A.B.F. FREIGHT SYSTEMS, INC., Appellant v.
AUSTRIAN IMPORT SERVICE, INC., Appellee
COURT OF APPEALS OF TEXAS, Fifth District, Dallas
798 S.W.2d 606;
1990 Tex. App. LEXIS 2849
October 3, 1990, Filed
The elements are a legal duty owed by one person to another, a breach of that duty, and
damages proximately resulting from such breach.
LEE LEWIS CONSTRUCTION, INC., PETITIONER v.
NORMA HARRISON, INDIVIDUALLY AND AS NEXT
FRIEND OF SUMER DAWN HARRISON AND JIMMIE
THOR HARRISON, MINORS, AND SELLIE E.
HARRISON AND MAY HARRISON, RESPONDENTS
SUPREME COURT OF TEXAS
70 S.W.3d 778;
2001 Tex. LEXIS 132;
45 Tex. Sup. J. 232
April 5, 2000, Argued
December 20, 2001, Delivered
To sustain a negligence action, the plaintiff must produce evidence of a legal duty owed
by the defendant to the plaintiff, a breach of that duty, and damages proximately caused
by that breach.
Proximate cause comprises two elements: cause-in-fact and foreseeability.
Doe v. Boys
Clubs of Greater Dallas, Inc., 907 S.W.2d 472, 477 (Tex. 1995).