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Date: 06-03-2024

Case Style:

Elida Ramirez De Marquez v. Home Depot U.S.A., Inc.

Case Number: 7:23-CV-453

Judge: Ricardo H. Hinojosa

Court: United States District Court for the Southern District of Texas (Hidalgo County)

Plaintiff's Attorney: Michael J. Cisneros and Arturo Cisneros

Defendant's Attorney: Amy Catherine Welborn, Taylor Ryan Yetter and Troy David Helling


McAllen, Texas personal injury lawyers Michael J. Cisneros and Arturo Cisneros represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

The following five elements may typically be required to prove negligence: The existence of a legal duty that theendant owed the plaintiff, Defendant’s breach of that duty, Harm to the plaintiff, Defendant’s actions are the proximate cause of harm to the plaintiff, and Defendant’s actions are the cause-in-fact of harm to the plaintiff.

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: Settled for an undisclosed sum and dismissed with prejudice.

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