Date: 04-15-2024

Case Style:

Minerva Singer v. Ross Dress for Less, Inc.

Case Number: 3:23-cv-00428

Judge: Barbara M. G. Lynn

Court: United States District Court for the Northern District of Texas (Dallas County)

Plaintiff's Attorney: Drew Tackett and Ryan Boyer

Defendant's Attorney: Fernando P. Arias and Andrea Michelle Hunter

Description: Dallas, Texas personal injury slip and fall lawyers represent the plaintiff who sued on a premises liability theory.

This case was filed in the 44th District Court, Dallas County, Texas, DC-23-00826, and was removed to federal court by Ross Dress for Less, Inc.

A premises liability action is a form of “negligence” based on a
premises defect theory. The elements to establish a premises
liability claim are different than those of a traditional negligence
claim. The claim must arise out of a condition of the premises.
“Negligence requires a duty, a breach of that duty, proximate cause
and damages. H. E. Butt Grocery Co. v. Warner, 845 S.W. 2d
258, 260 (Tex. 1992); Western Invs., Inc. v. Urena, 162 S.W. 3d
547, 550 (Tex. 2005).

The nature of the duty owed is determined by the status of the
injured person. ixon v. Mr. Property Mgmt. 690 S.W.2d 546
(Tex. 1985).

Invitee: An invitee is a person who is on the premises at
the express or implied invitation of the possessor of the
premises and who has entered thereon either as a member
of the public for a purpose for which the premises are held
open to the public or for a purpose connected with the
business of the possessor that does or my result in their
mutual economic benefit.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: