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TXI OPERATIONS, L.P. v. PERRY

No. 05-0030.

278 S.W.3d 763 (2009)

TXI OPERATIONS, L.P., Petitioner, v. David PERRY, Respondent.

Supreme Court of Texas.

Decided February 27, 2009.

Attorney(s) appearing for the Case

Zeb D. Zbranek, Zbranek Firm, P.C., Liberty, for Petitioner.

Brett S. Thomas and Jeffrey T. Roebuck, Roebuck & Thomas, PLCC, Marc P. Henry, Henry & Fuller, Beaumont, for Respondent.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, and Justice JOHNSON joined.

Rural unpaved roads with potholes at the cattle guards are quite common in this state. In this case, an invitee truck driver drove through one of those potholes several times, claiming injury on one of his last trips, and sued the landowner for its failure to adequately warn of the danger. The premises...

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