Lara v. Lile’s Empirical Analysis
1992
Citation profile
21 state decisions
Relationships
Relies on Nixon v. Mr. Property Management Co. · Gibbs v. General Motors Corporation · Acker v. Texas Water Commission · Birchfield v. Texarkana Memorial Hospital · Texas Department of Corrections v. Herring
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The pertinent question is what was Lara to acquire or receive from Raven. The only service performed by the trucking firm was the transportation of culverts from one location to another. Raven’s trucking service was not sought, received or acquired by Lara, nor did it benefit Lara.... The only connection between Lara and Raven consisted of both parties performing work for Heldenfels, Lara as an employee and Raven as a subcontractor. Appellants argue that Lara had a relationship to the transaction between Hel-denfels and Raven in that Lara and the other workers on the construction site ‘acquired’ the benefits of a safe place to work from Raven ... [hjowever; transportation was the primary service acquired; safety was incidental, albeit essential. The primary service acquired was not for the benefit of the Heldenfels employees, and was not received or acquired by them.”
1 later decision quote this exact passage“... in the absence of evidence to the contrary, there is an inference that the actor remains in his general employment so long as, by the service rendered another, he is performing the business entrusted to him by the general employer. There is no inference that because the general employer has permitted a division of control, he has surrendered it.”
1 later decision quote this exact passage“However, a person who has no relationship to the sales transaction may not be a consumer of the goods or services under the DTPA.... the goods or services provided to the employer by a third party must have some relationship to the employee in order for him to be considered a consumer under the DTPA.”
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.