Justia Texas Supreme Court Opinion Summaries

Petitioner Allen Keller Company, a general contractor, was working under contract to the local government to construct a portion of roadway. The contract required strict compliance with its terms, and the company had no discretion to vary any terms. Respondents brought suit against the county, engineers and driver of the car for the wrongful death of their daughter when the car she rode in slid on the rain-slick portion of road completed by the Petitioner several months earlier. The car rolled into a river, and the daughter was caught inside. Since the accident, guard rail was installed on the portion of road completed by Petitioner. Respondents maintained their claims against Petitioner, but settled with all other parties. The trial court granted Petitioner summary judgment, but the appellate court reversed, holding that Petitioner did not prove it had not proximately cause the accident that lead to the daughter's death. On review, the Supreme Court found Petitioner owed Respondents no duty to warn of the dangerous conditions in the design of the road because Petitioner had no discretion in altering terms of road's design specifications. On review, this Court reversed the appellate court's decision in favor of Petitioner.