Patricia King v. ER OPCO Craig LLC D/B/A The Craig Senior Living

Summary

The Texas Seventh Court of Appeals affirmed summary judgment for ER OPCO Craig LLC in a premises-liability action arising from Patricia King's fall on an icy sidewalk. The court held that, even assuming the facility voluntarily undertook to clear the sidewalks, King established neither an increased risk of harm nor reasonable reliance under the negligent-undertaking doctrine. The court also concluded that the Texas Workers’ Compensation Act nonsubscriber issue did not affect the outcome because King failed to show that the facility breached a legal duty.

Holdings

1. A premises owner generally has no duty under Texas law to clear naturally occurring ice and snow, and The Craig did not breach a legal duty because the storm, rather than The Craig's conduct, created the icy condition.
2. Even assuming The Craig voluntarily undertook services necessary to protect King, King could not establish either required prong of negligent undertaking: that The Craig's failure to exercise reasonable care increased the risk of physical harm or that King was harmed because she reasonably relied on the undertaking.
3. The Texas Workers' Compensation Act nonsubscriber issue did not affect the outcome because King failed to establish that The Craig breached any legal duty.

Questions Presented

1. Whether The Craig breached a legal duty to King under premises-liability law by failing to clear naturally occurring ice and snow.
2. Whether The Craig assumed a duty under the negligent-undertaking doctrine by communicating that it would clear the sidewalks.
3. Whether The Craig's status as a Texas Workers' Compensation Act nonsubscriber prevented it from relying on King's awareness of the ice and snow to avoid liability.

Disposition

affirmed