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MILITARY HIGHWAY WATER SUPPLY CORP. v. MORIN

No. 03-0949.

156 S.W.3d 569 (2005)

MILITARY HIGHWAY WATER SUPPLY CORP., Petitioner, v. Francisca MORIN, et al., Respondents.

Supreme Court of Texas.

January 21, 2005.

Attorney(s) appearing for the Case

Thomas F. Nye, Linda C. Breck, Robert William Clore, Brin & Brin, P.C., Corpus Christi, Anthony B. James, Hodge James & Garza, LLP, Harlingen, William L. Hubbard, The Hernandez Law Firm, Edinburg, for Petitioner.

William R. Edwards III, John Blaise Gsanger, The Edwards Law Firm, L.L.P., James B. Ragan, Law Offices of James B. Ragan, Corpus Christi, Jose E. Chapa, Yzaguirre & Chapa, McAllen, for Respondents.

Robert L. Galligan, Jones Galligan Key & Lozano, Weslaco, for Amicus Curiae.

PER CURIAM.

A possessor of land who allows an excavation to remain on the land owes a duty to persons who encounter the excavation after (1) traveling with reasonable care on the highway and (2) foreseeably deviating from the highway in the ordinary course of travel. Restatement (Second) of Torts § 368 (1965). In City of McAllen v. De La Garza, 898 S.W.2d 809, 811 (Tex.1995), we concluded that a traveler who deviates...

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