Jeff Kershaw, Jarad Kent and Alison Williams recently obtained a summary judgment resulting in the complete dismissal of all claims against a multi-state equipment rental services company in a premises liability case filed in District Court in Collin County, Texas. Mr. Kershaw and Mr. Kent successfully argued that Plaintiff’s claims were barred as a matter of law because there was no unreasonably dangerous condition present on the premises.
The Plaintiff had attempted to argue that the muddy field in which she had slipped, along with the metal stairs on which she was injured, were unreasonably dangerous. The Court properly found that under Texas law naturally occurring conditions such as a muddy field due to rain, along with standard stairs, are not unreasonably dangerous conditions. All of the Plaintiff’s claims against the equipment rental services company were dismissed.