Smith v. Transit Casualty Company

OPINION

FISHER, Chief Judge.

The above entitled matter having come on for consideration and the Court having considered the claims of the parties, and after hearing evidence in connection with the Stowers doctrine controversy, and having carefully considered the evidence and having been fully advised in the premises, makes certain findings of fact and conclusions of law as follows.

This case involves what is commonly known in Texas as the “Stowers Doctrine”. In short, the Plaintiffs seek to recover damages against the Defendant on the grounds that the Defendant failed to exercise ordinary care…