Rauch v. Patterson

OPINION

J. CURTISS BROWN, Chief Justice.

In this premises liability case, appellee Raymond Patterson, an independent contractor, fell through the stairway of a beach house and brought a negligence action against one of three trustees who managed the property. The defendant, Edgar Duncan Rauch, filed a Rule 93 denial contending that he was not liable in an individual capacity and that there was a defect in parties. Tex.R.Civ.P. 93(2), (4). At trial, he objected to the omission of a “duty” issue regarding ownership, occupation, or control of the premises. The trial court submitted the cause upon…