Supreme Court of Texas

In a premises liability action brought by an independent contractor's employee, reversal of summary judgment for defendant is reversed and the court renders a take-nothing judgment for defendants where: 1) defendant did not have contractual or actual control over plaintiff's actions and no duty was owed; and 2) the independent contractor had a nondelegable duty to provide its workers with a safe place to work and defendant only had a duty to warn about concealed defects.

Appellate Information

• Argued 10/17/2006
• Decided 06/13/2008
• Published 06/13/2008

Judges

• Justice BRISTER delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, and Justice WILLETT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Steven K. Hayes, Cotten Schmidt, L.L.P., Ft. Worth, Robert D. Arredondo, Manning, Gosda & Arredondo, L.L.P., Houston, Richard E. McGary, Scheef & Stone, L.L.P., Dallas, TX, for Petitioner., Frank G. Giunta, Teresa Ruiz Schober, Demarest, Smith & Giunta, PLLC, Dallas, Kevin J. Keith, Hiersche Hayward Drakely & Urbach, P.C., Addison, TX, for Respondant.