Justin Curtis Nall, Robert W. Nall, and Olga L. Nall v. John B. Plunkett
404 S.W.3d 552
Tex.2013Background
- Plunkett sued Justin Nall, Robert Nall, Olga Nall, and Kowrach for injuries from a New Year’s Eve party at the Nalls’ home.
- Plunkett alleged negligent-undertaking and premises liability; the Nalls moved for summary judgment on duty, arguing no duty existed.
- Trial court granted summary judgment on all claims except premises liability, which was nonsuited; the case was severed from Kowrach.
- The court of appeals reversed, holding the motion did not address the negligent-undertaking theory.
- The Texas Supreme Court held the Nalls’ motion did address the negligent-undertaking duty and that Graff forecloses any social-host undertaking duty; Plunkett waived merits review; the court reversed and reinstated the trial court’s judgment.
- The decision focused on procedural adequacy of the summary judgment grounds rather than merits on the negligent-undertaking theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nalls were entitled to summary judgment on negligent-undertaking duty | Nalls failed to address the undertaking theory in their motion | Graff forecloses the social-host undertaking duty | Yes; Graff forecloses undertaking duty and supports summary judgment on that theory |
| Whether Graff forecloses the assumption of any duty by a social host | Plaintiff relies on social-host duties | Graff rejects assumed undertakings by social hosts | Graff forecloses the assumption of a social-host undertaking duty |
| Whether Plunkett properly preserved merits-based objections; whether remand was appropriate | Merits-based questions should be reviewed | Only procedural grounds were argued; merits not preserved | Plunkett waived merits review; court remands/no merits decision necessary |
Key Cases Cited
- Graff v. Beard, 858 S.W.2d 918 (Tex. 1993) (undertaking duty not recognized for social hosts; Graff forecloses undertaking duty)
- Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000) (negligent-undertaking submissions require specific instructions)
- Osuna v. S. Pac. R.R., 641 S.W.2d 229 (Tex. 1982) (duty arising from undertaking to perform services for protection)