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← 314 SW3D 440 - Block v. Mora

Block v. Mora’s Empirical Analysis

2009

Citation profile

4
cited by 4 later decisions
1
states following
December 2012
most recently cited

4 state decisions

Relationships

Relies on Crown Life Insurance Company v. Casteel · Leitch v. Hornsby · IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Mason · Elbaor v. Smith · Quick v. City of Austin

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Did the negligence, if any, of those named below proximately cause the injuries, if any, to [the plaintiff]?” Id. at 444 . Question 1 included two separate answer blanks next to the names of the plaintiff and the defendant. Id. The jury answered "Yes” to the plaintiff's negligence and "No” to the defendant’s negligence. Id. On appeal, the plaintiff complained that the evidence supported judgment in his favor because the defendant’s negligence was established as a matter of law. Id. The plaintiff also alleged that there was no evidence of his contributory negligence nor any evidence that he had proximately caused the accident or his injuries, and he claimed that the trial court erred in submitting his negligence to the jury. Id. On appeal, the court of appeals held that it was error to submit the invalid theory of the plaintiff’s contributory negligence to the jury. Id. at 450 . Like the court of appeals in Thota, the Block court held that because “the trial court submitted two competing theories of liability within one broad-form liability question that asked whether the negligence of the two parties involved in the accident caused the plaintiff’s injuries,” it could not "determine whether the jury truly found that [the defendant] was not negligent in causing the accident or [that the plaintiff] was solely negligent in causing his injuries (both of which findings would be against the great weight and preponderance of the evidence).”
    1 later decision quote this exact passage
  2. “determine whether the jury truly found that [the defendant] was not negligent in causing the accident or [that the plaintiff] was solely negligent in causing his injuries (both of which findings would be against the great weight and preponderance of the evidence).”
    1 later decision quote this exact passage
  3. “Did the negligence, if any, of those named below proximately cause the injuries, if any, to [the plaintiff]?” Id. at 444 . Question 1 included two separate answer blanks next to the names of the plaintiff and the defendant. Id. The jury answered”
    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.