Question
BRAND NEW CASE FROM THE TEXAS SUPREME COURT: Fredericksburg, TX! Brown recluse spider! Duty to Warn! Duty to Invitee! Knowledge of potential harm by invitee!
BRAND NEW CASE FROM THE TEXAS SUPREME COURT: Fredericksburg, TX! Brown recluse spider! Duty to Warn! Duty to Invitee! Knowledge of potential harm by invitee! Did you know some spiders are dangerous?! So many questions that our Texas Supreme Court recently addressed. Argued January 9, 2020 and opinion of the court delivered March 13, 2020. First, listen to oral argument: Go to this website (NEW LINK) http://www.texasbarcle.com/CLE/SCPlayer5.asp?sCaseNo=18-1065&bLive=&k=&T= (Old link - not currently working) http://www.search.txcourts.gov/Case.aspx?cn=18-1065&coa=cossup Go down to "Case events." Find: 1/9/20 Oral argument Argued on behalf of petitioner by William David Farmer; Argued on behalf of respondent by Cory Smith [ MP3/71.95 MB ] Click on the audio link and listen. Second: Read the opinion of Texas Supreme Court - see PDF I have posted No. 18-1065 HOMER HILLIS, PETITIONER, v. HENRY MCCALL, RESPONDENT Two-page write up on the case for the court proceeding extra credit point. Submission by uploading file. Discuss the care and what you think the most important issues and arguments were. What is the duty of a landowner to an invitee regarding the risk potential injury by a wild animal to an invitee in Texas? Two points: Liability for wild animals & duty to invitees for dangerous conditions of property - Court is putting them together and explaining the law. What is a legal precedent? What cases does the court cite as precedence in this situation? How is a mosquito different from a spider? (one of the justices asked this question!) What is your opinion?
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