Legal Opinion

Smith v. MOODY GARDENS, INC.

Texas Court of Appeals, 1st District (Houston)

Decided February 17, 2011No. 01-09-00359-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

ELSA ALCALA, Justice.

This appeal concerns a skater who fell on an ice skating rink, purportedly due to a deep groove in the ice that had resulted from improper maintenance. The skater, appellant Derek Scott Smith, appeals a take-nothing judgment following a jury trial on his claim for breach of a statutory duty by the ice skating rink operator, ap-pellee Moody Gardens, Inc., and a summary judgment dismissing his common law claims. In two issues, Smith contends that the jury’s finding of no breach of the statutory duty or no proximate causation was against the great weight and…

2Cases cited12 opinions

  1. Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
  2. Golden Eagle Archery, Inc. v. JacksonTexas Supreme Court · 2003
  3. Western Investments, Inc. v. UrenaTexas Supreme Court · 2005
  4. Keetch v. Kroger Co.Texas Supreme Court · 1992
  5. Clayton W. Williams, Jr., Inc. v. OlivoTexas Supreme Court · 1997

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3Cited by7 opinions

  1. Custom Transit, L.P., Richway Cartage, Inc., and Custom Operations, LLC v. Flatrolled Steel, Inc., Texas Court of Appeals, 14th District (Houston)2012
  2. DeNucci v. MatthewsCourt of Appeals of Texas · 2015
  3. Beatrice Zarate v. Aric Rodriguez Dba Mid-Town Realty, Texas Court of Appeals, 14th District (Houston)2017
  4. Kathy Harpst, Stephanie Hartfield, Fredia Rice, Jo'Quita Sanders, Shannon Malm and Lagean Medearis v. George Fleming and Fleming & Associates, L.L.P., Texas Court of Appeals, 14th District (Houston)2018
  5. Patrick Michaelski and Lynda Michaelski v. John Wright, Peggy Wright, Grant Dietz, and Rebecca Dietz, Texas Court of Appeals, 1st District (Houston)2014

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