HOUSTON - The First Court of Appeals recently held that a trial court properly granted an apartment complex’s no-evidence summary judgment in a lawsuit brought over a slip and fall injury in an elevator.
Court records show Raymond Ethridge filed suit against Northgate Vertical (Crescent North Point Apartments).
According to the First Court’s Dec. 29 opinion, Ethridge, a tenant at Crescent North Point Apartments, alleges he was injured while exiting his apartment’s elevator. He claims he “slipped and fell” as he exited the elevator because of “some chemical used to clean the elevator” and that he “sustained severe personal injuries” as a result.
The opinion states that Northgate moved for summary judgment, and Ethridge filed objections and exceptions to the summary judgment motion and a motion for continuance.
The trial court granted Northgate’s motion for summary judgment, but did not expressly rule on Ethridge’s objections and exceptions or motion for continuance.
On appeal, Ethridge argued that the trial court abused its discretion by failing or refusing to rule on his motion for continuance and objections, failing or refusing to grant his motion for continuance, and granting Northgate’s motion for summary judgment “while refusing” to rule on his objections and exceptions, the opinion states.
Justices held the trial court properly granted Northgate’s no-evidence summary judgment, and further found that the trial court did not abuse its discretion in denying Ethridge’s request for a continuance.
Appeals case No. 01-21-00595-CV