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Summary Judgment Secured for Apartment Complex Owner in Premises Liability Lawsuit

Brian Rawson and Roy McKay were successful on summary judgment while defending an apartment complex owner in a premises liability lawsuit filed in Travis County, Texas. The case involved allegations that the apartment complex knew or reasonably should have known of a dangerous condition in the landscaping on its premises, which caused Plaintiff to fall and injure herself.

Plaintiff was a resident of an apartment complex owned and operated by Hartline Barger’s client. She alleged that as she was walking her dogs, she fell on the premises, which caused her to suffer a fracture to her ankle. Plaintiff sought over $200,000.00 from the premises owner.

On August 27, 2019, after a hearing on Defendant’s Motion for Summary Judgment, the Court found that Plaintiff had not presented any evidence of a dangerous condition on the premises that Hartline Barger’s client knew or reasonably should have known existed. Accordingly, the Court dismissed all of Plaintiff’s claims against the premises owner.

SOURCE: Official court documents and attorneys for the defense from Hartline Barger LLP

CAUSE/CASE NO: D-1-GN-19-000193

Judge: Tim Sulak

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