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CHAVEZ CONST., INC. v. McNEELY

No. 01-03-00766-CV.

177 S.W.3d 593 (2005)

CHAVEZ CONSTRUCTION, INC., Appellant, v. Joe D. McNEELY, Appellee.

Court of Appeals of Texas, First District, Houston.

August 25, 2005.

Attorney(s) appearing for the Case

Jennifer Bruch Hogan, Pillsbury, Winthrop, Saw, Pittman, L.L.P., B. Lee Ware, Ware, Snow, Fogel, Jackson & Greene, Timothy F. Lee, Ware, Snow, Fogel & Jackson, L.L.P., Don R. Riddle, Riddle & Baumgartner, Houston, Mike Johanson, Johanson & Fairless, L.L.P., Sugar Land, for Appellant.

Richard P. Hogan Jr., Pillsbury, Winthrop, Shaw, Pittman, L.L.P., Micky N. Das, Tyler, Das & Debes, P.C., Houston, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

OPINION

TIM TAFT, Justice.

Appellant, Chavez Construction, Inc. ("Chavez"), appeals from a judgment rendered on a verdict awarding appellee, Joe D. McNeely, damages in his negligence action. We address (1) whether Chavez owed a duty to McNeely; (2) whether Chavez breached a duty owed to McNeely; (3) whether Chavez's actions constituted a proximate cause of McNeely's injuries; and (4) whether the trial court abused its discretion in refusing to allow Chavez...

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