Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Debra Lehrmann
Allen Keller Co. v. Barbara Jean Foreman, et al.
from Gillespie County and the Fourth District Court of Appeals, San Antonio
granted on rehearing
For petitioner: Wade Crosnoe, Austin
For respondents: Randy Howry, Austin
The issue is whether a contractor working for a county owes a duty to protect the public from a danger created pursuant to a contract requiring absolute compliance. In this case a car in which Foremanís daughter was a passenger drove through a gap between a guardrail and an embankment Keller widened according to the countyís mandatory specifications. Foremanís daughter drowned when the car plunged into the river. The trial court granted summary judgment for Keller, but the court of appeals reversed.
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