Trammell Crow Central Texas, Ltd. v. Maria Gutierrez, Individually and as Representative of the Estate of Luis Gutierrez; and Karol Ferman as Natural Parent and as Next Friend of Luis Angel Gutierrez

Summary

The Texas Supreme Court considers whether a premises owner owed a duty to protect a patron from a third party’s criminal attack at the Quarry Market. The concurrence agrees that Trammell Crow owed no duty, but reasons that the risk was not unreasonable and that imposing a duty would create excessive burdens on premises owners. It emphasizes balancing foreseeability, risk, likelihood of injury, and the consequences of requiring preventive security measures.

Holdings

1. The concurrence would hold that Trammell Crow owed Gutierrez no duty to prevent the attack because, although the prior crimes may have made a robbery and murder foreseeable, the risk was not unreasonable in light of the limited number and nature of prior incidents and the extraordinary burden of preventing such attacks.

Questions Presented

1. Whether the premises owner owed a duty to protect Gutierrez from a third party's criminal attack.
2. Whether the duty analysis should consider only foreseeability or should also balance the risk, likelihood of injury, and burdens and consequences of imposing a protective duty.

Disposition

other