Congratulations to Dana Levy, and trial counsel Jason Stephens, on successfully defeating a mandamus petition filed in the Dallas Court of Appeals, seeking relief from the trial court’s striking of a responsible third party designation. The defendant, an owner of a gas facility where our client was injured, tried to designate and assign blame to a former minority-interest owner and contract-operator of the property. The court of appeals held that the minority owner, who sold its interest in the premises to the majority owner prior to the personal injuries at issue, owed no duty to the injured plaintiff because, under premises-liability principles, any such duty passed to the majority owner when its interest was sold. You can read Dana’s briefing here and the court’s majority opinion here.
