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SOUTHEAST TEXAS RECORD

Wednesday, May 8, 2024

Appellate courts affirm take-nothing judgment in suit over parking lot assault

Lawsuits
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HOUSTON – The First Court of Appeals recently affirmed summary judgment wins in favor of the defendants in a lawsuit alleging the plaintiff was injured in a parking lot assault. 

The lawsuit was filed by Hicham Watanabe back in 2014 and named as defendants Summit Path Partners, Hocine Aitmohand, A.J. Ahmed and Edward Hua.

A year earlier, Watanabe was working as a valet, according to his lawsuit. Around 2:30 am, he saw someone being accosted by four men in a parking lot. He crossed the street and ended up being assaulted.

Watanabe sued his employers as well as the owners of the parking lot, alleging that the defendants failed to provide adequate lighting and security guards, as well as a safe place to work.

The defendants filed motions for summary judgment and the trial court granted take-nothing judgments in their favor, court records show.

On Aug. 10, the First Court found defendants Ahmed and Hua did not owe a duty to Watanabe because they did not own or control the premises where he was assaulted.

Justices also found that Watanabe failed to carry his summary judgment burden in his claims against Aitmohand.

Appeal case No. 01-19-00302-CV

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