Legal Opinion · Dissent

City of Amarillo v. Martin

Texas Supreme Court

Decided June 5, 1998No. 96-0123Published

1DissentSpector, Justice

Under what circumstances does the driver of an emergency vehicle have a duty to drive with due regard for the safety of others as required by article 6701d, section 24(e) of the Revised Civil Statutes? The majority today answers never. I dissent.

Although canons of statutory-construction require us to give effect to all the words of the statute if possible,'see Tex. Gov’t Code § 311.021(2); Chevron Corp. v. Redmon, 745 S.W.2d 314, 316 (Tex.1987), the majority frames this case as a choice between a pure negligence standard and a pure recklessness standard. There is no attempt to harmonize the…

2Cases cited7 opinions

  1. City of Lancaster v. ChambersTexas Supreme Court · 1994
  2. Chevron Corp. v. RedmonTexas Supreme Court · 1987
  3. Brown v. Spokane County Fire Protection District No. 1Washington Supreme Court · 1983
  4. Shawnee Township Fire District No. 1 v. MorganSupreme Court of Kansas · 1977
  5. Mayor of Baltimore v. Fire Insurance Salvage CorpsCourt of Appeals of Maryland · 1959

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API