Sylvia Weech v. Baptist Health System A/K/A Baptist Health System, Inc., 2012 Tex. App. LEXIS 10777

Weech sued Baptist Health System (BHS) for premises liability and negligence after a parking-garage gate allegedly fell on her.
BHS moved for no-evidence summary judgment on March 12, 2012; Weech did not respond or appear at the April 10, 2012 hearing.
The trial court granted the no-evidence summary judgment against Weech without specifying grounds.
Weech moved for a new trial (May 2012) attaching affidavits and a deposition; the court denied the motion after a hearing on May 9, 2012.
On appeal, Weech argues the trial court erred in granting the no-evidence summary judgment and in denying the motion for new trial; the court affirms.
The court adopts a modified Craddock analysis for no-evidence summary judgments and holds Weech failed to raise genuine issues of material fact with conclusory evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether no-evidence summary judgment was proper	Weech asserts response evidence in her new-trial motion creates genuine issues.	BHS contends lack of response pre-hearing requires granting the motion.	Yes; trial court did not err; no response meant no genuine issues.
Whether the motion for new trial was properly denied	Weech contends Craddock criteria were satisfied and relief was warranted.	BHS argues second Craddock prong unmet due to lack of meritorious defense evidence.	Yes; denial upheld because Weech failed to present competent evidence raising fact issues.

Washington v. McMillan, 898 S.W.2d 392 (Tex. App.—San Antonio 1995) (abuse-of-discretion standard for new-trial denial; Craddock framework)
Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 126 (Tex. 1939) (default judgment relief standards)
Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682 (Tex. 2002) (Craddock applicability after summary judgment)
Washington v. Huffine, 979 S.W.2d 795 (Tex. App.—Houston [14th Dist.] 1998) (Craddock in traditional summary judgment context)
Ivy v. Carrell, 407 S.W.2d 212 (Tex. 1966) (merits of setting up a meritorious defense in Craddock context)
Rizkallah v. Conner, 952 S.W.2d 580 (Tex. App.—Houston [1st Dist.] 1997) (conclusory statements not competent summary judgment evidence)
Wyckoff v. George C. Fuller Contracting Co., 357 S.W.3d 157 (Tex. App.—Dallas 2011) (licensee/premises liability knowledge distinction)
Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983) (premises liability elements for invitees)
Gonzales v. Shing Wai Brass & Metal Wares Factory, Ltd., 190 S.W.3d 742 (Tex. App.—San Antonio 2005) (conclusory statements in affidavits not proper summary judgment proof)
Medistar Corp. v. Schmidt, 267 S.W.3d 150 (Tex. App.—San Antonio 2008) (no-evidence summary judgment standard in Texas)