The Texas Court of Appeals has refused to reinstate a negligence and premises legal responsibility swimsuit by a buyer who claims to have been injured when she slipped on a small puddle in a service bay.
A unanimous three-judge panel discovered that Azita Nazary failed to provide proof that Classic BMW in Plano, Texas, knew or ought to have recognized there was water on the ground or that the dealership failed to make use of affordable care to remove or scale back any threat of damage. Ownership of the shop modified after the September 2019 incident; it’s now Sewell BMW of Plano.
The June 8 resolution upheld a decrease courtroom ruling in favor of the dealership.
On enchantment, Nazary unsuccessfully contended she was entitled to a jury trial on the query of whether or not the ground was moist and whether or not the quantity of water on the ground “constituted an unreasonably dangerous condition.”
She claimed no warning indicators had been posted and that an unidentified dealership worker, who got here to her support, informed her the rails on the service flooring’s storage at all times leaked. She mentioned a service supervisor testified if water had been on the ground, it could “provide a slip and fall possibility for employees as well as customers.” She additionally provided as proof a photograph taken 4 months after the incident displaying one other puddle within the service space the place she had fallen.
In a courtroom submitting, Classic BMW denied violating its authorized responsibility of care to its service prospects and identified that “after the fall, Nazary refused any medical attention at the dealership, returned home and got ready and went to work as usual.”
Accepting the dealership’s argument, the Court of Appeals mentioned Nazary failed to supply ample proof that Classic BMW did not adequately warn its prospects in regards to the moist flooring or did not make the moist flooring fairly secure.
Defense lawyer Cassie Dallas, of Dallas, informed Automotive News the dealership did not authorize her to touch upon the case. Nazary’s lawyer did not reply to requests for remark.