Warren v. Medley
Court of Appeals of Texas
521 S.W.2d 137 (1975)
After hearing about go-go dancers, houseguest Reynolds (defendant) picked up Mrs. Warren (plaintiff) against her will and placed her on a glass table at host Medley's (defendant) home, urging her to dance; Medley knew the table could not hold an adult's weight but could not stop Reynolds, and the table broke, injuring Mrs. Warren with glass. The Warrens sued Medley and Reynolds; Medley won summary judgment based on Texas's gross-negligence standard for host-licensor liability, and the Warrens appealed, arguing the standard was evolving toward something lower in other states.
Whether a defendant's summary judgment motion should be denied where the facts do not support liability under the state's established law but the law is evolving toward a lower standard in other states.