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PRACTICE AREA : Trial & Litigation

Premises & Employer Liability Matters: Representative Cases, Jury Trials & Reported Opinions

Individual vs. High Tech Company

This was a liability case that arose out of the removal of a tool from a chip manufacturing fab. The plaintiff was an employee of a contractor who contracted to remove the tool. Following a significant amount of discovery, this matter was resolved.

Individual vs. High Tech Company

This was a premises liability case that arose out of the collapse of an antenna tower that was being disassembled by a subcontractor of the general contractor. The plaintiff sued the owner of the premises. Following a reasonable amount of discovery, the trial court granted a summary judgment in favor of defendant. The plaintiff did not appeal.

Individual vs. Computer Manufacturer

This was a premises liability case that arose out of an injury sustained while an employee of a subcontractor was attempting to remove waste from a receptacle on the premises of the computer manufacturer. Following a reasonable amount of discovery, defendant filed a motion for summary judgment, and the case settled for a nominal amount.

Individual vs. Manufacturing Company

This was a premises liability case in which an employee of a shopping mall slipped and fell near the garbage dump in the mall's parking lot. After written discovery, the trial court granted a summary judgment against the plaintiff. The plaintiff did not appeal.

Individual vs. Austin Apartment Complex

This was a premises liability lawsuit that arose out of an alleged drive-by shooting at an apartment complex. The plaintiff was allegedly blinded as a result of a gunshot. According to the allegations, the apartment complex had numerous assaults and attempted burglaries prior to the alleged incident in question, and therefore the apartment manager had knowledge of an allegedly dangerous condition on the premises. After a significant amount of discovery, the matter was resolved.

Jury Trials

Individual vs. Apartment Complex

This was a premises liability lawsuit that arose out of an alleged sexual assault that occurred on the premises of an apartment complex. According to the allegations, the apartment complex had similar assaults and attempted burglaries prior to the alleged sexual assault in question, and therefore the apartment manager had knowledge of an allegedly dangerous condition on the premises. The trial lasted approximately three weeks. The pre-trial demand was $4.5 million, and the jury verdict resulted in a take-nothing judgment in favor of the defendant. The plaintiff did not appeal.

Individual vs. Downtown Austin Hotel

This lawsuit arose out of an alleged physical assault that occurred in the lobby of the hotel. According to the plaintiff, the assailant previously had been thrown out of the hotel bar for rowdy behavior, and therefore the hotel had knowledge of the character of the assailant. The trial lasted about three days. The jury returned a verdict in favor of the hotel. The plaintiff did not appeal.

Individual vs. Large Austin Homebuilder

This was a premises liability matter arising out of an accident that occurred on a construction site. The defendant was the owner of the premises. The plaintiff was injured when some steel columns collapsed, causing the plaintiff to fall from a height of about 20 feet. After five days of trial to a jury, the case settled for a nominal amount.

Reported Opinions

Guidry v. National Freight, 944 S.W.2d 807 (Tex. App.—Austin 1997, no writ). This case arose out of an alleged sexual assault by a truck driver employed by the insured, National Freight. Following his arrest for the rape in question, the rapist confessed to numerous other rapes up and down Interstate 35 between San Antonio and Dallas. The plaintiff alleged the employer was negligent in the hiring, supervision and retention of the truck driver. The trial court granted a summary judgment in favor of the defendant, and the plaintiff appealed. The appellate court affirmed the trial court’s summary judgment.

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