Mendez v. Knights of Columbus Hall

CADENA, Justice

(dissenting).

Without attempting to explore the niceties of the distinction made between an “invitee” and a “licensee,” I would reverse the judgment of the court below. The pleadings, together with the summary judgment "evidence” as outlined in the ma*33jority opinion, clearly disclose the existence of a material fact issue as to whether or not plaintiff’s injury was caused by a hidden defect, known to the occupier of the premises. Even that legal outcast, the “mere licensee,” is entitled to be warned of the existence of such a condition. Gonzalez v. Broussard, 274 S.W.2d 737 (Tex. Civ.App.,—San Antonio, 1955, writ ref’d n. r. e.). The possessor of land “is under an obligation to disclose to the licensee any concealed dangerous condition of the premises” of which the possessor has knowledge. Prosser, Torts, § 60, p. 390 (3rd ed. 1964).