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 plaintiff because both parties knew of the slick floor and the plaintiff voluntarily exposed himself to the risk; therefore the plaintiff is not entitled to recovery. Justice Griffin dissented, arguing that the contractor owed a continuing duty of safety and that the plaintiff had no realistic alternative but to work on the slick floor.