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Todd v. Pin Oak Green

Because the appellants offered no summary judgment proof of any violent confrontations resulting from the alleged policy or violence of any nature that would have made the occurrence in question foreseeable to the appellees, the undisputed summary judgment proof establishes there was no basis for the appellees to have foreseen a dangerous situation that would be caused by any affirmative acts alleged by the appellants.

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OPINION

Lana Todd, the widow of Jefferson Todd, filed a negligence action concerning the death of her husband. She appeals from a take-nothing summary judgment rendered in favor of Pin Oak Green a/k/a Pin Oak Park and Gables Residential, Gables G.P., Inc., and Guardco, Inc.

Todd contends that the summary judgment was improper because she set out sufficient facts to establish that appellees owed a duty of care and that the harm caused by their negligent activity was foreseeable. In connection with the negligent activity claim, Todd alleged that the appellees undertook to direct her husband in a method of dealing with tenant disagreements, that the appellees did so negligently, and that Pin Oak’s direction to Todd was the cause of her husband’s death.

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