Legal Opinion

Esco Oil & Gas, Inc. v. Sooner Pipe & Supply Corp.

Texas Court of Appeals, 1st District (Houston)

Decided March 25, 1998No. 01-96-01286-CVPublishedCited by 38 opinions

1Opinion of the Court

OPINION

O’CONNOR, Justice.

The most significant issue in this case is whether the doctrine of res ipsa loquitur applies when a plaintiff sues multiple defendants claiming the negligence of one of them caused the plaintiff’s injury. We hold that the doctrine of res ipsa loquitur does not apply when one of multiple defendants may be responsible for the injury, independent of the other defendants.

Esco Oil & Gas, Inc., plaintiff below, appeals the granting of summary judgment for the defendants. We reverse.

Facts

In 1988, defendant Sooner Pipe & Supply Coip. (Sooner Supply) bought L-80 low-nickel…

2Cases cited6 opinions

  1. Lear Siegler, Inc. v. PerezTexas Supreme Court · 1991
  2. Bond v. Otis Elevator CompanyTexas Supreme Court · 1965
  3. Marshall v. Sackett, Texas Court of Appeals, 1st District (Houston)1995
  4. Mayer v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 1st District (Houston)1994
  5. Rogers v. Duke, Texas Court of Appeals, 1st District (Houston)1989

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

3Cited by38 opinions

  1. Mathis v. Restoration Builders, Inc., Texas Court of Appeals, 14th District (Houston)2007
  2. Boales v. Brighton Builders, Inc., Texas Court of Appeals, 14th District (Houston)2000
  3. Marsaglia v. University of Texas, El Paso, Texas Court of Appeals, 8th District (El Paso)1999
  4. Velasquez v. Waste Connections, Inc., Texas Court of Appeals, 8th District (El Paso)2005
  5. In Re the Estate of Swanson, Texas Court of Appeals, 8th District (El Paso)2003

33 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