(DOWNLOAD) "Caldwell V. Curioni" by In the Court of Appeals Fifth District of Texas at Dallas * eBook PDF Kindle ePub Free
eBook details
- Title: Caldwell V. Curioni
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 07, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellants Warren and Laura Caldwell ("Caldwells") brought suit against appellee David Curioni for damages for personal injuries and property damage allegedly caused by the infestation of toxic mold in the house the Caldwells rented from Curioni. The trial court granted Curioni's motions for summary judgment pursuant to Texas Rule of Civil Procedure 166a(c) and 166a(i). The Caldwells assert seven issues on appeal. In issues one through four, the Caldwells assert that: 1) the trial court erred in granting Curioni's traditional summary judgment motion because Curioni failed to conclusively negate that he owed a duty to the Caldwells, 2) contributory or comparative negligence could not abrogate Curioni's duty to the Caldwells, and 3) an "as-is" provision in the lease did not bar the Caldwells' action against Curioni. In issues five through seven, the Caldwells assert the trial court erred in granting Curioni's no-evidence motion because the Caldwells presented evidence of genuine issues of material fact regarding: 1) whether Curioni breached his duty to the Caldwells, and 2) whether Curioni's breach of duty proximately caused the Caldwells' damages. Because we find Curioni failed to conclusively negate that he owed a duty to the Caldwells and that there were genuine issues of material fact regarding Curioni's breach of duty and causation of the Caldwells' damages, we reverse the judgment of the trial court and remand for further proceedings.