United Scaffolding, Inc., Petitioner v. James Levine, Respondent

Summary

The Texas Supreme Court held that James Levine's claim against United Scaffolding, Inc. sounds in premises liability, so a general‑negligence jury submission cannot support recovery, and affirmed that United Scaffolding preserved its error argument by raising it in a motion for judgment notwithstanding the verdict. The Court reversed the Court of Appeals and entered a take‑nothing judgment for United Scaffolding. Justice Boyd, dissenting, argued the majority misstates the standard of review and the evidence.