Harris v. Ebby Halliday Real Estate, Inc., 345 S.W.3d 756

May 2007, Harrises listed their Dallas home with Halliday Real Estate to sell 6322 Royalton Dr.; they owned two pit-bull type dogs that frequented the backyard; back yard fenced with three gates and locking mechanisms; access to backyard from the front required passing at least one locked gate; gates were typically locked except when lawn service attended; May 3, 2008, showing by Rosalie Nagy led to temporary removal of dogs by Harrises' son; dogs later escaped through an unsecured gate and injured a neighbor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Negligence duty and breach under traditional standard	Harris duty to exercise ordinary care breached by failing to secure property after showing	Halliday had no evidence of duty or breach under standard of care	Overruled; no-evidence grounds affirmed the negligence judgment on standard of care
No-evidence challenge to standard of care	Harris asserted duty and breach facts support standard of care	Halliday's no-evidence motion challenged duty, breach, and standard of care	Overruled; court affirmed on no-evidence grounds; issues resolved in favor of Halliday

Star-Telegram, Inc. v. Doe, 915 S.W.2d 471 (Tex.1995) (no basis for reversal if grounds not challenged on appeal)
D. Houston, Inc. v. Love, 92 S.W.3d 450 (Tex.2002) (elements of negligence: duty, breach, causation, damages)
Doe v. Boys Club of Greater Dallas, Inc., 907 S.W.2d 472 (Tex.1995) (standard of care determined by ordinary prudent-person standard)
Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex.2005) (de novo review of summary judgments; no-evidence standards)
Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex.2004) (no-evidence analysis prioritized)
Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex.2009) (no-evidence summary judgment mechanics)
Jones v. Hyman, 107 S.W.3d 830 (Tex.App.-Dallas 2003) (affirming judgment when movant bears burden; no-issue preservation)