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TRAMMELL CROW CENT. TEXAS, LTD. v. GUTIERREZ

No. 07-0091.

267 S.W.3d 9 (2008)

TRAMMELL CROW CENTRAL TEXAS, LTD., Petitioner, v. Maria GUTIERREZ, Individually and as Representative of the Estate of Luis Gutierrez; and Karol Ferman as Natural Parent and as Next Friend of Luis Angel Gutierrez, Respondents.

Supreme Court of Texas.

Rehearing Denied November 14, 2008.

Attorney(s) appearing for the Case

W. Wendell Hall, Rosemarie Kanusky, Fulbright & Jaworski, L.L.P., Mark Ralls, Gonzales Hobit Ferguson, L.L.P., San Antonio, TX, for Petitioner.

Kimberly S. Keller, Keller Law Firm, San Antonio, TX, Joe B. Stephens, Stephens Law Firm, Katy, TX, for Respondents.

J. Mitchell Smith, Germer Gertz, L.L.P., Beaumont, TX, Wendy Ruth Wilson, Texas Apartment Association, Inc., Austin, TX, Kathleen Cassidy Goodman, Boerne, TX, for Amici.

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

Ten years ago, we noted that "crime may be visited upon virtually anyone at any time or place,"1 and unfortunately, the same is true today. Given the pervasive and often random nature of crime in our society, we have avoided imposing a universal duty on landowners to protect persons or their property...

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