Opinion

General Chemical Corp. v. De La Lastra

  • 852 S.W.2d 916
  • 1993 WL 46530
Court
Texas Supreme Court
Filed
Jun 3, 1993
Status
Published
Author
Cornyn
On the bench
Gonzalez, Cornyn, Hecht, Phillips, Enoch
Cited by
180 cases

concluding that application of federal maritime law can be waived by failing to object to the application of state law in jury charge and that General Chemical invited error by not objecting to, and then requesting, “the very issues that it now seeks to avoid.”

How later courts described this case

  • concluding that application of federal maritime law can be waived by failing to object to the application of state law in jury charge and that General Chemical invited error by not objecting to, and then requesting, “the very issues that it now seeks to avoid.”
  • recognizing, in case applying federal maritime law in Texas state court, that federal law “dictates the substantive law that governs that claim’s resolution” but does not affect state court’s jurisdiction over claim
  • construing the almost identical definition of "claimant" in Texas Civil Practice and Remedies Code section 41.001 and concluding that "when a party is seeking exemplary damages for the death of an individual, both the deceased and the persons seeking recovery are defined as a claimant"
  • concluding that the application of maritime law can be waived

Written by the judges who cited it.

The opinion

CORNYN, Justice,

concurring.

[Filed June 3, 1993]

I agree with the court that there was some evidence of gross negligence presented in the trial court. I concur in the judgment rather than join the court’s opinion, however, because I cannot agree with the remainder of the opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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