Thompson Coe Attorneys Obtain Favorable Judgment in Foreman v. Allen Keller Co.

April 15, 2011

The Supreme Court of Texas issued its opinion this morning in this premises liability wrongful death case. The court reversed the court of appeals' judgment and rendered judgment for our client, Allen Keller Company, a general contractor who was hired by Gillespie County to build a pilot channel next to a county bridge. The court held that Allen Keller Co. had no duty to correct the dangerous condition allegedly created by its work because its contract with the country required strict compliance with the engineering plans and those plans did not call for the work that supposedly would have made the premises safe--extending the existing guardrail next to the bridge to cover a gap created by the construction of the pilot channel. The court also concluded that Allen Keller had no duty to warn either the public or the property owner because it was not in control of the premises at the time of the accident and the property owner was well aware of the condition of the premises.

Wade Crosnoe, the head of the firm's Appellate Practice Group, was lead counsel for the appeal and argued the case in the Supreme Court of Texas. Catherine Faubion also worked on the appeal. Jeff Otto and Tasha Barnes represented Allen Keller Co. In the trial court and obtained a summary judgment that was reversed by the Fourth Court of Appeals and then appealed to the Supreme Court of Texas.