In a recent Texas appellate decision, an appellate court considered a premises liability lawsuit in which a former tenant challenged a summary judgment dismissal. The case arose when the plaintiff leased a house in Texas from the defendants under a written lease. He claimed that in January 2013, he tripped and fell on the driveway because of broken and loose rocks in the driveway. He alleged he broke his back due to the fall.
He sued the property owners on the basis of negligence and asked for punitive damages based on gross negligence. The property owners filed for summary judgment, arguing that they didn’t owe a duty to their lessee unless they had written notice that a repair was needed, as required by the lease, and they didn’t owe a duty to warn the plaintiff because the disrepair in the driveway was open and obvious, or else the plaintiff knew about its condition for at least six months before his fall. Later, in a supplemental motion, they also claimed that the driveway wasn’t in the property description in their deed to the property, there was no evidence they controlled the driveway, and the plaintiff had failed to put forth evidence that the driveway presented an unreasonable risk of injury.
The plaintiff responded, stating that he knew of the defect but didn’t know of the specific stone that came loose at the end of the driveway. He also filed an untimely amended response. Summary judgment was granted.