Wanda Kay Cohen v. Landry's, Inc., Landry's Crab Shack, Inc., and Landry's Seafood & Oyster Bar-Kemah, Inc.
442 S.W.3d 818
| Tex. App. | 2014Background
- Cohen allegedly tripped on a Kemah Boardwalk sidewalk on December 9, 2009, due to a 1/2 to 1-inch elevation between sidewalk sections caused by tree roots.
- Landry’s moved for no-evidence summary judgment on Cohen’s premises liability claim, arguing it did not own, occupy, or control the sidewalk and thus owed no duty.
- Landry’s later filed a supplemental motion attaching evidence purporting to show the sidewalk was outside Landry’s premises and potentially owned by the City of Kemah.
- Cohen offered evidence suggesting the City had no records of ownership/maintenance and presented a repair proposal for the sidewalk.
- The trial court granted the no-evidence motion and entered final summary judgment for Landry’s on all claims, without specifying grounds, and Cohen appealed only the premises liability ruling.
- On appeal, the court analyzed the case under both no-evidence and traditional summary-judgment standards for the duty element, and under no-evidence standards for other elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Landry’s owed Cohen a duty on the premises | Cohen contends Landry’s exercised control over the sidewalk and failed to maintain it, creating a duty. | Landry’s did not own, occupy, or control the sidewalk, so no duty existed. | No duty established as a matter of law; Cohen raised genuine issues about control and duty. |
Key Cases Cited
- Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762 (Tex. 2010) (premises liability duty and elements guidance)
- In re HEB Grocery Co., L.P., 375 S.W.3d 497 (Tex.App.-Houston [14th Dist.] 2012) (notice and knowledge standards for premises liability)
- Mayer v. Willowbrook Plaza Ltd. P’ship, 278 S.W.3d 901 (Tex. App.-Hou. [14th Dist.] 2009) (control over premises includes ownership/occupation/possession)
- Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993) (control and liability for areas adjacent to leased premises)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for no-evidence and traditional summary judgment )
- Pipkin v. Kroger Tex., L.P., 383 S.W.3d 655 (Tex.App.-Houston [14th Dist.] 2012) (knowledge/notice and premises liability analysis)