TEXAS HOME MANAGEMENT, INC. v. PEAVY

No. 00-0889.

89 S.W.3d 30 (2002)

TEXAS HOME MANAGEMENT, INC., Petitioner, v. Edith Carol PEAVY and O.L. Peavy, individually and on behalf of The Estate of Elizabeth Ann Peavy, deceased, Respondents.

Supreme Court of Texas.

Decided October 31, 2002.

Rehearing Denied December 12, 2002.


Attorney(s) appearing for the Case

Iris H. Robinson, Jay D. Hirsch, Hirsch & Robinson, Philip Andrew Sellers, Fred L. Shuchart, Tina V. Snelling, Tina Snelling & Associates, Houston, for Petitioner.

Karl B. Brock, W. Burl Brock, Brock & Brock, San Antonio, for Respondents.


Justice RODRIGUEZ delivered the opinion of the Court, in which Justice ENOCH, Justice HANKINSON, Justice O'NEILL, and Justice JEFFERSON join.

In this case, we must decide whether and under what circumstances an intermediate care facility for the mentally retarded owes a duty of care to a person murdered by a resident of the facility. The trial court granted the facility a summary judgment on the ground that no duty existed. The court of appeals affirmed in part and...

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