Texas Home Management, Inc. v. Peavy

in which Justice ENOCH, Justice HANKINSON, Justice O’NEILL, and Justice JEFFERSON join.

In this case, we must decide whether and under what circumstances an intermediate care facility for the mentally retarded owes a duty of care to a person murdered by a resident of the facility. The trial court granted the facility a summary judgment on the ground that no duty existed. The court of appeals affirmed in part and reversed and remanded in part. 7 S.W.3d 795. Because the intermediate care facility in this case did not establish as a matter of law that it had no duty, we affirm the court of…