Browsing by Author "Holden, Gerry L."

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A Landlord Owes the Duty of Reasonable Care in Maintaining Safety on His Leased Premises
(Texas Tech Law Review, 1974) Holden, Gerry L.
The Supreme Court of New Hampshire held that landlords owe a duty of reasonable care not to subject others to an unreasonable risk of harm and that the traditional questions of control, hidden defects, and common or public use are no longer prerequisites to the conversation of a landlord’s liability for negligence. The author claims that Sargent is a step in the right direction, holding landlords liable based on fault and imposing a duty of reasonable care upon landlords instead of the common law protections set out under tort law. Further, the author suggests other jurisdictions should adopt the Sargent rationale and absolve the special position held by landlords under tort law.
Sex Discrimination in the 1970’s: The Supreme Court Decisions
(Texas Tech Law Review, 1974) Holden, Gerry L.
Discusses the current progression of laws on sex discrimination by looking at four Supreme Court decisions which includes a detailed analysis of the facts. The author observes three ways that are available for the advancement of women’s rights and equality between the sexes. The author explains why the equal rights amendment is the most desirable of all solutions.
Texas Does Not Apply the Doctrine of Res Ipsa Loqitur in Medical Malpractice Cases
(Texas Tech Law Review, 1973) Holden, Gerry L.
The Texas Court of Civil Appeals in Louis v. Parchman held that the doctrine of re ipsa loquitur is not applicable in medical malpractice cases in the absence of “extraordinary circumstances.” Traditionally res ipsa loquitur is a rule of evidence that permits the introduction of circumstantial evidence from which the jury may infer specific acts of negligence by defendant, such as failure to remove a surgical sponge from the body. While the facts of Parchman meant the plaintiff would be unable to utilize any form of res ipsa loquitur, the author suggests Texas courts should adopt one form, either traditional or liberal, of the res ipsa loquitur doctrine as the general rule in medical malpractice cases.