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Texas Supreme Court hears dispute over contractors, "necessary-use" rule and a roofer's fall
Summary
At oral argument in JMI Contractors v. Medi (No. 240846), justices pressed counsel over whether a general contractor's directions transform a preexisting roof-edge hazard into negligent activity and whether the judge-made "necessary-use" exception should apply to independent contractors; counsel also debated admissibility of evidence the worker consumed alcohol and marijuana hours before his fall.
The Supreme Court of Texas heard argument in case no. 240846, JMI Contractors v. Medi, over whether a worker's fall from a two-story apartment roof created liability founded on a preexisting dangerous condition or on contemporaneous negligent activity tied to directions from the contractor.
In opening argument, counsel for the party seeking reversal framed three errors: legal sufficiency supporting the jury verdict, an allegedly incurable jury argument at closing, and erroneous exclusion of testimony about the worker's consumption of beer and marijuana earlier the same day. A justice asked counsel how to draw a line between an act that makes a situation more dangerous (negligent activity) and a preexisting hazard (premises liability).
Respondent counsel told the court…
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