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Date: 11-02-2022

Case Style:

Socorro Olalde v. Fiesta Mart, L.L.C.

Case Number: 3:22-cv-01836

Judge: Sam A. Lindsay

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

Plaintiff's Attorney:

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Defendant's Attorney: Wayne Douglas Walters, III

Description: Dallas, Texas personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory
claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident in one of Defendant's stores.

This case was initially filed in the County Court at Law No 1 of Dallas County, TX, CC-22-03748-A, and was removed to federal court by Defendant.

Defendant objected to federal jurisdiction and sought remand.

The elements of a slip and fall case in Texas are:

The victim (i.e., plaintiff) was an invitee or licensee when the accident occurred.
The defendant was responsible for the property at the time of the accident.
An unsafe condition on the property created a risk of harm to the invitee or licensee.
Defendant was injured and/or damages.

Outcome: The court sua sponte remands this action to County Court at Law No. 1 of Dallas County, Texas, for lack of subject matter jurisdiction. (Ordered by Judge Sam A. Lindsay on 11/2/2022) (Attachments: # 1 Remand Letter) (svc) (Entered: 11/02/2022)

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