John B. Plunkett v. Justin Curtis Nall, Robert W. Nall and Olga L. Nall
374 S.W.3d 584
Tex. App.2012Background
- Plunkett was injured while attempting to prevent an intoxicated guest, Kowrach, from leaving the Nalls’ New Year’s Eve party.
- The Nalls hosted the gathering and required overnight stay for guests after midnight to prevent driving.
- The Nalls allegedly failed to enforce the rule, and they went to bed between midnight and 2:00 a.m.
- Plunkett asserted common-law negligence, negligent undertaking, and premises liability; Kowrach was not a party to this appeal.
- The Nalls moved for traditional summary judgment arguing no duty under social-host liability and separately on premises liability; the court granted on all but premises liability, which was later non-suited.
- The court ultimately reversed the summary judgment, holding the motion did not address the negligent-undertaking theory and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by granting summary judgment on a theory not addressed in the motion. | Plunkett argues the motion addressed negligent undertaking, not social-host liability. | Nalls contend the motion addressed social-host liability and negated any duty. | Yes, reversed and remanded; motion did not address negligent undertaking. |
Key Cases Cited
- Graff v. Beard, 858 S.W.2d 918 (Tex. 1993) (death or injury unrelated, no social-host duty recognized; supports no general duty)
- Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000) (duty may arise from undertaking to provide services under Restatement § 323)
- Jacobs v. Satterwhite, 65 S.W.3d 653 (Tex. 2001) (summary judgment movant must address the pleaded theory and its elements)
- Black v. Victoria Lloyds Ins. Co., 797 S.W.2d 20 (Tex. 1990) (motion for summary judgment must negate elements of the claim)
- Siegler (Centeq Realty, Inc. v. Siegler), 899 S.W.2d 195 (Tex. 1995) (burden shifts to nonmovant when movant negates an element)
- McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337 (Tex. 1993) (no-pleading-need to address implied claims in motion)