INEOS USA, LLC v. ELMGREN

No. 14-0507.

505 S.W.3d 555 (2016)

INEOS USA, LLC f/k/a Innovene USA, LLC, Ineos Polymers, Inc., a/k/a Ineos Olefins, Ineos Olefins & Polymers USA, a Division of Ineos USA, LLC, and Jonathan "Bubba" Pavlovsky, Petitioners, v. Johannes "Joe" ELMGREN and Valarie Elmgren, Individually and as Next Friends of their Minor Children, Respondents.

Supreme Court of Texas.

Opinion delivered: June 17, 2016.

Rehearing Denied December 16, 2016.


Attorney(s) appearing for the Case

Charles Randall `Chad' Flores , David M. Gunn , Erin H. Huber , Beck Redden, LLP, Matthew W. Childs , Tekell Book Matthews & Limmer, LLP, Houston TX, for Petitioners.

David L. Sheller , Sheller Law Firm, PLLC, Donna Roth , Law Offices of Donna Roth, Peter M. Kelly , Kelly, Durham & Pittard, L.L.P., Houston TX, Lynn J. Klement , Law Office of Lynn J. Klement, Angleton TX, for Respondents.


This appeal presents three issues regarding Chapter 95 of the Texas Civil Practice and Remedies Code, which protects property owners against liability to contractors, subcontractors, and their employees under certain circumstances. The first issue is whether the statute applies to negligence claims...

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