3423492632 - 121PXT Time of Request: Wednesday, October 01,...

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121PXT Time of Request: Wednesday, October 01, 2008 19:39:23 EST Client ID/Project Name: xyz Number of Lines: 948 Job Number: 1822:116695202 Research Information Service: Natural Language Search Print Request: Current Document: 2 Source: Search Terms: palsgraf Send to: PARISH, JUDY 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165
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Page 2 5 S.W.3d 654, *; 1999 Tex. LEXIS 107, **; 42 Tex. Sup. J. 1159 2 of 59 DOCUMENTS MELLON MORTGAGE COMPANY, PETITIONER v. ANGELA N. HOLDER, F/ K/A ANGELA N. HAMILTON, INDIVIDUALLY AND A/N/F FOR NICHOLAS C. LASKE, RESPONDENT NO. 97-1187 SUPREME COURT OF TEXAS 5 S.W.3d 654; 1999 Tex. LEXIS 107; 42 Tex. Sup. J. 1159 January 12, 1999, Argued September 9, 1999, Delivered PRIOR HISTORY: [**1] ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS. DISPOSITION: Court of appeals' judgment reversed and judgment rendered that Holder take nothing. COUNSEL: FOR PETITIONER: Mr. Robert M. Schick, Vinson & Elkins, Houston, TX. Ms. Catherine B. Smith, Vinson & Elkins, Houston, TX. Ms. Kathleen A. Gallagher, Vinson & Elkins, Houston, TX. FOR RESPONDENT: Mr. Kenneth M. Morris, Morris & Campbell, Houston, TX. Mr. David A. Furlow, Morris & Campbell, Mr. John S. Brannon, Morris & Campbell, Houston, TX. Mr. Gene L. Locke, Mayor Day Caldwell Keeton, Houston, TX. Ms. Andrea Chan, Assistant City Attorney, Houston, TX. Ms. Laura Anne, Assistant City Attorney, Houston, TX. Ms. Elizabeth M. Revere, Assistant City Attorney, Houston, TX. JUDGES: JUSTICE ABBOTT delivered a plurality opinion, in which JUSTICE HECHT and JUSTICE OWEN join. JUSTICE ENOCH filed a concurring opinion. JUSTICE BAKER filed a concurring opinion. JUSTICE O'NEILL filed a dissenting opinion, in which CHIEF JUSTICE PHILLIPS and JUSTICE HANKINSON join. JUSTICE GONZALES did not participate in the decision. OPINION BY: GREG ABBOTT OPINION [*654] While driving late one night in the downtown Houston area, Angela Holder was stopped for an alleged traffic violation by Calvin Potter, an on-duty Houston police officer. Potter took Holder's insurance and identification cards and told her to follow his squad car. Holder followed Potter several blocks to a parking garage owned by Mellon Mortgage Company. Once inside the garage, Potter sexually assaulted Holder in his squad car. Holder sued Mellon and the City of Houston but did not sue her attacker. The trial court granted summary judgment for Mellon and the City on all of Holder's claims. The court of appeals affirmed the summary judgment in favor of the [**2] City on the basis of sovereign immunity. With regard to Holder's claims against Mellon, the court of appeals affirmed the summary judgment on Holder's negligence per se claim, but reversed on the negligence, gross negligence, and loss of consortium 1 claims. On petition for review to this Court, Mellon claims, among other things, that it owed no legal duty to Holder. Because we hold that it was not
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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3423492632 - 121PXT Time of Request: Wednesday, October 01,...

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