Centeq Realty, Inc. v. Siegler

The dispositive issue in this case is whether a material fact issue was raised that the condominium complex majority owner’s proxy holder had effective control over the complex’s board-directed security measures to such an extent that it can be held liable for the alleged negligence in security decisions made. Because I agree with the court of appeals that the plaintiffs summary judgment evidence raised a fact issue regarding actual control, I dissent.

In analyzing the elements of a negligence cause of action, the first inquiry is whether the defendant owed a duty to the plaintiff. Graff v.…