Date: 06-17-2024

Case Style: Gloria Martinez v. Walmart, Inc.

Case Number: 1:23-cv-00710

Judge: Susan Hightower

Court: United States District Court for the Western District of Texas (Travis County)

Plaintiff's Attorney:

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Defendant's Attorney: Nancy Griffin Scates and Brett Hermes Payne

Description:

Austin, Texas personal injury lawyers represented the Plaintiff who sued on a premises liability negligence theory.

This case was filed in the 455th Judicial District Court, Travis County, TX, D-1-GN-23-000068, and was removed to federal court by Walmart.

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).

Outcome: 06/17/2024 20 ORDER GRANTING 19 Motion for Summary Judgment and ORDERS that Plaintiff Gloria Martinezs claim against Walmart is DISMISSED WITH PREJUDICE. Signed by Judge Susan Hightower. (cc3) (Entered: 06/17/2024)
06/17/2024 21 FINAL JUDGMENT. Signed by Judge Susan Highto

Plaintiff's Experts:

Defendant's Experts:

Comments: