Dissent.pdf

2016-05-13.boyd.pdf
Preview of Dissent
🔗 Source: docs.texasappellate.com
📊 Size: 255 KB
📄 Pages: 11 pages
⬇️ Downloads: 121

Summary

Philadelphia Indemnity Insurance Company, on behalf of Mirsan, L.P., d/b/a Sienna Ridge Apartments, petitioned the Supreme Court of Texas for review of a case involving a fire that caused $83,000 in damages to an apartment rented by Carmen A. White. The lease required White to repair damages not caused by the landlord's negligence or fault. The Texas Property Code requires landlords to repair conditions affecting tenants' physical health and safety, unless the condition was caused by the tenant. The court must decide whether the lease provision is enforceable and who bears the burden of proving whether White caused the fire. Justice Boyd dissents, arguing that the landlord has the burden to prove White caused the fire, and since the jury did not find her negligent, the lease provision is unenforceable under the Property Code.

Description

Philadelphia Indemnity Insurance Company, on behalf of Mirsan, L.P., d/b/a Sienna Ridge Apartments, petitioned the Supreme Court of Texas for review of a case...

Technical Information

  • File Format: PDF
  • File Size: 255 KB
  • Pages: 11
  • Language: EN
  • Total Downloads: 121
  • Last Updated: 6 days ago

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