Sweeny site, Union Pacific’s contract mowers never came to mow the tall grass and weeds that surrounded the track and equipment. Dr. Murray testified that the mosquitoes that are most responsible for the transmission of West Nile virus—Culex mosquitoes— nest in dark, damp places. She also testified that they can nest in high grass and weeds. Dr. Murray testified that although the Culex mosquito typically lies dormant in the heat of the day, “if it’s disturbed in the heat[,] it would probably leave its resting place.” In short, there was evidence that the tamper’s state of disrepair allowed mosquitoes to both enter and/or nest in the cab. The high grass and weeds at the worksite, which were .never mowed in the four months that Nami’s crew wo , (Tex.App.Houston [1st Dist.] 2007, no pet.) (<HOLDING>). Nami’s case is clearly distinguishable.
holding that a grocery store employer had no duty to warn an employee that placing his hand in the doorjamb of a customers car is an obvious danger holding that a restaurant supply employer had no duty to warn a delivery truck driver employee of the danger associated with water on a floor because that is a commonly known hazard and obvious to everyone holding that an organization had no duty to warn of potential danger from sexual abuse of one of its volunteers where injured child was not associated with organizations programs holding there is no duty to warn of risks obvious to the average user of the product holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger