Pruski v. Garcia (Opinion)
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The Supreme Court reversed in part the judgment of the court of appeals applying Tex. Agric. Code 143.074 in holding that Plaintiff, the driver on a state highway that collided with an escaped bull in a county with a stock law, could recover against Defendant, the livestock owner, without showing the livestock owner knowingly permitted the bull to roam at large, holding that the court of appeals erred.
Specifically, the Supreme Court held (1) when cars collide with livestock on state highways in counties with stock laws, the differing standards of livestock-owner liability imposed by section 143.102 and section 143.074 cannot both apply; (2) section 143.102 provided the exclusive standard for the livestock owner's liability because the accident occurred on a state highway; and (3) because the plaintiff could not demonstrate the defendant violated section 143.102's liability standard, summary judgment was properly granted for the defendant on all claims.
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