Legal Opinion · Dissent

Maritime Overseas Corp. v. Ellis

Texas Supreme Court

Decided July 3, 1998No. 94-1057Published

1DissentHecht, Justice

Maritime Overseas Corporation seeks a new trial because, while Richard Ellis was undeniably injured by his exposure to diazi-non, the scientific evidence does not support the conclusion that he suffers from permanent neurotoxicity, and thus the $8,576,000 awarded him in damages is excessive. The Court holds that it could not order a new trial even if it agreed with Maritime Overseas’ contention, completely ignoring its decision to grant a new trial in indistinguishable circumstances just one year ago in Texar-kana Memorial Hospital, Inc. v. Murdock, 946 S.W.2d 836 (Tex.1997). The Court also…

2Cases cited31 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  4. Burroughs Wellcome Co. v. CryeTexas Supreme Court · 1995
  5. Stewart Title Guaranty Co. v. SterlingTexas Supreme Court · 1992

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