Catholic Diocese of El Paso v. Porter

622 S.W.3d 824 (2021)

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Catholic Diocese of El Paso v. Porter

Texas Supreme Court
622 S.W.3d 824 (2021)

Catholic Diocese of El Paso v. Porter

Facts

San Lorenzo Church (the church), a member of the Catholic Diocese of El Paso (the diocese) (defendant) hosted an annual festival on church grounds. One year, as part of the festival, the church rented booth space to many third-party vendors, including the El Paso 4-H Leaders Association (4-H). The 4-H booth, which was staffed by volunteers, sold food, with all profits going to 4-H. The interior of the booth was accessible only to 4-H volunteers. The interior of the 4-H booth caught fire, and one adult and four teenage volunteers were injured. Rita Porter and other parents of the teenage volunteers (collectively, the parents) (plaintiffs) filed a premises-liability suit against the church via the diocese. A dispute arose as to whether the volunteers were invitees or licensees on the church property and, consequently, which duty of care applied. The trial-court jury concluded that the volunteers were licensees and that the church did not breach the duty owed to licensees. The court of appeals reversed, holding that the volunteers were invitees. The church appealed to the Texas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hecht, C.J.)

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