Newman v. Tropical Visions, Inc.

I concur in the majority’s opinion, with the exception of its holding that the release signed by Mrs. Newman waived Tropical Visions’ liability for gross negligence as well as ordinary negligence. I would hold under existing Texas case law and as a matter of public policy that gross negligence cannot be waived. Furthermore, Appellees have failed to sustain them summary judgment burden as to gross negligence. We should therefore uphold Appellants’ seventh point of error and remand Appellants’ claim to the trial court for a determination on the issue of gross negligence.

CAN GROSS NEGLIGENCE BE…