Dawn Moore and Christine Wood were successful in getting final dismissal via summary judgment for an apartment complex owner in a premises liability case filed in Brazoria County district court. Elderly female plaintiff claimed she fell as a result of a defective curve on the complex grounds. She alleged the fall resulted in severe injuries, including a torn muscle in her shoulder that required surgical intervention. Plaintiff was seeking damages for medical expenses, both past and future, disfigurement in connection with the surgical scarring, impairment due to the loss of movement in her arm, pain suffering, and mental anguish.
Ms. Moore and Ms. Wood argued to the court that after more than two years of litigation, Plaintiff failed to develop evidence in support of any of the elements of her cause of action. Moreover, dismissal was appropriate given the testimony secured during direct examination of the lack of notice or constructive notice by the apartment complex of the presence of an unreasonably dangerous condition. The court granted Defendant’s motion in all respects.
