Morin Scott D/b/a Tidelands Motor Inn, Petitioner v. James Liebman, Respondent

Summary

The Texas Supreme Court held that the motel owed a duty of ordinary care to the guest and that the guest lacked actual or constructive knowledge of the closed glass door, so the assumed‑risk defense failed. Accordingly the trial court’s judgment for the defendant was erroneous; the Court reversed the lower courts and remanded for a new trial. Justice Walker dissented, arguing that the case should be decided under Stasny and that the duty was discharged, while Chief Justice Calvert concurred in the judgment.