James J. Flanagan Shipping Corp. appeals the trial court's rendition of a take-nothing judgment on its claims against Del Monte Fresh Produce N.A. Inc. The duty allegedly breached in this case ? the fiduciary duty owed by an agent to his principal ? did not arise from the contract. The duty breached existed independent of its contract with Del Monte. Accordingly, the economic loss rule does not apply. The trial court's judgment is reversed and rendered. Houston's 1st Court of Appeals, No. 01-11-00525-CV, 12-06-2012.
James J. Flanagan Shipping Corp. v. Del Monte Fresh Produce N.A. Inc.
Tex. App. Dist. 1
December 10, 2012