Legal Opinion

Whitehead v. Tobias

Texas Court of Appeals, 6th District (Texarkana)

Decided December 2, 1999No. 06-98-00176-CVPublished

1Opinion

ON REHEARING

In their motion for rehearing, Tobias and M.S. Carriers urge that Ring’s conduct was the proximate cause of the occurrence in question as a matter of law. Under the summary judgment proof, Ring’s conduct was a proximate cause of *663the occurrence. However, there can be more than one proximate cause of an occurrence. The summary judgment proof does not show as a matter of law that Ring’s conduct was the sole proximate cause of the occurrence in question. Proximate cause is generally a question of fact for the jury to determine, but may, under limited circumstances, be a question of…

2Cases cited6 opinions

  1. Rodriguez v. Moerbe, Texas Court of Appeals, 4th District (San Antonio)1998
  2. Bodine v. Welder's Equipment CompanyCourt of Appeals of Texas · 1975
  3. Taylor v. BrooksCourt of Appeals of Texas · 1965
  4. McCall v. WilliamsCourt of Appeals of Texas · 1958
  5. Pittman v. LicerioCourt of Appeals of Texas · 1973

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