Opinion

Barton v. Whataburger, Inc.

  • 276 S.W.3d 456
  • 2009 Tex. App. LEXIS 1215
  • 2008 WL 2930114
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 13, 2009
Status
Published
Author
Bland
On the bench
Jane Bland
Cited by
42 cases

holding that employee’s two prior felony convictions for delivery of crack cocaine did not make his participation in violent robbery and murder on employer’s premises foreseeable to employer

How later courts described this case

  • holding that employee’s two prior felony convictions for delivery of crack cocaine did not make his participation in violent robbery and murder on employer’s premises foreseeable to employer
  • explaining danger is foreseeable if its general character might reasonably be anticipated, if not its precise manner
  • stating rule in context of criminal conduct

Written by the judges who cited it.

The opinion

ORDER ON MOTION FOR REHEARING EN BANC

JANE BLAND, Justice.

Appellant, Rose Barton, moved for en banc consideration. A majority of the Court voted to deny en banc consideration. It is therefore ORDERED that appellant’s motion is denied.

It is so

ORDERED.

Appellant moved for en banc consideration. See TexRApp. P. 41.2(c).

A majority of the Court voted to deny en banc consideration. See TexRApp. P. 49.7.

The en banc court consists of Chief Justice RADACK and Justices TAFT, JENNINGS, KEYES, ALCALA, HANKS, HIGLEY, BLAND, and SHARP.

*471 Justice JENNINGS, dissenting to the denial of en banc consideration, joined by Justices KEYES and Sharp.

Justice KEYES, dissenting to the denial of en banc consideration, joined by Justice SHARP.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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