March 11, 2022 | By Matthew Kellogg
On our clients’ behalf, McCathern announces a significant recent defense victory in Dallas County Civil District Court by Frisco Partner Samuel “Sam” King.
A plaintiff sued two McCathern clients following a 2019 personal injury at a Dallas, Texas retail store. The two McCathern clients operate the store and own the premises, respectively. The plaintiff alleged three broken bones and other serious injuries. Following several surgeries, the plaintiff sought substantial compensation from the McCathern clients, including more than $115,000 for past medical expenses alone, plus compensation for disfigurement, impairment, pain, suffering and mental anguish. Trial was scheduled for April 2022.
After the close of the discovery phase of the case, Sam King filed a motion for summary judgment challenging the plaintiff and the plaintiff’s evidence. King mounted an aggressive “open and obvious” defense to the Plaintiff’s premises-liability claim. The court then held a lively hearing on the motion for summary judgment at which King used state-of-the-art litigation technology to argue facts and law.
Following the hearing, the court agreed with King and the McCathern clients. On February 24, 2022, the court dismissed the plaintiff’s case with prejudice to refiling, meaning the case is dismissed permanently and cannot be refiled. This was a total victory for the McCathern clients.
The style of the case is Ingram v. A M Brothers, Inc. and A.R.M. Group, Inc., cause number DC-21-00653 in the 162nd Judicial District Court of Dallas County, Texas.