Texas Supreme Court
Texas Home Management, Inc., Petitioner v. Edith Carol Peavy and O.l. Peavy
October 31, 200246 Tex. Sup. Ct. J. 71
Summary
The Texas Supreme Court held that Texas Home Management, Inc. (THM) did not establish as a matter of law that it owed no duty to control resident Anthony Dixon, and therefore affirmed in part the Court of Appeals' reversal of the trial court’s summary judgment. The Court affirmed that a special relationship and foreseeability can impose a duty of control on an intermediate care facility, but remanded for further proceedings on the remaining issues. Justice HECHT dissented, arguing that THM should be entitled to summary judgment, and Justice OWEN concurred, limiting the duty to reporting obligations.