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DEL LAGO PARTNERS, INC. v. SMITH

No. 06-1022.

307 S.W.3d 762 (2010)

DEL LAGO PARTNERS, INC. and Del Lago Partners, L.P., Doing Business Under the Assumed Name of Del Lago Golf Resort & Conference Center, and BMC-The Benchmark Management Company, Petitioners, v. Bradley SMITH, Respondent.

Supreme Court of Texas.

Decided April 2, 2010.

Attorney(s) appearing for the Case

Audrey Mullert Vicknair, Law Office of Audrey Mullert Vicknair, Corpus Christi, TX, Lansford O. Ireson Jr., Ireson & Weizel, P.C., Mary Alice Parsons, Fulkerson, Feder & Wollam, L.L.P., Houston, TX, for Petitioners.

David Dies, Sandee Lee Hart, Steven Lowery Parkhurst, Dies & Hart, LLP, Orange, TX, for Respondent.

W. Wendell Hall, Fulbright & Jaworski L.L.P., San Antonio, TX, for Amicus Curiae Trammell Crow Central Texas, Ltd.

Leslie Patterson Moore, Irving, TX, for Amicus Curiae Mothers Against Drunk Driving.

Kathleen Cassidy Goodman, Law Office of Kathleen C. Goodman, PLLC, San Antonio, TX, for Amicus Curiae Pacific Legal Foundation.

Reagan W. Simpson, King & Spalding LLP, Austin, TX, for Amicus Curiae H.E.B. Grocery Company.

Justice WILLETT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice MEDINA, Justice GREEN, and Justice GUZMAN joined.

This appeal concerns a bar owner's liability for injuries caused when one patron assaulted another during a closing-time melee involving twenty to forty "very intoxicated" customers. The brawl erupted after ninety minutes of recurrent threats, cursing, and shoving by two rival groups of patrons. The jury heard...

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