Del Lago Partners v. Smith
Smith sued Del Lago on a premises liability negligence theory that Del lago has failed to protect him from the third party aggravated assault. All-in-all, the court reached a defendable decision. The court repeatedly makes clear that its holding should not be construed to require property owners to ensure the safety of their patrons from the criminal acts of others in other circumstances. PLF's brief, which was filed in support of neither party to address the complicated duty issues, was cited in the majority opinion.
Initially, smith was awarded $2.874 million, but he will receive approximately $1.48 million because the jury determined Smith was 49 percent at fault for his injuries. Chief Justice Wallace Jefferson and Justices Harriet O’Neill, David Medina, Paul Green and Eva Guzman also upheld the jury’s decision. Justices Phil Johnson, Dale Wainwright and Nathan Hecht issued various opinions in dissent. Johnson said Smith could have simply walked away from the fracas. He also said that Smith should have went out from the place where this incident occurred to save himself.
If I would be the Texas supreme court justice, I would rule this case in a same way just like how the …show more content…
The State of Texas. According to Justia website, " On January 1, 2006, appellant called 911 to report that he had found a man's body while walking home with his son. When San Antonio police responded, they found the body of Amos Gutierrez, who had been killed with a single gunshot. The magazine clip for a pistol was found near his body. When police received information implicating appellant in the murder, they arrested him on unrelated misdemeanor warrants. After appellant confessed on videotape to the shooting, he was charged with capital murder. He filed a motion to suppress his confession, contending that his confession was involuntary and obtained in violation of the federal and state constitutions as well as Texas