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Dutcher v. Owens

Supreme Court of Texas
647 S.W.2d 948, 26 Tex. Sup. Ct. K. 289 (1983)


Dutcher (defendant) owned a condominium unit that he leased to Owens (plaintiff). A fire resulting from defective insulation of a light fixture in the common area of the condominium complex destroyed property owned by Owens. Owens filed suit for damages against Dutcher, the condominium association, the homeowners’ association, the electric company that installed the light fixture, and the condominium developer. The trial court found Dutcher liable for damages in proportion to his percentage of ownership in the common areas. Owens appealed and the appellate court concluded that joint and several liability attached to Dutcher and all other owners of interests in the common elements of the condominium. Dutcher petitioned the supreme court for review.

Rule of Law


Holding and Reasoning (Ray, J.)

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