Supreme Court of Texas Blog

No. 09-0955
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Oral argument was held on December 7, 2010. The Court issued an opinion resolving the case on April 15, 2011. It then denied rehearing on September 17, 2010 File Closed

In the news...

Tracking 4 articles about this case.

April 19, 2011

Bridge contractor not liable for car over embankment, high court rules

from Southeast Texas Record

The Court has issued opinions:

April 15, 2011

Anonymous blogging decision from SCOTX; four other decisions; a grant about bad faith city takings [Apr. 15, 2011]

from SCOTXblog

This article also mentions 5 other cases.

January 16, 2011

Is builder liable for bridge's guardrail gap?

from Austin American-Statesman

September 17, 2010

Court to hear case about what duties city construction contractors owe the public [Sep. 17, 2010]

from SCOTXblog


April 15, 2011


Justice Lehrmann delivered the opinion of the Court. PDF


Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Reversed & Remanded
COA Docket No.:04-08-00490-CV
Opinion Author:Honorable Steven C. Hilbig

Trial Court

Trial Court:216th District Court
Trial Judge:Honorable Stephen B. Ables
Trial Docket:11331

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2011-07-18 Case Stored  
  This case was waiting for a possible rehearing motion between May 27, 2011 and July 18, 2011.  
2011-05-27 Mandate issued  
2011-04-15 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2011-04-15 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between December 7, 2010 and April 15, 2011.  
2010-12-07 Oral argument  
2010-12-03 Exhibits in case/cause filed (Respondent)  
2010-11-29 Oral Argument Submission Form from Attorney received  
2010-11-17 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between September 24, 2010 and November 17, 2010.  
2010-09-24 Oral Argument Submission Form from Attorney received  
2010-09-17 Petition for Review disposed Filing granted
2010-09-17 Petition Reinstated
2010-09-17 Case set for oral argument   Case set for oral argument
2010-09-17 Petition for Review granted
2010-09-17 Previous Order of the Court withdrawn  
2010-09-17 Motion for Rehearing - Disposed Filing granted
2010-09-14 Amicus Curiae Brief received  
2010-08-19 Reply Brief (Petitioner)  
2010-08-04 Brief on the Merits (Respondent)  
2010-07-15 Brief on the Merits (Petitioner)  
2010-06-28 Case Record Filed  
2010-06-18 Record Requested in Petition for Review
2010-06-15 Brief on the Merits Requested  
2010-06-11 Response to Motion for Rehearing (Respondent)  
2010-05-27 Supreme Court of Texas Requested Response  
2010-04-14 Phone call from Clerk's Office  
2010-03-30 Case forwarded to Court
2010-03-29 Motion for Rehearing  
2010-03-12 Petition for Review disposed Denied
2010-03-01 Reply to Response (Petitioner)  
2010-02-12 Response to Petition (Respondent)  
2010-01-14 Supreme Court of Texas Requested Response  
2009-12-22 Case forwarded to Court
2009-11-16 Petition for Review (Petitioner)  
2009-11-16 Appendix Filed (Petitioner)  


Party Counsel Role
Allen Keller Company
Ms. Catherine Jane Faubion
Ms. Natasha Lynn Barnes Waddell
Mr. Jeff D. Otto
Mr. Wade Caven Crosnoe
Foreman, Barbara Jean
Mr. John Eric Carlson
Mr. Sean E. Breen
Mr. Randy Howry

Amicus Curiae

Amicus Curiae Counsel
Associated General Contractors of Texas, Inc.
Mr. Jeffrey A. Brannen