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SOUTHEAST TEXAS RECORD

Friday, May 10, 2024

Man who sued after falling off roof strikes out on appeal

State Court
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HOUSTON - The First Court of Appeals recently affirmed a summary judgment win in favor of the defendants in litigation brought by a man who sued after falling off a roof. 

Court records show Billy Anderson sued Orea and Shonia Harris as owners of the premises on which he fell. 

Seeking to build a house, the Harrises hired a general contractor, who in turn hired Anderson. One day, while on the roof, Anderson slipped on a piece of wet, unsecured sheet metal and fell about 30 feet to the ground, suffering serious injuries, states the First Court’s Oct. 27 opinion.

Court records show Harrises filed a no-evidence summary-judgment motion, claiming there was no evidence of two elements of Anderson’s premises-liability claim against them. The trial court granted the motion and Anderson appealed. 

“In response to the Harrises’ no-evidence summary-judgment motion, Anderson produced less than a scintilla of evidence raising a genuine issue of material fact as to each challenged element of his premises-liability claim: knowledge of the dangerous condition and control over the work activity,” the opinion states. “Therefore, the trial court did not err in granting the Harrises’ motion for summary judgment.”

 Case No. 01-21-00271-CV 

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