In Baylor Scott & White v. Bostick, the Fifth Court reversed the trial court’s judgment due to errors in the jury charge regarding the definition of an invitee. The Court found that the trial court improperly included the “public invitee” component in the definition of an invitee, which is not recognized under Texas law. The correct definition, as established by the Texas Supreme Court, is that an invitee is “one who enters the property of another with the owner’s knowledge and for the mutual benefit of both,” with the requisite mutual benefit being a shared business or economic interest.

The Court went on to hold that the error in the jury charge was harmful because it related to a contested and critical issue—the plaintiff’s status as an invitee. The evidence was sharply conflicting on this point, and the improper definition let the jury find Bostick was an invitee based on the fact that he entered the hospital as a member of the public. No. 05-23-00606-CV, Dec. 6, 2024 (mem. op.).

The Fifth Court reversed in Monticello Asset Management, Inc. v. Wells, a case about unfortunate contact between a power line and a flagpole during construction work: “The families in this case suffered horrible losses. But Texas law strictly proscribes the liability of premises owners and occupiers for hazards created by the work activity of an independent contractor’s employees over which they had no control.” No. 05-22-00709-CV (Jan. 23, 2024) (applying Coastal Marine Serv. of Tex. v. Lawrence, 988 S.W.2d 223 (Tex. 1999)). A dissent argued that the majority characterized the accident too narrowly.