Legal Opinion
McDonald v. Houston Dairy
Texas Court of Appeals, 1st District (Houston)
Decided August 1, 1991No. 01-90-00615-CVPublishedCited by 31 opinions
1Opinion of the Court
OPINION
O’CONNOR, Justice.
The sole issue in this case is whether the trial court abused its discretion when it dismissed as frivolous an indigent plaintiff's pro se tort claim.
Plaintiff, Bufford McDonald, is an inmate in the Institutional Division of the Texas Department of Justice. McDonald filed suit in forma pauperis and requested issuance of citation. McDonald’s pleadings allege that Kraft, Inc. and Houston Dairy were grossly negligent in the preparation and distribution of milk, and that he became ill following its consumption. Without a hearing, the trial court denied McDonald’s request…
2Cases cited10 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Johnson v. LynaughTexas Supreme Court · 1990
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Dennis v. AllisonTexas Supreme Court · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Bohannan v. Texas Board of Criminal Justice, Texas Court of Appeals, 3rd District (Austin)1997
- Denson v. T.D.C.J-I.D., Texas Court of Appeals, 12th District (Tyler)1999
- De La Vega v. Taco Cabana, Inc., Texas Court of Appeals, 4th District (San Antonio)1998
- Pedraza v. Tibbs, Texas Court of Appeals, 1st District (Houston)1992
- In Re the Expunction of Wilson, Texas Court of Appeals, 8th District (El Paso)1996
26 more not listed; retrieve them via the Exa API.