SPOHN HEALTH SYSTEM CORP. v. Silva

Texas Supreme Court

SPOHN HEALTH SYSTEM CORP. v. Silva

960 S.W.2d 654, 41 Tex. Sup. Ct. J. 149, 1997 Tex. LEXIS 120, 1997 WL 751567

CourtTexas Supreme Court

DecidedDecember 4, 1997

Docket97-0848

StatusPublished

Cited by7 cases

This text of 960 S.W.2d 654 (SPOHN HEALTH SYSTEM CORP. v. Silva) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

SPOHN HEALTH SYSTEM CORP. v. Silva, 960 S.W.2d 654, 41 Tex. Sup. Ct. J. 149, 1997 Tex. LEXIS 120, 1997 WL 751567 (Tex. 1997).

Pincite

Opinion

Per Curiam

We deny Spohn’s application for writ of error because Spohn failed to present conclusive summary judgment proof that the attack in question occurred off its property. Since this was the only ground Spohn presented, summary judgment was improper on this record. However, we note the court of appeals held:

The very proximity of the curb upon which [Silva] was stabbed to [Spohn’s] property raises a factual issue as to [Spohn’s] power to control and expel third-party wrongdoers.

951 S.W.2d at 96. We disapprove of this holding and the opinion to the extent that it implies that under Texas law a person has control of non-owned premises merely because that person owns the adjacent property-

HANKINSON, J., not sitting.

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Opinion

Per Curiam

We deny Spohn’s application for writ of error because Spohn failed to present conclusive summary judgment proof that the attack in question occurred off its property. Since this was the only ground Spohn presented, summary judgment was improper on this record. However, we note the court of appeals held:

The very proximity of the curb upon which [Silva] was stabbed to [Spohn’s] property raises a factual issue as to [Spohn’s] power to control and expel third-party wrongdoers.

951 S.W.2d at 96. We disapprove of this holding and the opinion to the extent that it implies that under Texas law a person has control of non-owned premises merely because that person owns the adjacent property-

HANKINSON, J., not sitting.

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Bluebook (online)

960 S.W.2d 654, 41 Tex. Sup. Ct. J. 149, 1997 Tex. LEXIS 120, 1997 WL 751567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spohn-health-system-corp-v-silva-tex-1997.

Opinion

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