# Barton v. Whataburger, Inc.

> Texas Court of Appeals, 1st District (Houston) · February 13, 2009 · 276 S.W.3d 456

URL: https://www.frixlaw.com/law-library/cases/9633108

## Case

- **Full name:** Rose BARTON, Individually and as Personal Representative of the Estate of Christopher Martin Dean, Appellant, v. WHATABURGER, INC., Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** February 13, 2009
- **Citations:** 276 S.W.3d 456; 2009 Tex. App. LEXIS 1215; 2008 WL 2930114
- **Precedential status:** Published
- **Opinion:** On rehearing by Bland
- **Judges:** Jane Bland
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9633108

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9633108. Public record. Not legal advice.