Moises Galindo v. Precision American Corp., Georgia Pacific Corporation

How courts have described this case

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

• finding that grocery store could be held strictly liable for customer’s injuries when carton holding soft drink bottles fell apart causing glass bottles to shatter on the floor
• stating that reasonable inferences are drawn in favor of the nonmoving party, but “unsupported allegations or affidavits setting forth ‘ultimate or conclusory facts ...” are insufficient to either support or defeat a motion for summary judgment”
• listing examples of impermissibly conclusory averments, including a bare allegation that an employee was “acting within [the] scope of employment,” and noting that such statements implicate matters subject to a totality-of-the-eircumstances analysis
• “[I]t is not for us to adopt innovative theories of ... Texas law, but simply to apply that law as it currently exists.”
• “Nor is it the function of the federal court to expand the existing scope of state law.”
• “between consumer and retailer, retailer should bear the loss; between innocent retailer and manufacturer, manufacturer should indemnify”

Source: CourtListener parenthetical corpus (CC0).