Texas Supreme Court
Mobil Chemical Company, Petitioner v. Edward L. Bell, Respondents
December 11, 197418 Tex. Sup. Ct. J. 113
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals' judgment remanding the case for a new trial, holding that the trial court was not required to submit separate res ipsa loquitur subissues to the jury and may submit a single general negligence issue. The Court also affirmed that the plaintiffs had satisfied the burden of establishing the two requisite res ipsa factors. Justice Daniel filed a concurring opinion agreeing with the result. The Court reiterated that Rule 277 gives trial courts discretion in issue submission.