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· 7/8/2005

Diamond Shamrock Refining Co., LP v. Hall

Citations

  • 168 S.W.3d 164
  • 48 Tex. Sup. Ct. J. 964
  • 2005 Tex. LEXIS 537
  • 2005 WL 1691623

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that failure to implement redundant safety systems is no evidence of conscious indifference to the risk of explosion where a check valve appeared to have protected against that risk for fifteen years
  • holding that failure to implement redundant safety systems is no evidence of conscious indifference to the risk of explosion where a check valve appeared to have protected against that risk for fifteen years
  • holding that clear and convincing evidence of gross negligence did not exist
  • holding cap is not affirmative defense and automatically applies in all cases where plaintiff does not plead and prove exception to cap
  • concluding there was no evidence of gross negligence where defendant knew that certain valves were leaking, but did not know that leakage presented any danger of compressor explosion
  • concluding there was no evidence of gross negligence where a defendant knew that certain valves were leaking, but did not know that it presented any danger of a compressor explosion

Source: CourtListener parenthetical corpus (CC0).

Judges: Hecht

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.