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TACO CABANA, INC. v. EXXON CORP.

No. 04-98-00444-CV.

5 S.W.3d 773 (1999)

TACO CABANA, INC., Appellant, v. EXXON CORPORATION d/b/a Exxon Co., U.S.A., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 5, 1999.

Attorney(s) appearing for the Case

Luther H. Soules, III, Robinson C. Ramsey, William T. Sullivan, Soules & Wallace, P.C., San Antonio, James P. Wallace, Soules & Wallace, P.C., Austin, M. Stephen Cichowski, Law Offices of Phil Watkins, P.C., San Antonio, for Appellant.

David M. Bates, Exxon Corporation, Houston, Clinard J. Hanby, The Woodlands, for Appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: CATHERINE STONE, Justice.

This dispute arises out of Exxon Corporation's alleged failure to properly and completely remediate a piece of commercial property it previously leased for use as a gasoline station. Shortly after purchasing the land for use as a restaurant site, Taco Cabana unearthed soil it believed was contaminated. Taco Cabana removed the soil, and eventually sued Exxon, asserting claims of negligence, gross negligence, negligence...

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