Thornal v. Cargill, Inc.
Cases that cite this one
27 later published cases cite this decision. The 18 that cite it most often are listed here.
- Bramlett v. Phillips (Tex. App. 2012)
- Lorrie Frazin v. Marc Sauty and Benedicte Sauty (Tex. App. 2019)
- Long v. Castle Texas Production Ltd. Partnership (Tex. 2014)
- Patsy Jean Johnson AKA Patricia M. Johnson v. Wayne Ventling (Tex. App. 2013)
- Phillips v. Bramlett (Tex. 2013)
- Sun Power, Inc. v. Adams (Tex. App. 1988)
- Schley v. Structural Metals, Inc. (Tex. App. 1979)
- Patsy Jean Johnson AKA Patricia M. Johnson v. Wayne Ventling (Tex. App. 2013)
- Alfred Kelly Goforth v. State (Tex. App. 2013)
- Kyle Johnson and Dionne Johnson v. Graze Out Cattle Co. (Tex. App. 2012)
- Kyle Johnson and Dionne Johnson v. Graze Out Cattle Co. (Tex. App. 2012)
- Long v. Castle Texas Production Ltd. Partnership (Tex. App. 2011)
- Tom Williams, Independent of the Estate of Dora E. L. Barnett v. Marleen Kovalchik Barnett (Tex. App. 2011)
- Apache Corp. v. DYNEGY MIDSTREAM SERVICES (Tex. App. 2006)
- Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas Processors, LLC (Tex. App. 2006)
- Mason v. Western Mortgage Loan Corp. (Utah Ct. App. 1988)
- Milton v. Aransas Shrimp Cooperative (Tex. App. 1983)
- Ruby Conway v. Chemical Leaman Tank Lines, Inc. (5th Cir. 1982)
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
ON MOTION FOR REHEARING
We withdraw our former per curiam opinion, set aside the former judgment, grant petitioner’s motion for rehearing, and substitute this as the court’s opinion. This is a personal injury action in which Floyd Thornal alleged injuries resulting from a fall due to negligence. After a jury trial, the court rendered judgment that plaintiff take nothing. The court of civil appeals affirmed in part and reversed and rendered in part. 573 S.W.2d 845.
We agree with the holding of the court of civil appeals that the trial court erred in failing to disregard the jury’s answer that Thornal’s supervisor was aware of the danger involved in using the ramp as a walkway. However, we are not in accord with the court’s holding that Parker v. Highland Park, 565 S.W.2d 512 (Tex. 1978), retroactively controls this disposition. Even when we apply the law as it existed prior to Parker, there is no evidence that Thornal’s supervisor was aware of the hazard involved in attempting to use the ramp as a walkway under the circumstances as they existed on the occasion in question. The “no duty” doctrine, as it existed before Parker, was, therefore, not applicable.
In reversing the trial court’s judgment and rendering judgment for Thornal, the judgment of the court of civil appeals did not provide for post-judgment interest. In American Paper Stock Co. v. Howard, 528 S.W.2d 576 (Tex. 1975), we stated that *385 when the trial court’s judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment. Therefore, Thornal was entitled to interest at nine percent from the date of the trial court’s judgment.
Pursuant to Rule 483, Texas Rules of Civil Procedure, we grant the application for writ of error and, without hearing oral argument, reform the judgment of the court of civil appeals to provide for interest at nine percent from the date of the trial court’s judgment, and as reformed, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.