Legal Opinion

Texas Brine Corp. v. Lofton

Court of Appeals of Texas

Decided April 11, 1985No. C14-83-480-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

SEARS, Justice.

Appellant Morris Wayne Johnson, while in the course and scope of his employment with Appellant Texas Brine Corporation, was involved in a vehicular collision with Appellee. Appellee brought suit against Appellants for personal injuries and was awarded $113,500.00. This amount was reduced by 35%, the percent*692age of comparative negligence that the jury attributed to Appellee. The central issue is whether or not speed can be a proximate cause without foreseeability. We hold it cannot. The judgment is reversed and remanded.

On the evening of the accident, the weather…

2Cases cited5 opinions

  1. Farley v. MM Cattle CompanyTexas Supreme Court · 1975
  2. Biggers v. Continental Bus System, Inc.Texas Supreme Court · 1957
  3. Clark v. WaggonerTexas Supreme Court · 1970
  4. Liberty Film Lines, Inc. v. PorterTexas Supreme Court · 1941
  5. Texas & Pacific Railway Company v. McCleeryTexas Supreme Court · 1967

3Cited by7 opinions

  1. Lofton v. Texas Brine Corp.Texas Supreme Court · 1986
  2. Lofton v. Texas Brine Corp.Texas Supreme Court · 1989
  3. Texas Brine Corp. v. LoftonCourt of Appeals of Texas · 1988
  4. Lofton v. Texas Brine Corp.Texas Supreme Court · 1989
  5. Lofton v. Texas Brine Corp.Texas Supreme Court · 1989

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