Ruth Parker, Petitioner v. Highland Park, Inc., Respondent

Summary

The Texas Supreme Court abolished the "no‑duty" doctrine in premises liability cases, holding that a landlord owes a duty of reasonable care to a tenant's guests under Restatement §§360 and 361 and that negligence is to be determined by ordinary negligence principles. The Court affirmed the trial court's judgment for Ruth Parker, finding Highland Park negligent and rejecting the appellate court's reliance on the no‑duty rule. Justice McGEE concurred, emphasizing that no instruction on "open and obvious" or "no‑duty" should be given to the jury. Justice McGEE, concurring, would have added that such instructions intrude on the jury's weighing of evidence.