UNITED SCAFFOLDING, INC. v. LEVINE

No. 15-0921.

537 S.W.3d 463 (2017)

UNITED SCAFFOLDING, INC., Petitioner, v. James LEVINE, Respondent.

Supreme Court of Texas.

Opinion Delivered: June 30, 2017.

Rehearing Denied January 26, 2018.

Corrected January 26, 2018.


Attorney(s) appearing for the Case

Roger W. Hughes , Adams & Graham, L.L.P., Harlingen, for Amicus Curiae Texas Association of Defense Counsel.

David M. Gunn , Erin H. Huber , Beck Redden LLP, Houston, Kathleen Marie Kennedy , Beaumont, for Petitioner.

Christopher Michael Portner , J. Trenton Bond, Portner& Bond PLLC, Beaumont, for Respondent.

Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Willett, Justice Guzman, and Justice Brown joined.


In this slip-and-fall case, we are presented with two challenges to a trial court judgment rendered against a scaffolding contractor. First, the contractor challenges the jury submission of the plaintiff's claim under a general-negligence theory of recovery, arguing that the plaintiff brought a claim for premises liability, which necessarily fails because the plaintiff did not request and obtain findings on the elements of that claim. We hold that the plaintiff's claim against...

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