Supreme Court of Texas
898 S.W.2d 773 (1995)
In 1989, a pump manufactured by Union Pump Company (Union Pump) (defendant) caught fire at Texaco Chemical Company’s (Texaco) facility in Port Arthur, Texas. Sue Allbritton (plaintiff), a trainee employee of Texaco who had just finished her shift was about to leave the facility when the fire erupted. She and her supervisor, Felipe Subia, Jr., were directed to assist in putting out the fire. After the fire had been extinguished, it was learned that there was an emergency situation with a nitrogen purge valve. Subia was instructed to block the valve. Allbritton asked to go with Subia to assist and he agreed. To get to the valve, Allbritton followed Subia on an unsafe route over an aboveground pipe rack, which was about 2 1/2 feet high, instead of going around it. After securing the valve, Subia returned by walking over the pipe rack and Allbritton followed. Allbritton slipped off the rack, which was wet due to the water associated with the fire that had just been extinguished, and sustained injuries. Allbritton brought suit against Union Pump asserting claims for negligence, gross negligence, and strict liability. Allbritton claimed that the defective pump was the proximate cause or producing cause of her injuries. The trial court granted Union Pump’s motion for summary judgment and Allbritton appealed. The court of appeals reversed, finding that Allbritton raised issues of fact concerning proximate cause or producing cause. Union Pump appealed to the Texas Supreme Court.
Rule of Law
Holding and Reasoning (Owen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.