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CMH HOMES, INC. v. DAENEN

No. 98-0888.

15 S.W.3d 97 (2000)

CMH HOMES, INC. and CMH Homes, Inc. d/b/a Luv Homes, Petitioners, v. Kirk DAENEN, Respondent.

Supreme Court of Texas.

Decided February 10, 2000.

Rehearing Overruled May 4, 2000.

Attorney(s) appearing for the Case

Dana C. Livingston Cobb, Douglas W. Alexander, Austin, William H. Luck, Bellaire, Michael W. Eady, Austin, Walter Clay Coke, Houston, for Petitioners.

Kevin H. Dubose, Houston, Michael E. St. John, San Antonio, Richard P. Hogan, Jr., Houston, William Powers, Jr., Austin, for Respondent.

OPINION

Justice OWEN delivered the opinion of the Court.

In this premises liability case, the plaintiff injured his back when he stepped onto unstable steps while carrying a heavy load. The issue is whether there is some evidence that the premises owner knew or had constructive knowledge of this unreasonable risk of harm because (1) the owner knew that the steps would require repair and replacement over time, (2) the owner knew that in the past, the steps...

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