Texas Supreme Court, 1978

French v. Grigsby

French v. Grigsby
Texas Supreme Court · Decided October 4, 1978 · Per Curiam
571 S.W.2d 867 (South Western Reporter, Second Series)
French v. Grigsby

Cases that cite this one

30 later published cases cite this decision. The 23 that cite it most often are listed here.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Judgment was rendered for plaintiff on the jury verdict in this suit for damages sustained when plaintiff’s motorcycle struck defendant’s automobile which turned across plaintiff’s traffic lane. The court of civil appeals affirmed. 567 S.W.2d 604.

Defendant complains of the trial court’s refusal to submit his requested issues tendering the theory of last clear chance. We agree with the holding of the court of civil appeals that the trial court did not err in this refusal. Since the advent of comparative negligence with the adoption of Art. 2212a, Tex.Rev.Civ.Stat.Ann., this Court has sought to abolish those doctrines directed to the old choice between total victory and total defeat for the injured plaintiff. Davila v. Sanders, 557 S.W.2d 770 (Tex. 1977). The doctrine of last clear chance or discovered peril fits that category and it is abolished as an issue or instruction.

The application for writ of error is refused, no reversible error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.