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St. Mary's Law Journal

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Articles 61 - 90 of 93

Full-Text Articles in Torts

Negligence Per Se And Excuse For A Statutory Violation In Texas., Frank Bivin Murchison Sep 1973

Negligence Per Se And Excuse For A Statutory Violation In Texas., Frank Bivin Murchison

St. Mary's Law Journal

Abstract Forthcoming.


Constructive Knowledge Of Defective Condition Is Imposed Upon Landowner., A. Chris Heinrichs Sep 1973

Constructive Knowledge Of Defective Condition Is Imposed Upon Landowner., A. Chris Heinrichs

St. Mary's Law Journal

Abstract Forthcoming.


The Right Of Privacy Is Recognized In Texas., Patrick K. Sheehan Jun 1973

The Right Of Privacy Is Recognized In Texas., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.


Product Liability And The Meaning Of Defect., Page Keeton Mar 1973

Product Liability And The Meaning Of Defect., Page Keeton

St. Mary's Law Journal

Abstract Forthcoming.


The Texas Legislature Expressly Waived Sovereign Immunity In Suits Against The State Of Texas Under The Texas Tort Claims Act In Federal As Well As In State Courts., Jeffrey C. Anderson Mar 1973

The Texas Legislature Expressly Waived Sovereign Immunity In Suits Against The State Of Texas Under The Texas Tort Claims Act In Federal As Well As In State Courts., Jeffrey C. Anderson

St. Mary's Law Journal

Abstract Forthcoming.


Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale Mar 1973

Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale

St. Mary's Law Journal

Abstract Forthcoming.


The Texas Politics Of Today's Products Liability., Warren Freedman Mar 1973

The Texas Politics Of Today's Products Liability., Warren Freedman

St. Mary's Law Journal

Abstract Forthcoming.


Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke Dec 1972

Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke

St. Mary's Law Journal

Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …


Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine Dec 1972

Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine

St. Mary's Law Journal

Abstract Forthcoming.


The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell Dec 1972

The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell

St. Mary's Law Journal

Abstract Forthcoming.


Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan Dec 1972

Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan

St. Mary's Law Journal

Abstract Forthcoming.


Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser Dec 1972

Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser

St. Mary's Law Journal

Abstract Forthcoming.


A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez Jun 1972

A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez

St. Mary's Law Journal

Abstract Forthcoming.


A Paying Patient In A County Hospital May Not Maintain A Cause Of Action In Tort In The Event Of Injuries Sustained As The Result Of The Negligence Of Hospital Employees., Larry R. Patton Jun 1972

A Paying Patient In A County Hospital May Not Maintain A Cause Of Action In Tort In The Event Of Injuries Sustained As The Result Of The Negligence Of Hospital Employees., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.


Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden Jun 1972

Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden

St. Mary's Law Journal

Abstract Forthcoming.


Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson Jun 1972

Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson

St. Mary's Law Journal

Abstract Forthcoming.


A Medical Partnership Owes A Duty To The Families Of Its Patients To Exercise Ordinary Care To Prevent A Partner Or Employee, Who Is Acting Outside The Ordinary Course Of Business, From Tortiously Interfering With Family Relations, While The Partner Or Employee Is On The Premises Of The Clinic Or Purportedly Acting As A Representative Of The Partnership Elsewhere., Jan Weaver Busby Dec 1971

A Medical Partnership Owes A Duty To The Families Of Its Patients To Exercise Ordinary Care To Prevent A Partner Or Employee, Who Is Acting Outside The Ordinary Course Of Business, From Tortiously Interfering With Family Relations, While The Partner Or Employee Is On The Premises Of The Clinic Or Purportedly Acting As A Representative Of The Partnership Elsewhere., Jan Weaver Busby

St. Mary's Law Journal

Abstract Forthcoming.


1) A Child Beneath The Age Of Five Charged With Contributory Negligence Cannot Be Negligent As A Matter Of Law; 2) A Defendant Is Entitled To A Definition And Explanatory Charges Of Unavaoidable Accident By Reason Of The Child Plaintiff Being Incapable Of Negligence; 3) Sole Proximate Cause Is Immaterial To The Function Of The Sudden Emergency Doctrine; 4) Unavoidable Accident And Sudden Emergency Are No Longer Subject To Special Issue Submission., Herbert E. Dickey Jr. Dec 1971

1) A Child Beneath The Age Of Five Charged With Contributory Negligence Cannot Be Negligent As A Matter Of Law; 2) A Defendant Is Entitled To A Definition And Explanatory Charges Of Unavaoidable Accident By Reason Of The Child Plaintiff Being Incapable Of Negligence; 3) Sole Proximate Cause Is Immaterial To The Function Of The Sudden Emergency Doctrine; 4) Unavoidable Accident And Sudden Emergency Are No Longer Subject To Special Issue Submission., Herbert E. Dickey Jr.

St. Mary's Law Journal

Abstract Forthcoming.


A Group Of Consumers Who Have Bought Merchandise Under Installment Contracts May Maintain A Class Action Seeking Recission Of The Contracts For Fraudulent Misrepresentations On Behalf Of Themselves And Others Similarly Situated., John E. Murphy Dec 1971

A Group Of Consumers Who Have Bought Merchandise Under Installment Contracts May Maintain A Class Action Seeking Recission Of The Contracts For Fraudulent Misrepresentations On Behalf Of Themselves And Others Similarly Situated., John E. Murphy

St. Mary's Law Journal

Abstract Forthcoming.


An Action Based On Strict Tort Liability Is Maintainable Against The Hospital That Furnished Blood Contaminated With Hepatitis To Patient., Jerry G. Duterroil Mar 1971

An Action Based On Strict Tort Liability Is Maintainable Against The Hospital That Furnished Blood Contaminated With Hepatitis To Patient., Jerry G. Duterroil

St. Mary's Law Journal

Abstract Forthcoming.


The Statute Of Limitations Does Not Begin To Run Against The Right To Recover From A Treating Physician For Malpractice Involving A Misdiagnosis Until The Injured Patient Knows Or Should Have Known Of The Physician's Negligence., Gary B. Weiser Mar 1971

The Statute Of Limitations Does Not Begin To Run Against The Right To Recover From A Treating Physician For Malpractice Involving A Misdiagnosis Until The Injured Patient Knows Or Should Have Known Of The Physician's Negligence., Gary B. Weiser

St. Mary's Law Journal

Abstract Forthcoming.


Intended Use Doctrine: Cautionary Labeling Is Both Permitted And Required By The Statute And Prohibition Of Sales In Toy Stores Or Store Departments Dealing Predominantly In Toys Or Children's Articles Is A Reasonable Method To Assure Against Use By Children Not Likely To Heed Warnings For Safe Use., Robert Morrison Mar 1971

Intended Use Doctrine: Cautionary Labeling Is Both Permitted And Required By The Statute And Prohibition Of Sales In Toy Stores Or Store Departments Dealing Predominantly In Toys Or Children's Articles Is A Reasonable Method To Assure Against Use By Children Not Likely To Heed Warnings For Safe Use., Robert Morrison

St. Mary's Law Journal

Abstract Forthcoming.


Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio Dec 1970

Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio

St. Mary's Law Journal

Abstract Forthcoming.


Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor Dec 1970

Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor

St. Mary's Law Journal

Abstract Forthcoming.


As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos Mar 1970

As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos

St. Mary's Law Journal

Abstract Forthcoming.


The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson Dec 1969

The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson

St. Mary's Law Journal

Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …


Expert Medical Testimony In Texas., Zollie Steakley Dec 1969

Expert Medical Testimony In Texas., Zollie Steakley

St. Mary's Law Journal

An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …


Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine Dec 1969

Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …


Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr. Dec 1969

Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein Mar 1969

Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein

St. Mary's Law Journal

Abstract Forthcoming.