Public-domain · open source
OpenJurist
← 801 SW2D 158 - Beard v. Graff

Beard v. Graff’s Empirical Analysis

1990

Citation profile

6
cited by 6 later decisions
3
states following
November 1995
most recently cited

6 state decisions

Appellate journey

reviewedthe decision below (from Texas 225th Judicial District Court)

Relationships

Relies on Mitseff v. Wheeler · El Chico Corp. v. Poole · Kelly v. Gwinnell · 21 Cal. 3d 144 - Coulter v. Superior Court · Otis Engineering Corp. v. Clark

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

  1. “The legislature amended the Alcoholic Beverage Code to include a civil cause of action against an alcoholic beverage licensee when “at the time ... [of service] ... it was apparent to the provider that the individual being ... served ... was obviously intoxicated to the extent he presented a clear danger to himself and others.” Act of June 1, 1987; § 3 (to be codified at Tex.Alco.Bev.Code Ann. § 2.02) (emphasis added). The legislature appears to have created a much more onerous burden of proof for an injured plaintiff than we have in this opinion.”
    1 later decision quote this exact passage · from the dissent
  2. “Statutory Remedy The liability of providers under this chapter for the actions of their customers, members, or guests who are or become intoxicated is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages. This chapter does not impose obligations on a provider of alcoholic beverages other than those expressly stated in this chapter. This chapter provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older.”
    1 later decision quote this exact passage · from the dissent
  3. “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
    1 later decision quote this exact passage · from the dissent

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.