Texas Supreme Court

Maria Juhl, Breck Landry, Martha Arellano, Richard D. Weiss, Betty F. Jameson, Grace Madrid, Barbara Shepard Baldwin…

January 31, 1997936 S.W.2d 640

Summary

The Texas Supreme Court reversed the Court of Appeals and held that none of the protestors owed a duty to Officer Airington and could not be held liable for his back injury. The Court found no proximate cause, no applicable unincorporated association liability, and rejected the concert of action theory, concluding that summary judgment was proper. Justice Gonzalez, in a concurring opinion, argued that the case should be decided on the Fireman's Rule to protect public policy and free speech.