A.S. Horner, Inc. v. Rafael Navarrette

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS A.S. HORNER, INC., § No. 08-18-00044-CV Appellant, § Appeal from the v. § 384th District Court RAFAEL NAVARRETTE, § of El Paso County, Texas Appellee. § (TC# 2015DCV3144) DISSENTING OPINION What utility would be had by a statute allowing the State and TXDOT, who merely maintain a highway overpass, to be liable for injury caused by construction of the overpass but allowing the contractor who actually constructed it to never be subject to liability? To me, such an interpretation of section 97.002 of the Texas Civil Practice and Remedies…