Abalos v. Oil Development Co. of Texas

I respectfully dissent. It is my opinion that the evidence raised fact issues bearing upon the ultimate question as to the existence and violation of duty owed by the defendant to the plaintiff under the particular circumstances existing on the occasion of the injury. Thus, the non-existence of duty or lack of violation thereof have not been established as a matter of law, and the judgment granting the instructed verdict should be reversed and the cause remanded.

The plaintiff alleged negligence of defendant’s agent, Curtis Morgan, who, upon discovery of plaintiff’s position of peril, failed…