Wood Smith Henning & Berman's Rio Grande Valley office secured a complete defense victory in a Texas premises liability action, obtaining summary judgment and dismissal with prejudice of all claims against its client. Associate Izabella Gutierrez-Salinas participated in oral argument on the motion for summary judgment, which the court granted in its entirety, relieving the client of any liability in the action.
The lawsuit arose from an alleged trip-and-fall incident at a residential property owned by a co-defendant. Plaintiff alleged that she sustained injuries while hosting an open house at the property and asserted negligence and premises liability claims against the firm's client, a real estate brokerage associated with the property through a standard listing agreement.
The defense established that the brokerage neither owned nor controlled the property, had no involvement in the open house, and did not provide plaintiff with access to the premises. Its connection to the property was limited to its role as the listing brokerage.
Relying on settled Texas premises liability law, the defense argued that the brokerage could not owe plaintiff a legal duty absent ownership or control of the premises. The court agreed, granting the summary judgment in full and dismissing both the negligence and premises liability claims against the client with prejudice.
"This case turned on a fundamental principles of premises liability law. Duty follows ownership or control," said Gutierrez-Salinas. "The evidence established that our client had neither. We were pleased to present a clear factual and legal record to the court and obtain a complete dismissal for the client."
The ruling eliminates the client's exposure in the action and brings its involvement in the litigation to an end.
"This result reflects the importance of identifying the dispositive issue early and building the record around it," said Rio Grande Valley Managing Partner, Melissa Osio Martinez. "Our team demonstrated that the client's limited role as listing brokerage did not translate into possession, control, or responsibility for the premises. We are proud of Izabelle's work at oral argument and our ability to secure a decisive result for the client."
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