East Texas Theatres, Inc. v. Voyles
445 S.W.2d 538 · Court of Appeals of Texas · 1969
Facts
Sheila Rutledge Voyles, a patron at Paramount Theatre's midnight show, was struck on the head by a whiskey bottle thrown from the balcony by an unknown person. The jury found the theatre negligent for failing to remove rowdy patrons, which was a proximate cause of her injuries, and awarded her damages. The theatre appealed, arguing there was no evidence to support the jury's findings.
Issue
Was there sufficient evidence to support the jury's findings that the theatre was negligent in failing to control rowdy patrons and that this negligence was the proximate cause of the plaintiff's injuries, given the theatre's prior knowledge of such conduct?
Holding
The appellate court affirmed the trial court's judgment, holding that there was sufficient evidence of probative force to support the jury's findings of negligence and proximate cause, and that these findings were not against the great weight and preponderance of the evidence.
Rule
A proprietor of a public amusement place owes a duty of ordinary care to protect patrons from the wrongful acts of third parties if the proprietor knew or had reasonable grounds to anticipate such acts, including controlling the conduct of third persons or providing warnings.
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