Texas Court Reverses Summary Judgment on Allegation of Continuing Duty

HOUSTON - A Trial court erred in granting summary judgment on statute of limitations grounds on a claim that a condominium association had a continuing duty to repair leaking walls, a Texas appellate court ruled July 7. Cannon v. University Trace Condominium Association, No. 14-03-00993-CV (Texas 14th Ct. App.).

However, Texas' 14th Court of Appeals affirmed summary judgment on Brenda S. Cannon's additional claims for negligence and gross negligence as time-barred.

Cannon first complained of water leaking into her unit shortly after moving into the University Trace Condominums in March 1993. She said she began having medical problems almost immediately, …