El Paso Marketing L.P., et al. v. Wolf Hollow I, L.P. (Majority)Annotate this Case
This case arose when the owner of a gas-fired electric power generating plant sued the owner of the pipeline that supplied fuel to the plant for negligence in allowing interruptions in service and in delivering gas below contractual quality standards. The court held that Wolf Hollow could not assert its delivery and quality claims against Enterprise in an action for negligence, and though it could assert its quality claim against Enterprise through an assignment from El Paso, the damages it sought would be barred by the consequential damages waivers. Those waivers also precluded Wolf Hollow's recovery of plant damages from El Paso, but El Paso had not established that they precluded recovery of replacement-power damages. Because Wolf Hollow's replacement-power claim survived, the trial court's declaratory judgment was not moot. Accordingly, the judgment of the court of appeals was reversed, and the case was remanded to the court of appeals for further proceedings.