Montes v. Indian Cliffs Ranch, Inc.

OPINION

LARSEN, Justice.

This is an appeal from a take-nothing summary judgment in favor of the defendant in a premises liability case. We reverse and remand to the trial court.

FACTUAL AND PROCEDURAL HISTORY

The plaintiff, Richard Montes, was employed by a pest control service. On December 7, 1992, he went to the Cattlemen’s Restaurant to perform pest control services. While Montes was spraying the restaurant, he determined that he needed to use the bathroom. Montes entered a stall, and in the process of sitting down, his keys dropped out of his pocket. When Montes reached down and behind him to…