Landers v. East Texas Salt Water Disposal Co.
248 S.W.2d 731 (1952)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Where the independent tortious acts of two or more wrongdoers join to produce a single, indivisible injury that cannot be apportioned with reasonable certainty, the wrongdoers are jointly and severally liable for the entire damage.
Facts:
- C. H. Landers owned a lake which he had cleaned and stocked with fish.
- East Texas Salt Water Disposal Company operated a pipeline on land adjoining Landers' property.
- On or about April 1, 1949, the East Texas Salt Water Disposal Company's pipeline broke, and the company negligently allowed 10,000 to 15,000 barrels of salt water to flow into Landers' lake.
- Sun Oil Company operated an oil well and pipeline near Landers' property.
- On or about the same date, Sun Oil Company's pipeline also broke, and the company negligently permitted large quantities of oil and salt water to escape and flow into Landers' lake.
- The combined pollution from both pipeline breaks killed all the fish in Landers' lake, creating what he alleged was an indivisible injury.
- There was no allegation that the two companies acted in concert or with a unity of design.
Procedural Posture:
- C. H. Landers sued East Texas Salt Water Disposal Company and Sun Oil Company in a Texas trial court, seeking a joint and several judgment for damages.
- The defendants filed a plea in abatement, asserting a misjoinder of parties and causes of action.
- The trial court sustained the defendants' plea and ordered a severance, requiring Landers to replead his damages claims in two separate lawsuits.
- Landers refused to replead his case as ordered.
- The trial court then dismissed Landers' cause of action for damages.
- Landers (appellant) appealed the dismissal to the Texas Court of Civil Appeals.
- The Court of Civil Appeals affirmed the trial court's judgment in favor of the defendants (appellees).
- Landers then brought the case to the Supreme Court of Texas for review.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the law permit holding multiple defendants jointly and severally liable for an indivisible injury caused by their independent, non-concerted tortious acts?
Opinions:
Majority - Mr. Justice Calvert
Yes. Where the tortious acts of two or more wrongdoers join to produce an indivisible injury which cannot be apportioned with reasonable certainty, all wrongdoers will be held jointly and severally liable for the entire damages. The court explicitly overrules its prior precedent in Sun Oil Co. v. Robicheaux, which required concert of action for joint liability. The court reasons that the Robicheaux rule was unjust because it placed an impossible burden of proof on the innocent plaintiff to apportion damages among multiple wrongdoers. This often resulted in the injured party being unable to recover any damages. The court concludes it is better to shift the burden of apportionment from the innocent plaintiff to the culpable defendants, who can seek contribution from each other.
Dissenting - Mr. Justice Garwood
The case should be decided on narrower procedural grounds without overturning established substantive law. The dissent argues that under Texas Rule of Civil Procedure 40, the joinder of the two defendants in one lawsuit was permissible because the claims arose from the same series of occurrences and involved common questions of law or fact. Therefore, the trial court erred in sustaining the plea in abatement for misjoinder. The dissent would reverse on this procedural basis alone and would not reach the substantive question of joint and several liability, thus avoiding the need to overrule the Robicheaux precedent.
Analysis:
This decision represents a landmark shift in Texas tort law, abandoning the traditional 'concert of action' requirement for joint liability in cases of indivisible injury. By overruling Sun Oil Co. v. Robicheaux, the court adopted a more modern, plaintiff-friendly rule that prevents an innocent party from being denied recovery due to an impossible burden of proof. This precedent significantly impacts multi-tortfeasor cases, particularly in environmental pollution and complex accident scenarios, by placing the burden of apportioning fault upon the wrongdoers themselves rather than the victim.
Unlock the full brief for Landers v. East Texas Salt Water Disposal Co.