Congratulations to KD&P Partner, Kirk Pittard, who won a significant victory in the Texas Supreme Court. In a funeral home negligence case, the supreme court rejected the argument that a contract is required to impose a duty on a funeral home to not mishandle the body of a deceased person. Instead, the court concluded that there exists a common law duty to the deceased’s next of kin. Chief Justice Hecht wrote the opinion for a unanimous court. You can read the opinion in SCI Texas Funeral Services, Inc. v. Nelson here.
