NonsubscriberThe U.S. 5th Circuit Court of Appeals Affirms District Court Granting Summary Judgment in Favor of Fee, Smith & Sharp’s Client in Texas Nonsubscriber Case.

09/06/2022by Thomas Fee
Texas trial lawyer construction case

On September 2, 2022, Senior Partner Jeff C. Wright and Senior Appellate Counsel Timothy R. George prevailed against Plaintiff’s appeal to the United States Court of Appeals for the Fifth Circuit. Plaintiff, a mechanic, brought various negligence claims against his employer (a Texas nonsubscriber, and one of the world’s largest equipment rental companies) after he slipped and fell on rainwater that allegedly seeped into his work bay. Plaintiff alleged that his employer failed to provide necessary instrumentalities, failed to train, failed to supervise, and committed other failures related to the workplace. Employer denied liability. Wright filed a Motion for Summary Judgment as to all claims and causes of action arguing that Plaintiff’s premises liability claims and workplace safety claims fail as a matter of law. On July 16, 2021, the district court in the Northern District of Texas granted summary judgment in favor of Defendant and dismissed the suit. Plaintiff timely appealed after the district court denied reconsideration. The US Fifth Circuit Court of Appeals reviewed the granting of summary judgment de novo. Following full briefing and oral argument, the United States Court of Appeals affirmed the district court’s granting of summary judgment in favor of Fee, Smith & Sharp’s Texas nonsubscriber client.

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