Sharyland Water Supply Corp. v. City of Alton, No. 09-0223, 2011 WL 5042023 (Tex. Oct. 21, 2011)
Oct 21, 2011OUTCOME: Court upheld judgment in excess of $1,000,000.00 for client
A water supply corporation sued a city and its third party contractors after the contractors installed sewer lines above portions of the corporation water system. A jury found that the city breached ... its contract with the water supply corporation and that the contractors were negligent. The court of appeals disagreed, rendering a take-nothing judgment against the water supply corporation, except as to its claim against the city for attorneys fees related to its declaratory judgment action. The Texas Supreme Court affirmed in part and reversed in part the court of appeals judgment concluding that the economic loss rule does not preclude a negligence claim against the contractors.