, 11 Great Am.
discussed Cited as authority (rule) Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard (2×)
Tex. App. · 2015 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970)................................9 Horton v. City of Smithville, 117 Fed.
discussed Cited as authority (rule) Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, a Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company
Tex. App. · 2015 · confidence medium
See e.g., Park Place Hospital v. Estate of Milo, 909 S.W.2d 508, 511 (Tex. 1995) (holding summary judgment was proper where defendant used the testimony of plaintiff’s own expert to disprove causation as a matter of law); Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471-72 (Tex. 1991) (causation disproved as a matter of law). “[T]he question on appeal, as well as in the trial court, is not whether the summary judgment proof raises fact issues with reference to the essential elements of a plaintiff’s claim or cause of action, but is whether the summary judgment proof establishes as a matt…
cited Cited as authority (rule) Marisela G. Salas, Individually and as Representative of the Estate of Martin Suarez and as Next Friend of Keyla Marizel Salas Suares, Minor v. Allen Keller Co. I, L.L.C. D/B/A Allen Keller Co.
Tex. App. · 2014 · confidence medium
Gibbs v. General Motors, 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Robbie Dean Anderson, Sr. v. Texas Farm Bureau Mutual Insurance Company
Tex. App. · 2014 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Wallace Debes v. General Star Indemnity Company
Tex. App. · 2014 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970) (emphasis omitted); see also Gonzalez v. Mission Am.
cited Cited as authority (rule) texapp 2013
Tex. App. · 2013 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970). 16 E.
discussed Cited as authority (rule) Alfredo Z. Delgado v. Susan Combs, Comptroller of Public Accounts of the State of Texas
Tex. App. · 2012 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 3 1970). ―[T]he judgment sought should be granted, and if granted should be affirmed, only if the summary judgment record establishes a right thereto as a matter of law.‖ Id. (emphasis in original).
discussed Cited as authority (rule) Alfredo Z. Delgado v. Susan Combs, Comptroller of Public Accounts of the State of Texas
Tex. App. · 2012 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970). "[T]he judgment sought should be granted, and if granted should be affirmed, only if the summary judgment record establishes a right thereto as a matter of law." Id. (emphasis in original).
cited Cited as authority (rule) Texas Appleseed v. Spring Branch Independent School District
Tex. App. · 2012 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) Amy FIELDS, Appellant v. KLATT HARDWARE & LUMBER, INC., Appellee
Tex. App. · 2012 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) APM Enterprises, LLC, Avtar Grewal and Grewal Hotels, Inc. v. National Loan Acquisitions Company
Tex. App. · 2012 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
discussed Cited as authority (rule) Poinette R. Godfrey and Jordan A. Godfrey-Stovall v. Security Service Federal Credit Union
Tex. App. · 2011 · confidence medium
The question is not whether the summary judgment proof raises fact issues as to required elements of the mov-ant’s cause or claim, but whether the summary judgment proof establishes, as a matter of law, that there is no genuine issue of material fact as to one or more of elements of the movant’s cause or claim. *725 Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) State v. Ninety Thousand Two Hundred Thirty-Five Dollars & No Cents in United States Currency ($90,235.00) & 2000 Black Lincoln Navigator VIN: 5LMPU28A7YLJ10865
Tex. App. · 2011 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Wyatt, 33 S.W.3d at 31 .
cited Cited as authority (rule) texapp 2011
Tex. App. · 2011 · confidence medium
Gibbs v. General Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970); Wyatt , 33 S.W.3d at 31 .
cited Cited as authority (rule) texapp 2011
Tex. App. · 2011 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970); Wyatt, 33 S.W.3d at 31 .
cited Cited as authority (rule) Prize Energy Resources, L.P. v. Cliff Hoskins, Inc.
Tex. App. · 2011 · confidence medium
Motors Corp., 450 S.W.2d 827, 829 (Tex.1970).
cited Cited as authority (rule) texapp 2011
Tex. App. · 2011 · confidence medium
Motors Corp., 450 S.W.2d 827, 829 (Tex. 1970).
discussed Cited as authority (rule) Lilia v. Mendoza v. Victor M. Ramirez, Santiago Ramirez, Jr., Oswaldo H. Ramirez, Jr., Xavier Ramirez, Ramirez Mineral Trust, and Villarreal/Zapata (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Gibbs v. General Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970); Wyatt , 33 S.W.3d at 31 .
discussed Cited as authority (rule) Mendoza v. Ramirez (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Wyatt, 33 S.W.3d at 31 .
discussed Cited as authority (rule) Lilia v. Mendoza v. Victor M. Ramirez, Santiago Ramirez, Jr., Oswaldo H. Ramirez, Jr., Xavier Ramirez, Ramirez Mineral Trust, and Villarreal/Zapata (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970); Wyatt, 33 S.W.3d at 31 .
cited Cited as authority (rule) Ed-Sal Investments, Ltd. v. Needmore Ranch II, Ltd.
Tex. App. · 2010 · confidence medium
Motors Corp., 450 S.W.2d 827, 829 (Tex. 1970).
cited Cited as authority (rule) Young v. Gumfory
Tex. App. · 2010 · confidence medium
Co., 690 S.W.2d 546, 548-49 (Tex.1985); Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) In Re Staley
Tex. App. · 2010 · confidence medium
Motors Corp., 450 S.W.2d 827, 828 (Tex.1970)).
discussed Cited as authority (rule) Algerian D. Harris v. State (2×)
Tex. App. · 2009 · confidence medium
Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Si Kyu Kim v. Harstan, Ltd.
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) texapp 2009
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) texapp 2009
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp ., 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) texapp 2009
Tex. App. · 2009 · confidence medium
Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) All Metals Fabricating, Inc. v. Ramer Concrete, Inc.
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) All Metals Fabricating, Inc. v. Ramer Concrete, Inc.
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970).
cited Cited as authority (rule) All Metals Fabricating, Inc. v. Ramer Concrete, Inc.
Tex. App. · 2009 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Paul A. Butler and Afton J. Butler v. Hudson & Keyse, L.L.C
Tex. App. · 2009 · confidence medium
Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970).
cited Cited as authority (rule) Fraga v. Drake
Tex. App. · 2008 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Duran, 921 S.W.2d at 784 .
cited Cited as authority (rule) Thomas J. Fraga v. Carmen Drake and James Drake and PI Crowley, Independent Co-Executors of the Estate of Joyce Dobkins
Tex. App. · 2008 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex. 1970); Duran, 921 S.W.2d at 784 .
cited Cited as authority (rule) Thomas J. Fraga v. Carmen Drake and James Drake and PI Crowley, Independent Co-Executors of the Estate of Joyce Dobkins
Tex. App. · 2008 · confidence medium
Gibbs v. General Motors Corp. , 450 S.W.2d 827, 828 (Tex. 1970); Duran , 921 S.W.2d at 784 .
cited Cited as authority (rule) New Wave Technologies, Inc. v. Legacy Bank of Texas
Tex. App. · 2008 · confidence medium
Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Wyatt, 33 S.W.3d at 31 .
Opal Dent GIBBS Et Al., Petitioner,
v.
GENERAL MOTORS CORPORATION, Respondent
B-1801.
Texas Supreme Court.
Feb 11, 1970.
450 S.W.2d 827
Mullinax, Wells, Mauzy & Collins, John E. Collins, Fanning & Harper, Peter S. Chamberlin, Dallas, for petitioner., Strasburger, Price, Kelton, Martin & Unis, Royal H. Brin, Jr., Dallas, for respondent.
Calvert, Walker.
Cited by 1,504 opinions  |  Published
CALVERT, Chief Justice.

This suit was by John W. Alexander against Opal Dent Gibbs and husband, James E. Gibbs, and General Motors Corporation for damages for personal inju-[*828] ríes sustained in a collision between an automobile driven by Alexander and a pickup truck, manufactured by General Motors and driven by Mrs. Gibbs. The Gibbs filed a third party action against General Motors. The trial court severed the claims against General Motors, granted General Motors’ motion for summary judgment and, as to it, rendered judgment that Alexander and the Gibbs take nothing. The court of civil appeals affirmed. 445 S.W.2d 589. Only the Gibbs filed an application for writ of error. As to them, we reverse the judgments of both courts and remand the cause to the trial court.

The effort to impose liability on General Motors was based on the theory of strict liability in tort. It was alleged that the left front ball-joint unit on the pickup was defective, and that it had disintegrated or come apart, causing the left front wheel to collapse and the pickup to swerve into the Alexander automobile.

The court of civil appeals put the question before it in this language (445 S.W.2d at 590):

“Appellants correctly assert that the primary and controlling issue involved in this case is whether the summary judgment proof raises a fact issue [1] concerning defectiveness of the upper left ball-joint unit on the Gibbs pickup at the time of the accident and at the time the truck left the General Motors factory.”

Pointing out that an essential element of appellants’ case was proof that “the ball-joint unit in question was defective at the time it left appellee’s factory,” the court of civil appeals concluded (445 S.W.2d at 593):

“The record considered in its most favorable light to appellant does not raise a fact issue which would support a finding in their favor on this essential element of their case.”

The two quotations illustrate a basic fallacy frequently found in the approach of some of our courts to the matter of rendering or affirming a summary judgment in favor of a defendant. In such cases, the question on appeal, as well as in the trial court, is not whether the summary judgment proof raises fact issues with reference to the essential elements of a plaintiff’s claim or cause of action, but is whether the summary judgment proof establishes as a matter of law that there is no genuine issue of fact as to one or more of the essential elements of the plaintiff’s cause of action. The last sentence of paragraph (c) of Rule 166-A, Texas Rules of Civil Procedure, governs. It provides:

“The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

The provisions of Rule 166-A are applicable alike to defendants and plaintiffs who move for summary judgment; the judgment sought should be granted, and if granted should be affirmed, only if the summary judgment record establishes a right thereto as a matter of law.

Affirmance of the trial court’s summary judgment in this case was rested primarily by the court of civil appeals upon an affidavit of Marvin Miller, an investigator who qualified as an expert on automobile failures and who examined the ball-joint unit of the pickup after the accident. In his affidavit Miller gave it as his opinion “that the wheel had actually come loose before the accident occurred and that this was the result of a ball joint failure,” and stated: “The upper ball joint came apart, threw the entire weight on the lower ball joint and steering arm and[*829] when the parts broke, the wheel came off the vehicle throwing it out of control.” The remainder of Miller’s affidavit testimony is summarized by the court of civil appeals as follows (445 S.W.2d at 591):

“He stated that he did not observe any defects in the motor vehicle or in its ball-joint unit attributable to the manufacturer; that the design of the system was common throughout the automotive industry and that there were no misaligned or faulty parts; that the failure of the unit was a result of general wear and improper lubrication, and not the result of a defect in manufacture.”

Having thus summarized the remainder of Miller’s affidavit, the court concluded:

“This evidence was proof that plaintiffs had no cause of action under the theory of strict liability for tort because it shows that the defect complained of did not exist at the time the pickup left the factory. Appellants then had the burden of going forward with evidence of like quality to show an issue of fact on the question.”

We disagree with the quoted conclusion. Miller’s statement that the failure of the ball-joint unit “was a result of general wear and improper lubrication, and not the result of a defect in manufacture,” is nothing more than expert opinion testimony; and, as we pointed out in Broussard v. Moon, 431 S.W.2d 534, 537 (Tex.1968), opinion testimony of this character, adduced in support of a motion for summary judgment, does not establish the fact as a matter of law in cases of this type. As to the probative force of opinion testimony, see also Luttes v. State, 159 Tex. 500, 324 S.W.2d 167, 189 (1958); Board of Firemen’s Relief & Retirement Fund Trustees of Houston v. Marks, 150 Tex. 433, 242 S.W.2d 181, 185 (1951); Hood v. Texas Indemnity Ins. Co., 146 Tex. 522, 209 S.W.2d 345 (1948). Inasmuch as the affidavit testimony of Miller did not establish as a matter of law that a defect in the ball-joint did not exist when the pickup left the factory, the plaintiffs did not have the burden, to avoid summary judgment, of going forward with evidence of like quality. See Tigner v. First Nat. Bank of Angleton, 153 Tex. 69, 264 S.W.2d 85 (1954). Having so held, we do not concern ourselves with the probative force of the summary judgment evidence tendered by the plaintiffs.

General Motors cites Markwell v. General Tire & Rubber Company, 367 F.2d 748 (7th Cir. 1966), in support of its contention that expert opinion evidence will support a summary judgment unless the opposing party adduces evidence showing that there is a genuine issue for trial. The holding in Markwell was based upon a provision of the Federal summary judgment rule not to be found in our Rule 166-A, and the decision is not, therefore, persuasive.

The judgment of the court of civil appeals affirming the trial court’s judgment that Alexander take nothing from General Motors is left undisturbed. The judgments of the court of civil appeals and the trial court that the Gibbs take nothing is reversed and the cause is remanded to the trial court.

WALKER, J., not sitting.
1

. Emphasis ours throughout unless otherwise indicated.