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Spohn Health System Corp. v. Silva

Supreme Court of Texas
Dec 4, 1997
960 S.W.2d 654 (Tex. 1997)

Summary

noting the unremarkable proposition that a person does not have control of “a non-owned premises merely because that person owns the adjacent property”

Summary of this case from Cohen v. Landry's Inc.

Opinion

No. 97-0848.

December 4, 1997.

Appeal from the 117th District Court, Nueces County, Robert M. Blackmon, J.

Carlos A. Mattioli, Corpus Christi, for Petitioner.

Jerry Joel Trevino, Thomas M. Schumacher, Corpus Christi, for Respondent.


Opinion


We deny Spohn's application for writ of error because Spohn failed to present conclusive summary judgment proof that the attack in question occurred off its property. Since this was the only ground Spohn presented, summary judgment was improper on this record. However, we note the court of appeals held:

The very proximity of the curb upon which [Silva] was stabbed to [Spohn's] property raises a factual issue as to [Spohn's] power to control and expel third-party wrongdoers.

951 S.W.2d at 96. We disapprove of this holding and the opinion to the extent that it implies that under Texas law a person has control of non-owned premises merely because that person owns the adjacent property.

HANKINSON, J., not sitting.


Summaries of

Spohn Health System Corp. v. Silva

Supreme Court of Texas
Dec 4, 1997
960 S.W.2d 654 (Tex. 1997)

noting the unremarkable proposition that a person does not have control of “a non-owned premises merely because that person owns the adjacent property”

Summary of this case from Cohen v. Landry's Inc.

disapproving language in court of appeals's decision to extent it implied person has control of non-owned premises merely because that person owns adjacent property

Summary of this case from Coleman v. Equitable Real Estate Investment Management, Inc.
Case details for

Spohn Health System Corp. v. Silva

Case Details

Full title:SPOHN HEALTH SYSTEM CORPORATION d/b/a Spohn Hospital, Petitioner, v…

Court:Supreme Court of Texas

Date published: Dec 4, 1997

Citations

960 S.W.2d 654 (Tex. 1997)

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