Cassie Landrum, Individually, and as Personal Representative of the Estate of Jeffrey Landrum v. Three Aces Towing, Inc. D/B/A Three Aces Storage, 14-19-00409-CV

Jeffrey Landrum, a General Shelters driver, was unloading two portable storage buildings at 3 Aces Storage when a building fell on him and he died.
Dawn Hancock (3 Aces vice-president) assisted by pushing a corner of a building to the trailer's end; she later stopped assisting and Landrum was crushed while lowering the building alone.
Appellant (Landrum’s daughter and estate) sued General Shelters, Robert and Dawn Hancock, and 3 Aces for negligence, premises liability, and negligent undertaking.
Trial court granted summary judgment for Robert, Dawn, and 3 Aces; appellant later sought reconsideration/new trial after a consignment agreement was produced post-judgment.
The consignment agreement stated 3 Aces would “coordinate the delivery and set-up” of inventory; depositions disputed that this required unloading or hands-on assistance.
On appeal the court affirmed denial of reconsideration/new trial (consignment agreement not sufficiently material) but reversed summary judgment on negligent-undertaking, finding fact issues whether Dawn undertook a duty and increased risk or was relied upon; case remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused discretion by denying motion to reconsider/new trial based on consignment agreement	Consignment agreement imposed a contractual duty on 3 Aces to deliver/set up buildings; newly discovered evidence would likely change outcome	Agreement only required "coordinate" delivery/set-up; testimony shows no expectation 3 Aces would unload or supervise unloading	No abuse of discretion; trial court properly denied reconsideration/new trial
Whether 3 Aces owed a duty under negligent-undertaking when Dawn helped unload	Dawn voluntarily joined the unloading, undertook a duty of care, Landrum relied on her, and her withdrawal/inaction increased risk	Dawn only pushed about a foot and did not assume control; no reliance or increased risk attributable to 3 Aces; Robert was absent	Summary judgment reversed as fact issue exists whether Dawn’s assistance constituted an undertaking that increased risk or created reliance; remanded

Nall v. Plunkett, 404 S.W.3d 552 (Tex. 2013) (sets elements for negligent-undertaking liability)
Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000) (existence of duty is prerequisite in negligence)
Fort Bend Cnty. Drainage Dist. v. Sbrusch, 818 S.W.2d 392 (Tex. 1991) (undertaking may create liability if gratuitous or contractual and relied upon)
Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010) (standards for new trial based on newly discovered evidence)
Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844 (Tex. 2009) (summary judgment standard of review)