Dutcher v. Owens

Dutcher (defendant) owned a condominium unit leased to Owens (plaintiff); a fire caused by defective insulation on a common-area light fixture destroyed Owens's property. Owens sued Dutcher, the condominium and homeowners' associations, the electrical installer, and the developer; the trial court held Dutcher liable only in proportion to his percentage ownership interest in the common areas, but the appellate court held all common-element owners, including Dutcher, jointly and severally liable for the full damages. Dutcher sought Texas Supreme Court review.