Dixon v. Van Waters and Rogers
Cases that cite this one
26 later published cases cite this decision. The 24 that cite it most often are listed here.
- General Electric Co. v. Moritz (Tex. 2008)
- Randy Austin v. Kroger Texas, L.P. (Tex. 2015)
- General Electric Company v. Arthur Lee Moritz (Tex. 2008)
- Middleton v. Harris Press & Shear, Inc. (5th Cir. 1986)
- Middleton v. Harris Press And Shear (5th Cir. 1986)
- Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A "A-1 Rent All" (Tex. App. 2015)
- Del Lago Partners, Inc. v. Smith (Tex. 2010)
- TXI Operations, L.P. v. Perry (Tex. 2009)
- Missouri Pacific Railroad v. Lemon (Tex. App. 1993)
- Bryant v. Gulf Oil Corp. (Tex. App. 1985)
- Sandridge Energy, Inc. v. John Barfield and Tana Barfield, Wife, Individually, and John Barfield and Tana Barfield as Next Friends of C.B. and K.B., Minor Children (Tex. 2022)
- Martin Rodriguez v. Cemex, Inc. (Tex. App. 2019)
- Randy Austin v. Kroger Texas, L.P. (5th Cir. 2014)
- Alicia Ramirez v. Craig Deen (Tex. App. 2014)
- Randy Austin v. Kroger Texas, L.P. (5th Cir. 2013)
- Txi Operations, L.P. v. David Perry (Tex. 2009)
- Walter Young Martin III v. Gehan Homes, Ltd. (Tex. App. 2008)
- Walter Young Martin III v. Gehan Homes, Ltd. (Tex. App. 2008)
- Bill's Dollar Store, Inc. v. Bean (Tex. App. 2002)
- McGuire v. Joseph E. Seagram & Sons, Inc. (Tex. App. 1990)
- Louisiana & Arkansas Railway Co. v. Blakely (Tex. App. 1989)
- Town East Ford Sales, Inc. v. Gray (Tex. App. 1987)
- Jamie K. Thomas v. Internorth, Inc. (5th Cir. 1986)
- Moore v. Noble Drilling Co. (District Court, E.D. Texas 1986)
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 APPLICATION FOR WRIT OF ERROR
Bobby E. Dixon, Sr. and Gailya W. Dixon brought this products liability suit against Van Waters and Rogers, a Division of Uni-var Company, for damages arising out of the death of their son, Bobby Eugene Dixon, Jr., caused by the inhalation of toxic vapors. The trial court rendered judgment for the defendant after the jury refused to find that defendant Van Waters and Rogers failed to give adequate warnings of the dangers or adequate instructions for the safe use of the product. The jury also found that Bobby Eugene assumed the risk and refused to find any damages. The court of appeals correctly affirmed the judgment on the verdict. 674 S.W.2d 479 (1984).
While not material to the court’s disposition of the cause, the opinion of the court of appeals alludes to the “no-duty” concept that this court rejected in Parker v. Highland Park, Inc., 565 S.W.2d 512 (Tex. 1978). The opinion appears to misinterpret the meaning of the concept that has now been rejected. The term “no-duty,” as used in Parker, referred to the oddity that had uniquely developed in Texas to confuse negligence law. It meant that a plaintiff had the burden to negate his own knowledge and his own appreciation of a danger. See Parker v. Highland Park, Inc. at 516-17. The rule that the plaintiff does not have the burden to obtain findings that disprove his own fault does not, however, *534 mean that a plaintiff is excused from proving the defendant had a duty and breached it. A plaintiff does not have the burden to prove and obtain findings that he lacked knowledge and appreciation of a danger; he must, however, prove the defendant had a duty and breached it.
The trial court properly submitted an issue on voluntary assumption of risk and the court of appeals correctly applied that rule as it existed prior to February 15, 1984. In Duncan v. Cessna Aircraft Company, 665 S.W.2d 414 (Tex. 1984), this court abolished that defense in products cases' as it had earlier done in negligence cases. Farley v. M M Cattle Co., 529 S.W.2d 751 (Tex. 1975).
We refuse the application for writ of error because there is no reversible error. TEX.R.CIV.P. 483.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.