In its opinion issued on June 26, 2026, the Supreme Court of Texas reversed a judgment against JMI Contractors, LLC and rendered a take-nothing judgment in JMI’s favor. Scott Douglass & McConnico LLP and Chamberlain McHaney, PLLC represented JMI on appeal. Partner Kennon Wooten argued the appeal for JMI before the Supreme Court of Texas.

The case arose from a workplace accident in which an independent contractor was injured after falling from the flat roof of an apartment building under repair. A jury found the general contractor, JMI, liable and awarded over $4.6 million in damages. The trial court rendered judgment on the jury’s verdict, and the court of appeals affirmed. The Supreme Court of Texas reversed, holding in part that an independent contractor cannot assert the necessary-use exception to the general rule that there is no duty to make safe open and obvious dangers. The Court reasoned in part that, unlike ordinary citizens with no special knowledge or skills, independent contractors are uniquely situated to assess how best to mitigate the obvious risks associated with premises defects. The Court also held that the plaintiff’s general negligence claim, which prevailed at the trial court and the court of appeals, failed because the gravamen of that claim sounded in nonfeasance as opposed to malfeasance. A concurring opinion emphasized that the decision does not alter the separate duty that may arise when a party retains control over the manner in which an independent contractor performs their work.

The decision is an important clarification of Texas premises-liability law and underscores the firm's strength in handling high-stakes appeals before Texas's highest civil court.