Texas Supreme Court
Robert E. McKee, General Contractor, Inc. v. David B. Patterson
June 30, 1954153 Tex. 517
Summary
The Texas Supreme Court reversed the lower courts, holding that the general contractor did not breach any duty to the subcontractor's employee because both parties knew of the slick floor and the employee voluntarily exposed himself to the risk. Accordingly, the plaintiff recovered nothing. The Court noted that when an invitee is aware of a dangerous condition and voluntarily encounters it, no duty exists. Justice Griffin dissented, arguing that the contractor owed a continuing duty of safety.