Defendant's Attorney: Leonard R. Grossman and Mark Chisholm

Description: Pecos, Texas personal injury lawyer represented the Plaintiff who sued the Defendant on personal property negligence theory.

This case was filed in the 143rd District Court of Reeves County, Texas, 22-00010-24539-CVR, and was removed to federal court by the Defendant.

"Texas negligence property damage law is based on the principle that landowners and other property owners have a duty to maintain their property in a reasonably safe condition and to warn others of any known hazards. When a property owner breaches this duty and causes damage to the property of another person, they may be held liable for the damages caused by the accident.

To prove negligence in a Texas property damage case, the plaintiff must show the following four elements:

Duty: The defendant owed the plaintiff a duty of care. In the context of property damage, this means that the defendant had a duty to maintain their property in a reasonably safe condition and to warn others of any known hazards.
Breach: The defendant breached their duty of care. This means that the defendant failed to act in a way that a reasonably prudent person would have acted in the same situation.
Causation: The defendant's breach of duty caused the plaintiff's property damage. This means that the plaintiff's property damage would not have occurred but for the defendant's negligence.
Damages: The plaintiff suffered damages as a result of the defendant's negligence. This can include the cost of repairing or replacing the damaged property, as well as any other financial losses caused by the damage.

If the plaintiff can prove all four elements of negligence, they may be entitled to recover damages from the defendant. The amount of damages that the plaintiff can recover will depend on the severity of the damage and the specific facts of the case.

Texas uses a modified comparative negligence system. This means that a plaintiff's damages can be reduced by their percentage of fault for the accident. However, a plaintiff cannot recover any damages if they are found to be more than 50% at fault for the accident.

For example, if a plaintiff is found to be 20% at fault for an accident and their damages are $100,000, they can recover $80,000 from the defendant. However, if the plaintiff is found to be 51% at fault for the accident, they cannot recover any damages from the defendant.

Texas negligence property damage law is complex and can vary depending on the specific facts of a case. If you have suffered property damage as a result of someone else's negligence, it is important to consult with an experienced personal injury attorney to discuss your legal options.

Here are some examples of negligence property damage cases in Texas:

A tenant slips and falls on a wet floor in a common area of an apartment complex, and the landlord has failed to post caution signs or clean up the spill.
A customer trips and falls over a torn piece of carpeting in a grocery store, and the store manager has known about the torn carpet for several days but has failed to repair it.
A pedestrian is struck by a falling tree branch while walking down a sidewalk, and the city has failed to properly inspect and maintain the trees along its sidewalks.

If you have been injured in a negligence property damage case, you may be entitled to recover damages for your medical expenses, lost wages, pain and suffering, and property damage. You should consult with an experienced personal injury attorney to discuss your legal options."

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Outcome: 10/05/2023 46 ORDER re 45 Notice of Settlement filed by O'Reilly Auto Enterprises, LLC. This case is ADMINISTRATIVELY CLOSED without prejudice to its being reopened to enter a final order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before SIXTY (60) days from the docketing of this Order. All pending motions, if any, are therefore DENIED AS MOOT. Signed by Judge David Counts. (ab1) (Entered: 10/05/2023)

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