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Dallas Court of Appeals Affirms Summary Judgment for Sporting Goods Retailer in Premises Liability Case

Writer's picture: Bart RidleyBart Ridley

In 2024, Team Bocell Ridley convinced the Dallas Court of Appeals to affirm Summary Judgment in favor of our client, a National Sporting Goods Retailer.

 

The premises liability case arose from an alleged unreasonably dangerous condition posed by the handle of a Sports Wagon on display in the store. 

 

The Sports Wagon is arguably one of the most significant innovations for the parents of youth sports participants in the past 50 years.

 

After the Bocell Ridley team secured an Order Granting Summary Judgment in favor of our client from the 160th District Court of Dallas County, Plaintiff appealed the trial court’s decision to the Fifth District Court of Appeals in Dallas.  The Court of Appeals affirmed the trial court’s order granting summary judgment in favor of the sporting goods retailer. Plaintiff/Appellant Yumnah Said claimed that she suffered injuries after allegedly tripping over the handle of a sports wagon positioned in the aisle near the football cleats section. Simply put, the Court of Appeals determined that Appellant had not cited any evidence that the retailer placed the wagon handle in the aisle or knew there was a problem with the display of the wagon. Therefore, Appellant failed to meet her burden of proof, and the trial court did not err by the granting summary judgment.

 

Congratulations to Heather Bocell, Erin West, and Barton Ridley for a solid win.

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