Scott and White Memorial v. Fair

69 Citing cases

  1. Callahan v. Vitesse Aviation Services, LLC

    397 S.W.3d 342 (Tex. App. 2013)   Cited 30 times
    Applying Scott & White when plaintiff slipped on ice while walking outdoors

    Premises liability is a special form of negligence in which the duty owed to the plaintiff depends on the plaintiff's status on the premises at the time of the incident. Scott & White Mem'l Hosp. v. Fair, 310 S.W.3d 411, 412 (Tex.2010); W. Invs., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex.2005). The plaintiff is usually classified as either an invitee, licensee, or trespasser.

  2. Lough v. Pack

    NO. 02-12-00336-CV (Tex. App. Mar. 21, 2013)   Cited 2 times
    Applying Scott & White when plaintiff slipped on porch

    Lough sued the Packs for gross negligence. The Packs filed a traditional motion for summary judgment, arguing that under Scott & White Memorial Hospital v. Fair, 310 S.W.3d 411 (Tex. 2010), naturally accumulating ice is not, as a matter of law, an unreasonably dangerous condition; therefore, it cannot be the basis of a premises liability suit. Lough also filed a motion for summary judgment on her claim.

  3. Weddington v. Ace Parking Mgmt., Inc.

    No. 3:16-cv-00529-M (N.D. Tex. Aug. 31, 2016)   Cited 1 times

    Under Texas law, the duty owed to a plaintiff by a premises owner depends on the plaintiff's status. Scott & White Mem'l Hosp. v. Fair, 310 S.W.3d 411, 412 (Tex. 2010). Assuming Plaintiff was an "invitee" on Defendant's premises, as Plaintiff pleads in Paragraph 7 of her First Amended Complaint, Defendant owed her a duty "to exercise reasonable care to protect against danger from a condition on the land that create[d] an unreasonable risk of harm of which [Defendant] knew or by the exercise of reasonable care would discover."

  4. Mercer v. Wal-Mart Stores Tex., LLC

    CIVIL ACTION NO. H-13-0523 (S.D. Tex. Jan. 21, 2014)   Cited 1 times
    Holding that "negligently overlook[ing] ice" and "delayed remedying [of] the condition and [leaving] the ice" does not rise to the level of active negligence

    II. AnalysisThe parties agree that Texas law applies. Under Texas law, premises liability is a form of negligence. Scott & White Mem'l Hosp. v. Fair, 310 S.W.3d 411, 412 (Tex. 2010); W. Invs., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex. 2005). "The threshold question in a premises liability case, as with any cause of action based on negligence, is the existence of and violation of a duty."

  5. Gibson v. Stonebriar Mall, LLC

    No. 05-17-01242-CV (Tex. App. Feb. 8, 2019)   Cited 3 times

    They argued Gibson's fall resulted from the natural accumulation of ice, which the Texas Supreme Court has held is not an unreasonably dangerous condition. See Scott & White Mem. Hosp. v. Fair, 310 S.W.3d 411, 414 (Tex. 2010). Mydatt moved for summary judgment on both traditional and no-evidence grounds arguing it had no legal duty to Gibson because it did not own the premises and because natural accumulation of ice is not an unreasonably dangerous condition.

  6. Estes v. Wal-Mart Stores Tex., L.L.C.

    No. 3:16-cv-02057-M (N.D. Tex. Jun. 27, 2017)   Cited 3 times

    A naturally accumulating condition is one that builds due to weather conditions or other forces of nature, without the assistance or involvement of non-natural events or contacts. Compare Scott & White Mem'l Hosp. v. Fair, 310 S.W.3d 411, 412-15 (Tex. 2010) (property owner not liable for injury caused by ice, because it is a naturally accumulating condition), with Furr's, Inc. v. Logan, 893 S.W.2d 187, 191-92 (Tex. App.—El Paso 1995, no writ) (ice accumulation caused by a leaking vending machine was not naturally occurring and could thus support a premises liability claim). Further, the Texas Supreme Court has noted that "invitees are at least as aware as landowners of the existence of [ice] that has accumulated naturally outdoors and will often be in a better position to take immediate precautions against injury."

  7. Vance v. Hurst Joint Venture LP

    657 S.W.3d 141 (Tex. App. 2022)   Cited 3 times

    In a premises liability case, a premises owner's duty is determined by the complaining party's status at the time and place of injury. SeeScott & White Mem'l Hosp. v. Fair , 310 S.W.3d 411, 412 (Tex. 2010) ; Urena , 162 S.W.3d 547, 550. Here, the parties agree that Gretchen, as CYC's tenant, was an invitee on the premises, as she was on the property at the time of the accident with Hurst's knowledge and for their mutual benefit—for a "shared business or economic interest."

  8. City of Hous. v. Cogburn

    NO. 01-11-00318-CV (Tex. App. Mar. 19, 2013)   Cited 3 times

    B. Unreasonable Risk of Harm The City next argues that, even if Cogburn is an invitee, a tree root is a "naturally occurring condition" that does not pose an unreasonable risk of harm sufficient to support a premises liability claim as a matter of law under the supreme court's decision in Scott and White Mem'l Hosp. v. Fair. See 310 S.W.3d 411, 413-14 (Tex. 2010) (conditions such as naturally occurring ice, naturally accumulating mud, and dirt in its natural state are not unreasonable risks of harm for premises liability claims); see also id. at 413 ("[I]nvitees are often better positioned to avoid the dangers associated with muddy walkways."). The City provided evidence with its plea to the jurisdiction that "[t]ree roots coming to the surface is naturally occurring in Houston due to our climate and soil."

  9. Owens v. Costco Wholesale Corp.

    Civil Action 4:22-CV-1031-BJ (N.D. Tex. Jun. 10, 2024)

    A naturally accumulating condition is one that builds due to weather conditions or other forces of nature, without the assistance or involvement of non-natural events or contacts. Compare Scott & White Mem 'I Hosp. v. Fair, 310 S.W.3d 411, 412-15 (Tex. 2010) (property owner not liable for injury caused by ice, because it is a naturally accumulating condition), with Furr's, Inc. v. Logan, 893 S.W.2d 187, 191-92 (Tex. App.-El Paso 1995, no writ) (ice accumulation caused by a leaking vending machine was not naturally occurring and could thus support a premises liability claim).

  10. Contreras v. Foster Elec. (U.S.A.)

    No. EP-21-CV-120-DB (W.D. Tex. Jan. 10, 2022)

    Under Texas state law, ice accumulating as a result of a winter storm does not pose an unreasonable risk of harm as a matter of law. Scott and White Mem'l Hosp. v. Fair, 310 S.W.3d 411, 414, 419 (Tex. 2010).