Weekley Homes, LLC v. Paniagua (Per Curiam)
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The Supreme Court reversed in part the judgment of the court of appeals reversing in part the trial court's grant of summary judgment for Defendant in this negligence and premises-liability case arising from a fatal construction-site accident, holding that remand was required in light of recent opinion.
Plaintiffs sued Defendant for negligence, gross negligence, and premises liability. The trial court granted summary judgment for Defendant. The court of appeals reversed as to the negligence and premises-liability claims. The Supreme Court remanded the case, holding that, in applying the general rule and holding that Plaintiffs' petition could not constitute competent summary-judgment evidence, the court of appeals did not have the benefit of this Court's recent opinions in Regency Field Services, LLC v. Swift Energy Operating, LLC, 622 S.W.3d 807 (Tex. 2021) and Energen Resources Corp. v. Wallace, 642 S.W.3d 502 (Tex. 2022). The Supreme Court remanded this case for further consideration of the instant case in light of Regency and Energen and other subsequently issued opinions providing guidance on the legal issues presented.
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