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State's high court removes landowner liability in trespassing case
Those hurt, killed trespassing may have no grounds to sue, court saysThe Texas Supreme Court ruled Friday that landowners may not be liable to trespassers who are injured or killed on private property, so long as the property owners do not act overly aggressive toward the intruders.
The decision came in a 7-year-old case involving three immigrants who were killed as their smuggler crossed a ranch in Brooks County to avoid a U.S. Border Patrol checkpoint near Falfurrias.
The high court affirmed a trial court ruling and threw out a wrongful death suit against Mestena Uranium LLC and its security guard, Philip Boerjan. The justices left claims against Mestena Operating LLC and Mestena Inc., and sent the matter back to state court for a possible trial.
Each pair of defendants made separate arguments seeking dismissal.
More at http://www.houstonchronicle.com/news/houston-texas/houston/article/State-s-high-court-removes-landowner-liability-in-5585631.php (subscription required).
