Highland Threads Case Study

Defendant Highland Threads, Inc. files its No-Evidence Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc.

I.

DEFENDANT HIGHLAND THREADS’ NO-EVIDENCE

MOTION FOR SUMMARY JUDGMENT

This is a wrongful death/survivorship suit, which allegedly arises from accident that occurred on May 12, 2012; Plaintiff’s decedent, Mr. Waggoner, allegedly fell and struck his head against a wall caused by an allegedly faulty chair. Approximately four months later, the decedent began to complain of severe dizziness and nausea. The decedent died shortly thereafter. Plaintiff alleges negligence and gross negligence claims against Highland Threads, Inc. (hereinafter “Highland Threads”). Plaintiff alleges that Highland Threads supplied the chair to Mr. Waggoner and that Highland Threads should have been aware of issues with the chair it supplied for the security

The components of proximate cause are cause in fact and foreseeability. Both of these elements must be established in order for liability to attach. These elements cannot be established by mere conjecture, guess, or speculation. Plaintiff has provided no evidence to establish causation as a matter of law. The test for cause in fact is whether the alleged negligence was a substantial factor in bring about the injury and without such injury the harm would not have occurred. “Substantial” means that the defendant’s conduct has such an effect in producing the harm as to lead the reasonable person to regard it as the