Texas Attorneys Obtain Summary Judgment in Bexar County

Houston Partner Scott L. Scheinthal and Attorney Rima C. Patel obtained summary judgment in the Bexar County Courthouse on behalf of our restaurant client following a trip and fall incident on our client’s property.

In this suit, Plaintiff was walking in our client’s restaurant parking lot when she tripped on rebar and fell. As a result of the incident, Plaintiff claimed she sustained multiple injuries, including a shattered knee/shin. Subsequently, Plaintiff filed suit against our client for her injuries.

Litchfield Cavo attorneys Scott Scheinthal and Rima Patel argued that Plaintiff was a trespasser on our client’s property because Plaintiff admitted our client’s restaurant was closed at the time of the incident. Further, there were no receipts proving Plaintiff was a customer of our client’s restaurant; no one witnessed her fall; and, she did not advise our client’s owner, managers or employees that she fell at the time of the incident. Our attorneys also argued that the rebar was located in a grassy section beyond the overflow lot of our client’s parking lot. In addition, Plaintiff admitted the parking lot was not at capacity when she fell, and that she was not a patron of our client’s restaurant. Therefore, our defense successfully argued that Plaintiff was a trespasser and assumed the risk that caused her alleged injuries. Further, Plaintiff failed to establish gross negligence and could not support her premises liability claims.

In November 2024, the Bexar County Courthouse granted our Motion for Summary Judgment and dismissed all of Plaintiff’s claims with prejudice.

Scott is an accomplished trial attorney with more than 25 years of experience, and his practice includes defending clients in premises liability, professional liability, business litigation, and transportation and dram shop claims. Additionally, he is board certified in personal injury trial law by the Texas Board of Legal Specialization.

Rima is an experienced litigator who focuses her legal practice on premises liability, personal injury, construction liability and general liability matters. She also handles products liability, construction defect, breach of contract and transportation litigation claims.