HOUSTON - Yesterday, the 14th Court of Appeals dismissed an appeal brought by the Harris County Sports & Convention Corporation over a ruling denying its plea to the jurisdiction.
HCSCC is a component of Harris County and was created by the Commissioners Court for the purposes of managing the sports and entertainment complex NRG Park.
Court records show Christopher Daniel Deas filed suit against HCSCC, alleging that on Feb. 9, 2020, he was at NRG watching the Monster Jam Show in an area outside the “safety hold” when a large steel pipe flew off of one of the monster trucks and struck him.
In his suit, Deas asserts the defendants should have known of the unreasonably dangerous condition, which they failed to correct.
“Plaintiff did not have any knowledge of the dangerous condition and could not have reasonably been expected to discover it,” the suit states.
Court records show HCSCC filed a plea to the jurisdiction, which was denied by the trial court on Sept. 12, prompting the appeal.
According to the 14th Court’s memorandum opinion, on Dec. 22 it issued an order stating that unless appellant (HCSCC) filed a brief on or before Jan. 11, 2023, the appeal was subject to dismissal without further notice for want of prosecution.
“Appellant filed no brief or other response,” the opinion states. “We dismiss the appeal.”
Court records show the case is currently set for trial on March 6.
However, on Jan. 24 the parties filed an agreed motion for continuance to allow for mediation and to prepare for trial should settlement efforts fail, the motion states.
Appeals case No. 14-22-00710-CV