Mellon Mortgage Co. v. Holder

I join the Court’s judgment. I can join neither the plurality opinion nor Justice Baker’s writing because I believe those opinions skip a critical step that could lead some to assume the Court has adopted a new common law duty — that a landowner has a general duty to not be negligent. That is not the law in Texas, and is not after today. Because I am concerned that this omission might mislead, I write separately.

This case presents a simple question: Whether a landowner may be held liable for injuries caused to a stranger who was brought to the premises against her will by the criminal attack…