Philip BOERJAN, Mestena Operating, LLC, formerly known as Mestena Operating, Ltd., Mestena Inc., and Mestena Uranium, LLC, Petitioners,
v.
J. Jesus RODRIGUEZ and M. Carmen Negrete, Individually, and as Co-Representatives of the Estates of Nicolas Landeros-Anguiano, Angelina Rodriguez-Negrete, and Claudia Laura Landeros Rodriguez, and as next friends of A.L.R., a minor, Respondents.
Supreme Court of Texas.https://leagle.com/images/logo.png
June 27, 2014.
June 27, 2014.
Attorney(s) appearing for the Case
Marisa Bono , Mexican American Legal Defense & Education Fund, San Antonio, TX, for Amicus Curiae Mexican American Legal Defense and Educational Fund.
James C. Harrington , Texas Civil Rights Project, Austin, TX, for Amicus Curiae Texas Civil Rights Project.
Dolores Alvarado Hibbs , Texas Department of Agriculture, Austin, TX, for Amicus Curiae Texas Department of Agriculture.
Chesley N. Blevins , Jackson Walker LLP, Austin, TX, for Amicus Curiae Texas Mining & Reclamation Association.
James F. Buchanan , Welder Leshin LLP, Corpus Christi, TX, for Amicus Curiae The John G. and Marie Stella Kenedy Memorial Foundation.
In this case, we address the duty a landowner or occupier owes to a trespasser. Here, a driver trespassed on a ranch while transporting a family. After being confronted by a ranch employee, the trespassing driver fled at high speed, and the vehicle rolled over, killing the family. The decedents' family (the Rodriguezes) filed wrongful death claims, including negligence and gross negligence. Because our case law makes clear that a land occupier owes only...
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