Legal Opinion · Dissent

Sanders v. Naes Central, Inc.

Court of Appeals of Texas

Decided June 16, 2016No. 01-14-00958-CVPublished

1DissentLaura Carter Higley, Justice

I disagree with the majority’s application of res ipsa loquitur law. Accordingly, I respectfully dissent.

*262Background

On August 16, 2010, Sanders was in a building with an elevator maintained by Amtech, Sanders entered the elevator on the second or third floor. Sanders alleges that the elevator fell to a few feet below the first floor. He was taken to the hospital and claims he was injured as a result of the fall.

Sanders filed suit in 2012, alleging negligence. Later, Amtech filed a no-evidence motion for summary judgment, identifying three elements of Sanders’s negligence claim that it asserted…

2Cases cited29 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  4. Southwestern Electric Power Co. v. GrantTexas Supreme Court · 2002
  5. Travis v. City of MesquiteTexas Supreme Court · 1992

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