Legal Opinion

Allen Keller Co. v. Foreman

Texas Supreme Court

Decided April 15, 2011No. 09-0955PublishedCited by 36 opinions

1Opinion of the CourtJustice Lehrmann

In this case we are called upon to decide whether a general contractor owed a duty to a motorist who was killed as a result of an allegedly dangerous condition created by the contractor’s work. Because Allen Keller Company was working under a contract that required strict compliance and had no discretion to vary from its terms, we conclude that it had no duty to rectify the condition. In addition, because the premises were not under Allen Keller Company’s control at the time of the accident and the condition was known by the property owner, we conclude that Allen Keller Company owed no duty…

2Cases cited10 opinions

  1. Western Investments, Inc. v. UrenaTexas Supreme Court · 2005
  2. Redinger v. Living, Inc.Texas Supreme Court · 1985
  3. City of Denton v. Van PageTexas Supreme Court · 1986
  4. Nabors Drilling, U.S.A., Inc. v. EscotoTexas Supreme Court · 2009
  5. General Electric Co. v. MoritzTexas Supreme Court · 2008

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3Cited by36 opinions

  1. United Scaffolding, Inc. v. James LevineTexas Supreme Court · 2017
  2. Wyckoff v. George C. Fuller Contracting Co., Texas Court of Appeals, 5th District (Dallas)2011
  3. Vasquez v. Legend Natural Gas III, LPCourt of Appeals of Texas · 2016
  4. Marta Arredondo v. Techserv Consulting and Training, Ltd., T&D Solutions, LLC, and AEP Texas Central Company, Texas Court of Appeals, 4th District (San Antonio)2018
  5. Englobal U.S., Inc. v. Rodrick Gatlin, Texas Court of Appeals, 9th District (Beaumont)2014

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