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ALLEN KELLER CO. v. FOREMAN

No. 09-0955.

343 S.W.3d 420 (2011)

ALLEN KELLER COMPANY, Petitioner, v. Barbara Jean FOREMAN, et al., Respondents.

Supreme Court of Texas.

Delivered April 15, 2011.

Attorney(s) appearing for the Case

Wade Caven Crosnoe , Jeff D. Otto , Natasha Lynn Barnes Waddell , Catherine Jane Faubion , Thompson Coe Cousins & Irons, L.L.P., Austin, TX, for Allen Keller Company.

Randy Howry , HowryBreen, L.L.P., Sean E. Breen , Howry Breen & Herman, L.L.P., John Eric Carlson , HowryBreen LLP, Austin, TX, for Barbara Jean Foreman.

Jeffrey A. Brannen , Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C., Dallas, TX, for Amicus Curiae Associated General Contractors of Texas, Inc.

Justice LEHRMANN delivered the opinion of the Court.

In this case we are called upon to decide whether a general contractor owed a duty to a motorist who was killed as a result of an allegedly dangerous condition created by the contractor's work. Because Allen Keller Company was working under a contract that required strict compliance and had no discretion to vary from its terms, we conclude that it had no duty to rectify...

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