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“Texas Supreme Court Finds for Plaintiff”

On Friday the Texas Supreme Court upheld a 1.4 million dollar verdict as a result of a fight that occurred in 2001 at the Del Lago Resort & Conference Center in Conroe, Texas. The issue before the Court was whether the resort owed the plaintiff a duty to prevent a major fight from breaking out after nearly 90 minutes of tension between two groups of men. The court held that the bar had a duty to protect their patrons in this specific situation because of the length of time prior to the fight happening and the knowledge of bar employees that a fight was likely to occur. As usual, Justices Hecht, Johnson and Wainwright dissented and would have found in favor of the defendant and rendered a take nothing judgment. It appears the biggest complaint these Justices have is that the plaintiff was aware that a fight might break out and did not leave the bar. However, the majority points out that the jury weighed this evidence and found the plaintiff 49% responsible for the event and his injuries. In this case, the jury system did its job and finally the Court left it alone.

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