SCOTT AND WHITE MEMORIAL HOSP. v. FAIR

No. 08-0970.

310 S.W.3d 411 (2010)

SCOTT AND WHITE MEMORIAL HOSPITAL and Scott, Sherwood and Brindley Foundation, Petitioners, v. Gary FAIR and Linda Fair, Respondents.

Supreme Court of Texas.

Decided May 7, 2010.

Rehearing Denied June 11, 2010.


Attorney(s) appearing for the Case

Stuart Smith, Naman Howell Smith & Lee LLP, Waco, TX, Bruce Burleson, Attorney at Law, Belton, TX, for Petitioner.

Richard E. Brophy Jr., Frederick deB. Bostwick III, Julia Brooks Jurgensen, Beard Kultgen Brophy Bostwick Dickson & Squires, Waco, TX, for Respondent.

Bruce Burleson, Attorney at Law, Belton, TX, for other interested parties.


Chief Justice JEFFERSON delivered the opinion of the Court.

In this premises liability case, we must decide whether ice that accumulates naturally outside a business due to a winter storm poses an unreasonable risk of harm. Because we hold that it does not, we reverse in part the court of appeals' judgment and render judgment that the respondents take nothing.

I

Factual and Procedural Background

Gary Fair drove his wife to a doctor's appointment...

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