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523 S.W.2d 445

Moore v. J. Weingarten, Inc.

Court of Appeals of Texas

Decided April 17, 1975

Court of Appeals of Texas · decided 1975-04-17

Good law ✅— No negative treatment on recordhow we know

Decided 1975-04-17

How this case has been cited

Cited by 4 later decisions — most recently September 2013

1 federal appellate · 3 state decisions

1019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STEPHENSON, Justice

¶1(concurring).

¶2I concur in the result reached in the majority opinion, as well as each and every pronouncement of law. However, in connection with that portion of the case pertaining to products liability, I would go one step further. I would hold that the doctrine of strict liability cannot be invoked in an action brought under Tex. Rev.Civ.Stat.Ann. art. 8306, section 1, subdivision 4 (1967). As quoted in the majority opinion, it is plainly stated that:

“[I]t shall be necessary to a recovery for the plaintiff to prove negligence

¶3Unless the legislature amends this statute, I would require a plaintiff to allege and prove negligence in order to recover.

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