The WSHB Rio Grande Valley office secured a complete defense victory with associate Anna Palacios obtaining summary judgment on behalf of an owner-manager of apartment homes in a premises liability action pending in Tarrant County, Texas.
The case arose from plaintiff's claim that she slipped and fell on ice in the parking lot of an apartment property managed by the client, sustaining a fractured ankle. Plaintiff alleged in her petition that the incident occurred on February 13, 2022.
A careful review of plaintiff's certified medical records, however, revealed a critical discrepancy in the timeline. The records established that plaintiff's injury actually occurred on February 6, 2022, and that she received treatment for the ankle fracture on February 8 and February 10, 2022, before the date on which she claimed the incident occurred.
That discrepancy proved dispositive. Because plaintiff did not file her lawsuit on February 12, 2024, Palacios argued her claims were barred by Texas' two-year statute of limitations. Relying on the certified medical records, the defense moved for traditional summary judgment and sought dismissal of the action in its entirety.
The court agreed, granting WSHB's motion for summary judgment in full, dismissing all claims with prejudice, and entering a take-nothing judgment against plaintiff.
"This result demonstrates how a close examination of the underlying record can change the entire trajectory of the case," said Palacios. "The certified medical records established a timeline that could not be reconciled with the allegations in the petition. Once that evidence was before the court, we were able to show that the claims were filed outside the applicable limitations period and that our client is entitled to judgment as a matter of law."
The victory marks another strong result for the Rio Grande Valley office and underscores the firm's focus on identifying potentially dispositive issues early and developing the evidentiary record necessary to resolve claims efficiently.
"Anna's attention to detail was instrumental in achieving this result," said Rio Grande Valley Managing Partner Melissa Osio Martinez. "Rather than accepting the pleaded timeline at face value, she dug into the medical evidence and identified an issue that ultimately disposed of the entire case. It is an excellent example of the thoughtful, disciplined advocacy our attorneys bring to every matter."
The judgment brings the litigation against the client to a complete conclusion, with plaintiff taking nothing on her claims.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
