# Safety-Kleen Corp. v. Garcia

> Texas Court of Appeals, 4th District (San Antonio) · April 17, 1997 · 945 S.W.2d 268

URL: https://www.frixlaw.com/law-library/cases/9770629

## Case

- **Full name:** SAFETY-KLEEN CORP., Relator, v. the Honorable Ricardo H. GARCIA, Respondent
- **Court:** Texas Court of Appeals, 4th District (San Antonio)
- **Decided:** April 17, 1997
- **Citations:** 945 S.W.2d 268; 1997 WL 186773
- **Precedential status:** Published
- **Opinion:** Concurrence by Rickhoff
- **Judges:** Rickhoff, Green, Angelini
- **Cited by:** 470 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9770629

## How later opinions describe it (automated extraction)

- holding trial court abused its discretion by refusing to conduct hearing and render decision on motion
- holding trial court abused discretion by refusing to conduct hearing and render decision on motion
- holding trial court abused its discretion by refusing to render a decision on relator’s motion
- holding that trial court abused its discretion by refusing to set motion for a hearing after relator requested that court coordinator set hearing
- holding that the duty to rule upon a motion is ministerial when the motion is properly filed and pending before a trial court

## Opinion text

RICKHOFF, Justice,
concurring.
I fully concur in the opinion and judgment. I write separately to emphasize the potential for future problems in this case and to warn of the consequences for the Bar, Bench and our justice system if they are not expeditiously addressed.
Mass products liability litigation requires an exceptionally competent trial judge heavily gifted with the four classical virtues of prudence, justice, temperance and fortitude in order to ensure that the injustices uncovered in Able Supply Co. v. Moye, 898 S.W.2d 766 (Tex.1995), do not recur. These same unjust results loom now; indeed, Safety-Kleen acknowledged during oral argument *271 that it was a successful defending party in Able (if one considers the nonreeoupable expenditure of $400,000.00 in fees a success).
In Able,the Texas Supreme Court stressed that “[t]his Court will not tolerate the abuses that have occurred in the management of this case,” identifying the potential for injustice. Id. at 773 . Plaintiffs afflicted with mesotheli-oma had received $1,800.00, while “Plaintiff’s counsel [had] received $2,400,000.00.” Id, at 772. After eight years of mismanaged litigation, “[d]efense costs [had] mounted to millions of dollars over the [prior] two years alone.” Id. at 771 .
Without proper case management, this A&fe-Dickensian nightmare will repeat, and the publicity generated will further erode the public’s confidence in the system of justice we are all sworn to serve. If we are perceived to be awash in unrestrained litigation abuse, juries may be tempted to ignore litigants with compelling liability and damage issues. To torturously mix three metaphors, some lawyers so serve mammon 1 they risk killing their golden calf.
. See J.K. and Susie L. Wadley Research Inst, and Blood Bank v. Morris, 776 S.W.2d 271 , 284 n. 1 (Tex.App.—Dallas 1989, orig. proceeding).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9770629. Public record. Not legal advice.