Loram Maintenance of Way, Inc., Petitioner v. David Ianni, Respondent

Summary

The Texas Supreme Court held that Loram Maintenance of Way owed no duty to police officer Ianni for the off‑duty conduct of employee Roger Tingle because Loram exercised no control over Tingle when the shooting occurred, and the Court rejected the application of the law‑of‑the‑case doctrine, allowing review of the duty issue. The Court reversed the appellate judgment and entered a take‑nothing judgment for Loram.