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← 772 S.W.2d 66 - Gaulding v. Celotex Corp.

Gaulding v. Celotex Corp.’s Empirical Analysis

1989

Citation profile

65
cited by 65 later decisions
5
states following
May 2018
most recently cited

10 federal appellate · 1 district · 34 state decisions

How this case has been cited

Cited by 65 later decisions — most recently May 2018 · most notably Fitzgerald v. Advanced Spine Fixation Systems, Inc. (1999), Robertson H/w H/w H/w H/w H/w H/w H/w H/w H/w H/w H/w H/w H/w H/w v. Allied Signal Inc (1990)

10 federal appellate · 1 district · 34 state decisions

3501989199020002010decided

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.

Appellate journey

reviewedthe decision below (from Texas Court of Appeals, 11th District (Eastland))

Relationships

Relies on Vandygriff v. Phillips · Hannahville Indian Community v. United States · 26 Cal. 3d 588 - Sindell v. Abbott Laboratories · 33 Cal. 2d 80 - Summers v. Tice · Borel v. Fibreboard Paper Products Corp.

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

  1. “A fundamental principle of traditional products liability law is that the plaintiff must prove that the defendants supplied the product which caused the injury”
    3 later decisions quote this exact passage
  2. “Under this theory of liability ... when independent acts of negligence are simultaneously committed by two or more tortfeasors and only one act results in injury, the plaintiff is relieved of the burden of proof. The burden shifts to the defendants to exculpate themselves. A crucial element to alternative liability is that all possible wrongdoers must be brought before the court.”
    1 later decision quote this exact passage
  3. “The [ res ipsa ] doctrine is applicable only when two factors are present: (1) the character of the accident is such that it would not ordinarily occur in the absence of negligence; and (2) the instrumentality causing the injury is shown to have been under the management and control of the defendant.”
    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.