Supreme Court of Texas
760 S.W.2d 237 (1988)
Two police officers were dispatched to the scene of an injured child who had been hit by a vehicle driven by Rosita Hernandez Rodriguez (defendant). One police officer attempted to revive the child while the other police officer, Harold Snellenberger, attempted to control the gathering crowd. While Officer Snellenberger was performing his duties, he suffered a heart attack, collapsed, and died. Snellenberger’s wife, Adela (plaintiff), filed suit against Rodriguez pursuant to the rescue doctrine. The trial court granted summary judgment to Rodriguez. Snellenberger appealed. The court of appeals affirmed, holding that the rescue doctrine was not implicated under the circumstances because no perilous situation existed inviting rescue. The Supreme Court of Texas granted certiorari to review.
Rule of Law
Holding and Reasoning (Gonzalez, J.)
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