Calpine Prevails in Case

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HOUSTON, TX  (July 12, 2011) — The Fourteenth Court of Appeals (Texas) today affirmed a trial court's summary judgment ruling in favor of EMH client Calpine Corporation ("Calpine") in a premises liability case.  Calpine was the general contractor on a project to construct a power plant for Dow Chemical Company.  The plaintiff alleged that he was injured while working at the  construction site for an independent contractor hired by Calpine.  Calpine argued that, under Chapter 95 of the Texas Civil Practice and Remedies Code, it owed no duty to the plaintiff because it did not exercise control over his work and did not have knowledge of the premises defect that allegedly injured him.  The Court of Appeals held that Calpine owed no duty to the plaintiff.  The appellate court's opinion is significant because it clarifies that although Chapter 95 only explicitly applies to a "property owner," agents of the property owner (like Calpine) are also entitled to Chapter 95 protection.   See Echartea v. Calpine Corp., 14-10-00019-CV, 2011 WL 2684889  (Tex. App. - Houston [14th Dist.] July 12, 2011, no. pet.).

EMH attorneys Andrew Edison and Matt Matthews handled the successful appeal.