Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 03-08-2023
Case Style:
Garbriel Xavier v. Home Depot USA, Inc.
Case Number: 4:21-cv-1603
Judge: Kenneth M. Hoyt
Court: United States District Court for the Southern District of Texas (Harris County)
Plaintiff's Attorney:
Defendant's Attorney: Ciara Rebecca PerritanoKathleen Marie Bell Bank, Jason R. Bernardt
Description: Houston, Texas personal injury lawyers represented Plaintiff who sued defendant on a premises liability theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of an accident in one of Defendant's stores.
This case was filed in the 164th JDC, Harrisa County, 21-22591, and was removed to federal court by the Defendant.
The owners of businesses owe a duty of due care to business invitees who come on the property to do business.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Kent Morlan on Torts
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: