Rueda v. Paschal’s Empirical Analysis
2005
Citation profile
14 state decisions
Appellate journey
reviewedthe decision below (from Texas 113th Judicial District Court)
Relationships
Relies on Southwestern Electric Power Co. v. Grant · Johnson v. Brewer & Pritchard, P.C. · MacIas v. Fiesta Mart, Inc. · Kelly v. LIN Television of Texas, L.P. · Fisher v. Lee and Chang Partnership
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A property owner is not liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor who constructs, repairs, renovates, or modifies an improvement to real property, including personal injury, death, or property damage arising from the failure to provide a safe workplace unless: (1) the property owner exercises or retains some control over the manner in which the work is performed, other than the right to order the work to start or stop or to inspect progress or receive reports; and (2) the property owner had actual knowledge of the danger or condition resulting in the personal injury, death, or property damage and failed to adequately warn.”
5 later decisions quote this exact passage“has the burden to establish both prongs of section 95.0003: (1) that the property owner exercised or retained some control over the manner in which the work was performed and (2) that the property owner had actual knowledge of the danger and did not adequately warn of that danger. Those courts that have referred to the burden of proof required in establishing control and knowledge are consistent with this reading of the statute and have placed that burden on the plaintiff. We hold that, while it is the defendant’s burden to establish the applicability of chapter 95 of the Texas Civil Practice and Remedies Code, it is the plaintiffs burden to prove the two prongs of section 95.003: control and knowledge.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.