Sunni S. Dietz v. Hill Country Restaurants, Inc. D/B/A Clear Spring Restaurant
398 S.W.3d 761
Tex. App.2011Background
- Dietz sued Clear Springs for injuries after falling on a cracked, pebble/concrete walkway at the restaurant in Guadalupe County, Texas.
- Clear Springs moved for no-evidence and traditional summary judgment asserting no evidence of an unreasonable risk and other grounds.
- Dietz relied on the expert report and deposition of safety engineer Jason T. English, plus Dietz and parental testimony, and Clear Springs’s managerial affidavit.
- The trial court sustained objections to English’s opinions on whether the walkway posed an unreasonable risk, granted both no-evidence and traditional summary judgments, and rendered judgment for Clear Springs.
- Dietz appealed, challenging the exclusion of expert testimony and the sufficiency of the evidence on the unreasonable risk element.
- The court frame:diet’s premises-liability claim requires showing (1) knowledge of a condition, (2) an unreasonable risk, (3) failure to exercise reasonable care, and (4) causation; the court held no evidence supported the unreasonable risk element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly excluded English’s expert testimony | Dietz contends English’s testimony aided the jury on human factors and hazards. | Clear Springs argues English’ s opinions on common knowledge and safety standards would not help the jury. | No abuse of discretion; exclusion upheld. |
| Whether the no-evidence summary judgment was proper on the unreasonable risk element | Dietz argues there was more than a scintilla of evidence of an unreasonable risk. | Clear Springs asserts no evidence supports unreasonable risk given lack of other incidents and complaints. | Yes, properly granted; no evidence of unreasonable risk. |
Key Cases Cited
- K-Mart Corp. v. Honeycutt, 24 S.W.3d 357 (Tex. 2000) (expert testimony must assist the trier of fact and not be within common knowledge)
- Honeycutt, Yes, 24 S.W.3d 360 (Tex. Supreme Court) (testimony not helpful when jury can rely on photographs and common sense)
- Brinson Ford, Inc. v. Alger, 228 S.W.3d 161 (Tex.2007) (premises owner not insurer; need unreasonable risk element evidence)
- Seideneck v. Cal Bayreuther Assocs., 451 S.W.2d 752 (Tex.1970) (probative but not conclusive on unreasonable risk)
- LMB, Ltd. v. Moreno, 201 S.W.3d 686 (Tex.2006) (elements of premises liability; knowledge, risk, care, causation)
- H.E. Butt Grocery Co. v. Resendez, 988 S.W.2d 218 (Tex.1999) (premises liability standard)
- Smith v. Mohawk Mills, Inc., 260 S.W.3d 672 (Tex.App. Dallas 2008) (duty of care for invitees; knowledge required)
- Cameron County v. Brown, 80 S.W.3d 549 (Tex.2002) (unreasonable risk framework; probability of harm)