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Date: 02-26-2024
Case Style:
Case Number: 1:23-cv-00485
Judge: Robert Pitman
Court: United States District Court for the Western District of Texas (Travis County)
Plaintiff's Attorney:
Defendant's Attorney: Austin, Texas insurance defense lawyer represented the Defendant.
Description: Austin, Texas personal injury lawyers represented the Plaintiff who sued on a negligence theory.
This case was filed in the 368TH Judicial District Court of Williamson County, 23-00532-C368, and was removed to federal court by the Defendants.
What Are The 5 Elements of Negligence in Texas?
Duty. According to Texas law, negligence cases are determined by the presence of a duty of care to the plaintiff. A duty emerges when the law establishes the relationship between the plaintiff and defendant, and a responsibility the defendant should have upheld.
Breach. It is not enough for a person to prove that another person owed them or a duty. The personal injury lawyer must next prove that the Defendant breached the to the other person.
Cause in fact. Cause, in fact, also called “actual cause,” is often the easiest element to improve in the legal analysis. A claimant needs to force evidence that the defendant’s actions caused the plaintiff’s injury.
Proximate cause. To prove the element of proximate cause, the plaintiff must demonstrate through
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: