Sheehy, Ware, Pappas & Grubbs, P.C. Attorney, Kevin S. Niknam, Securs a Triple-Summary Judgement Victory

July 2023 • Source: Sheehy, Ware, Pappas & Grubbs, P.C. 

Kevin S. Niknam represented three separate corporate entities in a premises liability suit involving a total of five named defendants. The lawsuit was filed by personal injury firm The Carlson Law Firm. The incident arose out of a slip-in-fall at a China Bowl Café restaurant in Pflugerville, Texas. Plaintiff claimed to have suffered severe injuries after allegedly slipping on a liquid substance inside the restaurant. Plaintiff was a patron at the time and thus the invitee standard of premises liability applied. Plaintiff alleged negligence, negligence per se and asserted violations of the Americans with Disabilities Act and the Texas Health and Safety Code.

The entities Mr. Niknam represented were the landowner, property management company and the conglomerate that held the insurance policy. After over a year of discovery, consisting of eight depositions and numerous rounds of requests for production, Mr. Niknam filed Traditional and No-Evidence Motions for Summary Judgement on behalf of all three entities. He successfully argued that his clients owed no duties to Plaintiff and had not violated the ADA or THSC. The judge found Plaintiff’s claims had no merit and granted all three motions.

The motions were heard before former appellate judge, the Honorable Judge Scott Fields, 368th Judicial District, Williams County, Texas.