Thornal v. Cargill, Inc.
| Decision Date | 13 June 1979 |
| Docket Number | No. B-8065,B-8065 |
| Citation | 587 S.W.2d 384 |
| Parties | Floyd B. THORNAL, Petitioner, v. CARGILL, INC., et al., Respondents. |
| Court | Texas Supreme Court |
We withdraw our former per curiam opinion, set aside the former judgment, grant petitioner's motion for rehearing, and substitute this as the court's opinion. This is a personal injury action in which Floyd Thornal alleged injuries resulting from a fall due to negligence. After a jury trial, the court rendered judgment that plaintiff take nothing. The court of civil appeals affirmed in part and reversed and rendered in part. 573 S.W.2d 845.
We agree with the holding of the court of civil appeals that the trial court erred in failing to disregard the jury's answer that Thornal's supervisor was aware of the danger involved in using the ramp as a walkway. However, we are not in accord with the court's holding that Parker v. Highland Park, 565 S.W.2d 512 (Tex.1978), retroactively controls this disposition. Even when we apply the law as it existed prior to Parker, there is no evidence that Thornal's supervisor was aware of the hazard involved in attempting to use the ramp as a walkway under the circumstances as they existed on the occasion in question. The "no duty" doctrine, as it existed before Parker, was, therefore, not applicable.
In reversing the trial court's judgment and rendering judgment for Thornal, the judgment of the court of civil appeals did not provide for post-judgment interest. In American Paper Stock Co. v. Howard, 528 S.W.2d 576 (Tex.1975), we stated that when the trial court's judgment is erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment. Therefore, Thornal was entitled to interest at nine percent from the date of the trial court's judgment.
Pursuant to Rule 483, Texas Rules of Civil Procedure, we grant the application for writ of error and, without hearing oral argument, reform the judgment of the court of civil appeals to provide for interest at nine percent from the date of the trial court's judgment, and as reformed, the judgment is affirmed.
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Phillips v. Bramlett
...after the court of appeals had reversed and rendered judgment but failed to include an award of postjudgment interest. 587 S.W.2d 384, 384–85 (Tex.1979) (per curiam). Citing American Paper Stock, we explained again that, “when the trial court's judgment is erroneous, the judgment of the cou......
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Schley v. Structural Metals, Inc.
...Cargill, Inc., 573 S.W.2d 845 (Tex.Civ.App. Beaumont 1978; writ granted, judgment reformed to provide for post-judgment interest, (Tex.1979) 587 S.W.2d 384), in support of that proposition. It is true that the majority of the Court of Civil Appeals in Thornal, based upon certain statements ......
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Long v. Castle Tex. Prod. Ltd.
...from the date of the trial court's original, erroneous judgment. We likewise applied the American Paper exception in Thornal v. Cargill, Inc., 587 S.W.2d 384 (Tex.1975). There, the court of appeals affirmed a judgment in part and reversed and rendered the remainder of the judgment. Id. at 3......
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Johnson v. Ventling
...of prejudgment interest) relates back to the date of the original erroneous trial court judgment. See, e.g., Thornal v. Cargill, Inc., 587 S.W.2d 384, 385 (Tex. 1979) ("[W]hen the trial court's judgment is erroneous, the judgment of the court of civil appeals must take its place and plainti......