HOUSTON – A man who claimed negligence on the part of the owners of an office building his lost his appeal to overturn summary judgment ruling issued by a trial court that dismissed his tort claims against the building's owners.
The Court of Appeals for the 1st District of Texas affirmed July 26 the trial court finding that the plaintiff, Keith Kyles, failed to produce evidence that the owners of the premises were negligent.
Kyles alleged was injured when he was struck by a box of medical supplies that fell from a fifth-floor atrium in the building to the ground floor.
The 133rd District Court in Harris County delivered a no-evidence summary judgment, ruling that there was no evidence "the premises owner failed to take reasonable care to reduce or eliminate the risk of a condition that posed an unreasonable risk of harm," the ruling states.
Kyles appealed, arguing that the owners of the premises, South Loop 2626 and South Loop Partners, had knowledge of the building's "dangerous condition" and failed to warn of the potential for objects to fall on the atrium from the floors above.
Appeals court Justice Michael Massengale explained that for the claim to move forward, Kyles had to prove that the owners had "actual and constructive knowledge" of a situation that caused the injury and that it failed "to take reasonable care to reduce or eliminate the risk."
The judge affirmed the summary judgment and the finding that the plaintiff presented no evidence that "reasonable care required South Loop or its property-management company to do something to reduce or eliminate the open and obvious risks associated with standing in an open atrium."
Massengale added, "We therefore conclude that the court properly granted summary judgment on the premises claim."