No mandamus about RTP designation

Lovern sued Eagleridge Operating for injuries suffered in a gas line rupture. Eagleridge named Aruba Petroleum as a responsible third party; the Fifth Court found no abuse of discretion in striking that designation. The panel majority concluded that Aruba could not be liable based on the premises-liability analysis in Occidental Chemical v. Jenkins, 478 S.W.3d 640 (Tex. 2016). In re Eagleridge Operating, No. 05-19-01171-CV (Jan. 24, 2020) (mem. op.). A dissent reached a different conclusion, arguing that “[t]he majority opinion’s logic is flawed because it ignores the fact a person can simultaneously act in two different legal capacities that produce distinct legal rights and responsibilities.”