Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an appeal from a judgment in favor of the plaintiff in a personal injury case. We reverse the trial court‟s judgment and render judgment that appellee take nothing.

Appellee Nicholas Traxler sued appellant Entergy Gulf States, Inc. (“Entergy”) for personal injuries Traxler allegedly sustained when, while riding on top of a house that was being moved along a street in Bridge City, Texas, he made contact with a power line and fell from the top of the house. Traxler asserted causes of action for general negligence and negligence per se. Specifically, Traxler complained that Entergy was negligent per se because it violated section 181.045 of the Texas Utilities Code, that Entergy was negligent “in the construction, maintenance[,] and inspection of its line and pole” and that Entergy was “negligent in its instructions to local home movers.” See TEX. UTIL. CODE ANN. § 181.045 (Vernon 2007). Traxler did not assert that Entergy failed to properly warn of the known potential danger, and in his appellate brief, Traxler asserts that because “Entergy‟s liability is not based on a failure to warn[,] . . . Entergy‟s assertion [on appeal] that it has no duty to warn of known dangers is irrelevant to any issue in this case.”

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


African Legal Awards 2021

September 03, 2021

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


The Usclaims Philadelphia Team Is Growing!

Philadelphia, Pennsylvania, United States

Are you looking to get away from your desk and be part of a dynamic team? Do you seek work-life balance while still working in the legal fie...

Apply Now ›

Patent Prosecution Associate Attorney

Waterbury, Connecticut, United States

Carmody Torrance Sandak & Hennessey is seeking an associate attorney with at least 2 years’ experience to undertake patent prosecu...

Apply Now ›

Employee Benefits Associate

Philadelphia, Pennsylvania, United States

Duane Morris seeks an associate with 3-4 years of experience to join its Employee Benefits and Executive Compensation Group. Candidate shoul...

Apply Now ›



VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.

View Announcement ›



HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.

View Announcement ›



SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!

View Announcement ›