The plaintiff appeals an adverse summary judgment in this case alleging premises liability. The argument that Chapter 95 does not apply unless the contractor is an expert or the work is inherently dangerous grafts limitations on the application of Chapter 95 that are not found in the statutory language. The argument Chapter 95 will not apply unless the defendant shows that the plaintiff was constructing, repairing, renovating, or modifying the exact portion of the improvement which caused the plaintiff's injury or death is rejected. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-12-00070-CV, 08-07-2013.
Montoya v. Nichirin-Flex U.S.A., Inc.
Tex. App. Dist. 8
August 20, 2013