Nadeen Abou-Hossa Presents Oral Argument Before the Texas Supreme Court

Chiscano Hossa & Calve, PLLC is proud to share that partner Nadeen Abou-Hossa presented oral argument before the Supreme Court of Texas in JMI Contractors, LLC v. Medellin (No. 24-0846).

The case arises from a catastrophic workplace fall at a two-story apartment complex project in San Antonio. A Bexar County jury found the general contractor liable for negligence, premises liability, and gross negligence after evidence showed that roofing work proceeded without required fall-protection measures. The jury returned a unanimous verdict assigning 100% responsibility to the contractor and awarding both compensatory and exemplary damages.

On appeal, the Fourth Court of Appeals affirmed the judgment in full. The case is now before the Texas Supreme Court, where the central issues include:

• Whether this case properly sounds in negligent activity, premises liability, or both—where the jury found that the general contractor retained and exercised control over jobsite safety—and whether a general judgment must be affirmed when the jury returned separate findings supporting each theory;

• Whether the necessary-use exception should continue to apply to independent contractors; 

• Whether the exclusion of certain evidence regarding alleged substance use in the form of lay deposition testimony constituted harmful error; 

• Whether statements made in closing argument constituted “incurable” jury argument despite the absence of a contemporaneous objection; and

• Whether the record supports the jury’s gross negligence finding.

  
  

Nadeen argued on behalf of the respondent in defense of the jury’s verdict and the court of appeals’ decision. The case presents significant questions regarding contractor control, workplace safety obligations, and the preservation of jury findings supported by legally sufficient evidence.

This argument reflects the kind of sustained trial-to-appeal partnership our firm values. Trial counsel secured a hard-fought jury verdict. Appellate counsel defended that verdict through post-trial proceedings, rehearing in the court of appeals, and now before the State’s highest civil court.

We are honored to stand alongside trial counsel and to advocate for the preservation of a jury’s findings after years of litigation.

You can watch the Texas Supreme Court oral argument here:https://youtu.be/eQ7bzhPZlZc?si=EXicLYgYHYnty93W