Partners Eileen O’Neill and Michelle Blair secured an appellate victory for a common carrier that had been sued for negligence when a passenger committed a crime after disembarking. The Eleventh Court of Appeals in Eastland affirmed summary judgment for the carrier, holding that common carriers do not have a duty to protect the general public from passengers and that there was an insufficient causal nexus between the carrier’s decision to remove its passenger and the crime committed by the passenger hours later. The opinion is Garrett v. Wal-Mart Stores Tex., LLC, No. 11-24-00058-CV, 2026 WL 842979 (Tex. App.—Eastland Mar. 26, 2026, no pet. h.).

A plaintiff who was incarcerated after driving while heavily intoxicated and causing a fatal collision sued Ware Jackson’s client that had worked on a project with the plaintiff’s employer. The plaintiff asserted claims of general and gross negligence, alleging that the client had contributed to causing his intoxication and the subsequent accident. The district court in Jefferson County, however, granted Ware Jackson’s motion to dismiss, which argued the plaintiff’s claims had no basis in fact or law because the client owed him no duty and did not cause the accident. Accordingly, all claims against the client were dismissed. The trial team included Paul Smith, Michelle Blair, and Jared Peloquin.

Associates Jordan Parker and Jared Peloquin took the lead on researching, drafting, and arguing an early motion for summary judgment for Ware Jackson’s client in a wrongful death case in which the plaintiff alleged the condition of our client’s property posed an unreasonable risk of harm. No argument was necessary when the plaintiff voluntarily dismissed Ware Jackson’s client from the case shortly after the motion was filed. This proactive strategy eliminated our client’s litigation exposure and avoided the cost of extensive discovery and trial. Ware Jackson is proud to have talented associates like Jordan and Jared on board and looks forward to delivering more exceptional results for our clients in the future!