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Saturday, November 2, 2024

Dismissal of slip & fall against Fiesta Mart affirmed on appeal

Lawsuits
Slip02

HOUSTON – A summary judgment win in favor of Fiesta Mart in a slip & fall lawsuit was affirmed today by the First Court of Appeals.

Lucrecia Mendia filed suit against Fiesta Mart in 2017, alleging that she slipped and fell on liquid on the floor of the meat department.

Mendia asserted Fiesta Mart knew or should have known about the dangerous condition. 

Court records show Fiesta Mart moved for summary judgment on the knowledge element of Mendia’s cause of action. The trial court granted default summary judgment in Fiesta Mart’s favor.

“Because Mendia failed to file a timely response to Fiesta Mart’s no-evidence motion for summary judgment, we hold the trial court properly rendered summary judgment in favor of Fiesta Mart,” the opinion states.

Appeals case No. 01-19-00018-CV

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