Henry Abalos, Petitioner v. Oil Development Company of Texas, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the oil company’s pumper, Morgan, owed no duty to the injured employee, Abalos, under the discovered‑peril doctrine as articulated in Buchanan v. Rose. The Court rejected the applicability of the last‑clear‑chance and no‑duty doctrines, directing that the case be decided on ordinary negligence principles. A concurrence and a dissent were filed, the former urging abolition of the last‑clear‑chance and no‑duty doctrines, the latter arguing that Morgan did owe a duty to the plaintiff.