Cowles Thompson attorneys David Johnson and Helen Emerson obtained take-nothing Summary Judgment on all claims of negligence in wrongful death lawsuit asserted against our major retail client in Eastland County, Texas.
Plaintiffs, who were representatives of the estate of the decedent, filed a lawsuit against our client, the premises owner, alleging that the senseless murder of the decedent by a third-party assailant on the retailer’s property was foreseeable to the premises owner.
Johnson and Emerson obtained complete dismissal on all claims by successfully arguing that the random act of violence perpetrated by the assailant was unforeseeable to the premises owner as a matter of law, and that there was no duty on the premises owner to protect premises invitees from criminal acts by third-parties under the facts of this case.
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