DUTCHER v. OWENS

No. C-1473.

647 S.W.2d 948 (1983)

J.A. DUTCHER, Petitioner, v. Ted OWENS, et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied April 20, 1983.


Attorney(s) appearing for the Case

Thompson, Coe, Cousins & Irons, Russell W. Schell, Dallas, for petitioner.

Jacobs, Taylor & Cocanower, Steven Cocanower, Fort Worth, for respondents.


RAY, Justice.

This is a case of first impression concerning the allocation of liability among condominium co-owners for tort claims arising out of the ownership, use and maintenance of "common elements." The defendant was found to be vicariously liable for the homeowners' association's negligence. The trial court ordered that the plaintiffs recover from the defendant an amount based upon the defendant's proportionate ownership...

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