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William Toles, Fee, Smith, Sharp & Vitullo, LLP, Dallas, Texas  received a unanimous defense verdict representing John Cartwright and Cartwright’s Ranch House, LLC in District Court in Denton County, Texas.  The Kinsleys arrived at Cartwright’s for breakfast on May 15, 2013.  They parked in a handicap parking spot, as their vehicle had a handicap license plate and handicap placard.  Mr. Kinsley, utilizing a walker, successfully navigated the handicap curb ramp and sidewalk and entered Cartwright’s.  His wife walked behind him as he navigated the curb ramp and sidewalk.  When the Plaintiffs exited Cartwright’s, they chose to navigate to their vehicle using the curb and not the handicap curb ramp.  Mr. Kinsley, utilizing his walker, fell over the curb.  His wife fell on top of him.  Mr. Kinsley broke his neck and died four days later.  The Kinsleys filed suit alleging premises liability as well as violations of the Texas Human Resources Code and Texas Accessibility Standards Act.  Defendants claimed that the Texas Human Resources Code and Texas Accessibility Standards were not applicable, and the curb was an open and obvious condition.  The Kinsleys demanded One Million Dollars at mediation and $900,00 prior to trial.  The jury deliberated 41 minutes and found that the Defendants were not negligent.



Do you have a triumph to share? Send a brief summary and a recent photograph to Scott Salter at ssalter@starneslaw.com

 

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