Texas High Court Fails To Clean Up Law of Negligence

Law360, New York (February 14, 2013, 1:10 PM EST) -- Recently, the Supreme Court of Texas failed to take advantage of an opportunity to straighten out some doctrinal confusion in the law of negligence. The confusion stems from the recent shift from a "but-for" test to a "substantial-factor" test for cause-in-fact.

Psychological Despair

In Rodriguez-Escobar v. Goss, Goss attracted the attention of the police when she fired a shotgun in her home. She told the police that she was suicidal because her husband had left her. They took her to a private psychiatric hospital, where she...
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