First Court Applies Section 95.003 Liability Shield to Utility Easements, Reversing $15.4 Million Contractor Injury Verdict

The Houston First Court of Appeals reversed a $15,466,597 jury verdict against CenterPoint Energy, holding that Texas Civil Practice and Remedies Code Section 95.003's heightened actual-knowledge standard applies to injuries sustained by independent contractor employees working on transmission poles located on utility easements. The court determined that public utility easements constitute "real property" and transmission poles are "improvements to real property" within the statute's scope, shielding property owners from common-law negligence liability absent actual knowledge of the dangerous condition.