Vindication for Chemical Company on Summary Judgment

Ware Jackson partners Paul Smith, Margaret Bryant, and Michelle Blair, along with associate Simone Dawson, have successfully defended a chemical company against claims of premises liability and gross negligence brought by the employee of the company’s subcontractor who was injured while the subcontractor was performing maintenance on its equipment. A federal judge in the Southern District of Texas has granted summary judgment for Ware Jackson’s client, holding that the client had no knowledge of any dangerous condition, the subcontractor’s maintenance activities caused the plaintiff’s injuries, and the client did not control those activities. The court also excluded the plaintiff’s expert’s opinion regarding the client’s alleged knowledge.