Henry Abalos, Petitioner v. Oil Development Company of Texas, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the defendant's employee, Morgan, owed no duty to warn or stop the pump for plaintiff Abalos because the activity was under the control of the independent contractor Ruthco and the defendant did not create the dangerous condition; the plaintiff assumed the risk. The dissent argued that a duty existed under the Restatement §343 and would remand for a jury determination.