Attorney(s) appearing for the Case
Linda Jene Burgess , Craig T. Enoch , Winstead PC, Lee H. Shidlofsky , Douglas Paul Skelley , Visser Shidlofsky LLP, Austin, Andrew T. McKinney , McKinney & Cooper, L.L.P., Houston, for Petitioner.
Glenn Richard Legge , Alexander C. Papandreou , Karen Ann Conticello , Legge Farrow Kimmitt McGrath & Brown, LLP, Houston, for Respondent.
Claude Stuart III , Phelps Dunbar , Houston, for Amicus Curiae.
Patrick J. Wielinski , for Associated General Contractors of America, American Contractors Ins. Group, Ltd.
Micah Ethan Skidmore , for United Policyholders.
Timothy Poteet , for Texas Association of Defense Counsel.
Supreme Court of Texas.
Justice JOHNSON delivered the opinion of the Court.
We deny Gilbert Texas Construction's motion for rehearing. We withdraw our opinion of June 4, 2010 and substitute the following in its place.
During a Dallas Area Rapid Transit Authority (DART) construction project, unusually heavy rains resulted in water damage to a building adjacent to the construction site. The owner of the building sued DART and its contractors, alleging that construction activities caused...
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