Clark v. Randalls Food (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Alcala) (premises liability suit, spoilation of evidence claim rejected, video recording of incident not preserved) AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala 01-08-00732-CV Ralph Clark v. Randalls Food Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson Mullins v. Briarwick Condo Owners Ass'n (Tex.App.- Houston [14th Dist.] Nov. 24, 2009)(Brown) (premises liability, falling object) (hindrance of the discovery process justified a presumption her claims lacked merit, the trial court did test and consider lesser sanctions, the sanction was not too severe given the circumstances of the case, and the sanction was not based solely on litigant's failure to produce documents) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00129-CV Susan McGee Mullins v. Briarwick Condominium Owners Association, Inc and KRJ Management, Inc Appeal from 80th District Court of Harris County Trial Court Judge: LYNN M. BRADSHAW-HULL Lowe's Home Centers Inc. v. GSW Marketing, Inc. (Tex.App.- Houston [14th Dist.] Jun. 30, 2009 (op. by Guzman) (workplace safety, premises liability-store - falling merchandise, negligent activity and premises liability, premises defect, worker compensation subrogation) FFIRMED: Opinion by Justice Eva Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-00953-CV Lowe's Home Centers Inc & Natasha Tanner v. GSW Marketing, Inc. f/k/a Salesmaker, Inc. d/b/a CSA Services Southwest and Snow Mountain Construction, Inc Appeal from 333rd District Court of Harris County Trial Court Judge: JOSEPH J. HALBACH not go beyond the face of the record to test its reliability. Coastal Transp. Co., 136 S.W.3d at 233. The Kroger Co. v. Shaw (Tex.App.- Houston [1st Dist.] Jan 30, 2009)(Alcala) (premises liability lawsuit, JNOV, actual or constructive knowledge) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00030-CV The Kroger Company v. Betty Shaw and Robert Shaw Appeal from 149th District Court of Brazoria County Trial Court Judge: Hon. Robert E. May Trevino v. NVG North Village Green I Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Seymore) (premises liability, elevator malfunction) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00240-CV Oralia Trevino v. NVG North Village Green I Association, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Jacobson v. Ron (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Higley) (premises liability, demolition of building accident injury, no duty, actual knowledge) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00645-CV Bradley A. Jacobson v. Avi Ron and Delaney Construction Company Appeal from 11th District Court of Harris County Astolfo v. Hobby Lobby Stores, Inc. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft) (premises liability, store, falling objects) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala) 01-06-00486-CV Patricia Astolfo and Harry Astolfo v. Hobby Lobby Stores, Inc. Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Attorneys: Nuru Lateef Witherspoon, David L. Pacione Grayson v. Anselmo (Tex.App. - Houston [14th Dist.] Mar. 11 2008) (Brown) (premises liability, slip and fall, summary judgment for defendant affirmed) AFFIRMED: Opinion by Justice Brown 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop Appeal from County Civil Court at Law No 1 of Harris County Trial court judge: Hon. R. Jack Cagle Khan v. Hasan (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (premises liability, slip and fall claim AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00082-CV Shahnaz Khan v. Ferhat M. Hasan and Manzoor Hasan Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Elrod Lofton v. Marmaxx Operating Corp. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (premises liability, trip and fall case) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-01109-CV Debra Lofton v. Marmaxx Operating Corp., Individually and d/b/a T. J. Maxx Appeal from 113th District Court of Harris County (Judge Patricia Hancock) Vanderbeek v. San Jacinto Methodist Hospital (Tex.App- Houston [14th Dist.] Jan 31, 2008)(Frost) (workplace injury, premises owner liability) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00783-CV Gary Vanderbeek v. San Jacinto Methodist Hospital Appeal from 125th District Court of Harris County (Judge John A Coselli) Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft)(PI slip and fall) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00379-CV Elsa Garcia v. Packaged Ice, Inc., a/k/a Reddy Ice and Curtis Dean Bell, Individually and d/b/a Curtiss Dean Bell Distributing Company Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Clark v. Lowe's Home Centers, Inc. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Keyes) (PI, store premises liability) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00689-CV Billy Clark v. Lowe's Home Centers, Inc., d/b/a Lowe's of Tomball, TX, Store #1052 and Union Corrugating Company Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Kipp v. KBR (Tex.App.- Houston ]1st Dist.] Nov. 8, 2007)(Radack)(premises liability, NE-MSJ) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00906-CV Steven Kipp and Karen Kipp v. Kellogg Brown & Root Services, Inc. f/k/a Management Logistics, Inc., BRSP, Dyncorp Technical Services, LLC and Computer Science Corporation Appeal from 151st District Court of Harris County (Hon. Caroline Baker) Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft)(PI slip and fall) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00379-CV Elsa Garcia v. Packaged Ice, Inc., a/k/a Reddy Ice and Curtis Dean Bell, Individually and d/b/a Curtiss Dean Bell Distributing Company Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Wilson v. Braeburn Presbyterian Church (Tex.App.- Houston [14th Dist.] Nov. 27, 2007) (Opinion by Senior Justice Edelman, sitting by assignment) (premises liability, slip and fall) REVERSED AND REMANDED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00215-CV Johnnie Wilson v. Braeburn Presbyterian Church Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Urista v. Bed, Bath & Beyond (Tex.App.- Houston [1st Dist.] Oct. 18. 2007)(Alcala)(opinion on rehearing post-remand from Texas Supreme Court) (personal injury, PI, premises liability, jury issues) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-02-00150-CV Urista, Rafael v. Bed, Bath & Beyond, Inc. Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Fleming v. Astroworld (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Wilson)(premises liability suit) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Alcala and Hanks 01-06-00094-CV Sabrina Fleming a/n/f of Gregory Lawson and Gregory Lawson v. Astroworld, GP LLC Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) Bergman v. Minnie Martin Daugherty (Tex.App.- Houston [14th Dist.] Jul. 31, 2007)(Yates)(premises liability, theft) Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-01268-CV Pamela K. Bergman v. Minnie Martin Daugherty Appeal from 280th District Court of Harris County (Judge Tony Lindsay) - Affirmed Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(TTCA, premises defect) REVERSED AND DISMISSED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01096-CV Harris County v. Hollie Gerber Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Carpenter v. The Kroger Co. (Tex.App.- Houston [1st Dist.] Jun 14, 2007)(Nuchia)(op. on motion for rehearing)(premises liability) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00087-CV Suzanne S. Carpenter v. The Kroger Company and/or The Kroger Co. Appeal from 113th District Court of Harris County (Judge Patricia Hancock) Mathis v. Restoration Builders, Inc. (Tex.App.- Houston [14th Dist.] May 22, 2007)(Fowler) (negligence premises liability, negligence, res ipsa loquitur, causation, NE-MSJ] REVERSED AND REMANDED: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-00996-CV George Mathis, Jr. v. Restoration Builders, Inc Appeal from 215th District Court of Harris County (Judge Levi James Benton) Justice Edelman dissented in Mathis v. Restoration Builders, Inc. Carpenter v. The Kroger Co. (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(superseded opinion by Nuchia)[premises liability, summary judgment, spoliation] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00087-CV Suzanne S. Carpenter v. The Kroger Company and/or The Kroger Co. Appeal from 113th District Court of Harris County (Hon. Patricia Hancock) First Court of Appeals Dismisses Personal Injury Suit Against UH on Sovereign Immunity Grounds University of Houston v. De Luna (Tex.App. - Houston [1st. Dist.] Apr. 12, 2007)(Taft)(TTCA) [governmental entity, law, sovereign immunity, premises liability, discretionary function exception, plea to the jurisdiction] VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Taft (Before Justices Taft, Alcala and Bland) 01-06-00448-CV University of Houston v. Yvonne Michelle De Luna Appeal from 127th District Court of Harris County (Judge Sherolyn Wood) Choice v. Gibbs (Tex.App.- Houston [14th Dist.] Apr. 12, 2007)(Frost)(substituted opinion on rehearing) [summary judgment reversed, fact issue, PI, contractor, homeowner negligence, premises liabilty] REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01068-CV Willie Choice v. Richard A. Gibbs and Mary C. Edwards Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Herrington v. Cote (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft)(premises liability) |
| Slip & Fall and Premises Liability Cases from Houston Courts of Appeals Houston Opinions |
