Texas Supreme Court
Natalie K. Halepeska, Petitioners v. Callihan Interests, Inc., Respondent
July 31, 19636 Tex. Sup. Ct. J. 644
Summary
The Texas Supreme Court reversed the Court of Civil Appeals and remanded the case, holding that Callihan Interests owed a duty of care to Halepeska as a business invitee and that the trial court erred in disregarding the jury's findings on knowledge, appreciation of danger, and volenti. The Court affirmed that negligence in insufficiently staking the flow pipe was a proximate cause of death, and that the trial court was correct in not submitting issues regarding who opened the valves. The decision also clarified the application of the "no duty" and volenti doctrines in Texas tort law.