Case Citator › Duncan v. Cessna Aircraft Co.

Duncan v. Cessna Aircraft Co.

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Supreme Court of Texas
Citation
665 S.W.2d 414
Decided
Confirmed treatments
1
Flagged citations read
65 of 65
Citing cases (total)
65
Treatment dates
2018
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Duncan v. Cessna Aircraft Co.'s comparative causation scheme was superseded by a 1987 Texas statute. All 65 flagged citations have been read.
More on how this was screened

The Texas Supreme Court confirmed the displacement, as listed below; Duncan's separate holdings on releases and choice of law were not displaced by that statute.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

65 later cases cite Duncan v. Cessna Aircraft Co.; 65 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Duncan v. Cessna Aircraft Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by statute

  • The 1987 Texas comparative responsibility statute displaced Duncan's comparative causation scheme for products cases.

    Sky View at Las Palmas, LLC v. Mendez · Supreme Court of Texas · filed

    Both the Duncan comparative-causation scheme and the former comparative-negligence statute, see former Tex. Civ. Prac. & Rem. Code §§ 33.001 -.003 (1986), were displaced by the former comparative-responsibility statute in September 1987, Act of June 3, 1987, 70th Leg., 1st C.S., ch. 2, §§ 2.03-.06, 1987 Tex. Gen. Laws 37, 40 (amended 1995) (current version at Tex. Civ. Prac. & Rem. Code §§ 33.001 -.004); see also Stewart Title , 822 S.W.2d at 5 (discussing Texas's contribution schemes at that time).
    Read the full opinion on CourtListener →

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