Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.

in which PHILLIPS, Chief Justice, GONZALEZ, HECHT, ENOCH, OWEN and HANKINSON, Justices, join.

We overrule Respondent’s motion for rehearing and motion for voluntary remittitur. We withdraw our opinion of July 9,1997, and substitute the following in its place.

In Southwestern Bell Telephone Co. v. DeLanney, 809 S.W.2d 493, 494-95 (Tex.1991), this Court held that a cause of action for negligence could not be based on an allegation that a party had negligently failed to perform a contract because such a claim sounded in contract, not in tort. Today we are requested to apply a similar analysis to…