Supreme Court of Texas
Del Lago Partners, Inc. v. Smith, 06-1022
In a bar patron's premises-liability claim for injuries caused by another patron during a closing-time melee involving dozens of intoxicated customers, the decision of the court of appeals affirming the $1.48 million award to the plaintiff is affirmed as, the record shows that for an hour and a half defendant knowingly served rowdy and drunk rivals who were engaged in repeated and aggressive verbal and physical confrontations and given this evidence, the jury was free to find defendant's response not just unalert but unreasonable.
Appellate Information
- Argued 12/06/2007
- Decided 04/02/2010
- Published 04/02/2010
Judges
- Justice WILLETT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice MEDINA, Justice GREEN, and Justice GUZMAN joined.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Audrey Mullert Vicknair, Law Office of Audrey Mullert Vicknair, Corpus Christi, TX, Lansford O. Ireson Jr., Ireson & Weizel, P.C., Mary Alice Parsons, Fulkerson, Feder & Wollam, L.L.P., Houston, TX, for Del Lago Partners, Inc., David Dies, Sandee Lee Hart, Steven Lowery Parkhurst, Dies & Hart, LLP, Orange, TX, for Bradley Smith., W. Wendell Hall, Fulbright & Jaworski L.L.P., San Antonio, TX, for Amicus Curiae Trammell Crow Central Texas, Ltd., Leslie Patterson Moore, Irving, TX, for Amicus Curiae Mothers Against Drunk Driving., Kathleen Cassidy Goodman, Law Office of Kathleen C. Goodman, PLLC, San Antonio, TX, for Amicus Curiae Pacific Legal Foundation., Reagan W. Simpson, King & Spalding LLP, Austin, TX, for Amicus Curiae H.E.B. Grocery Company.