HOUSTON - A restaurant wasn’t able to slip away from a slip and fall lawsuit following a summary judgment win, as the First Court of Appeals has reversed the ruling.
Court records show Bryanna Mallet filed suit against Choice Cafe Corporation for premises liability, alleging that she slipped and fell on a wet floor at its restaurant on March 22, 2023, and fell backward onto a stone floor, hitting her back and head.
Mallet submitted medical records showing that she sought hospital treatment on the day the incident transpired for what she described as head, back, and arm pain, and that she underwent chiropractic, outpatient and pain-management treatment for ongoing symptoms.
In response to the suit, Fresh Choice moved for summary judgment, asserting there was no evidence of causation.
Mallet disagreed and pointed to the medical records on file, arguing that they offered evidence of causation, court records show.
The trial court ultimately granted the no-evidence motion and signed an interlocutory summary judgment ordering Mallet take nothing on her premises-liability claim, according to the First Court’s July 14 opinion.
Justices found that the summary-judgment record contains more than a scintilla of competent evidence raising a genuine issue of material fact on causation, because Mallet reported to medical professionals that she slipped and fell at the restaurant.
“A reasonable juror could credit the medical records, which reflect that Mallet slipped on a wet floor at Fresh Choice’s premises, experienced immediate pain and related symptoms, sought prompt medical treatment, and was later assessed by providers who opined that her injuries were the result of the March 22, 2023 fall,” the opinion states.
“We hold that Mallet produced more than a scintilla of evidence raising a genuine issue of material fact on causation. The trial court therefore erred in granting Fresh Choice’s no-evidence motion for summary judgment.”
Justices reversed the trial court’s final judgment and remanded the case for further proceedings.
Appeals case No. 01-24-00533-CV
