TEXAS UPDATE!

 

By Chamberlain♦McHaney

 

TEXAS LAWYERS

 

Well, the anniversary of the third of June has come and gone once again, and our Tx/Up! investigative reporters have still not figured out why Billy Joe McAlister jumped off the Tallahatchie Bridge.  The inquiry continues.  Maybe next year.   

 

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TEXAS APPELLATE COURT TAKES ON SLIME AND MUD:  In case you did not already know, there is a legal distinction between slime and mud…according to one Texas appellate court.  LAST WEEK, the Houston [First District] Court of Appeals decided that, while a plaintiff could not recover money damages against a premises owner if he slipped and fell on “mud,” he could recover if he slipped and fell on “slime.”  Look, we don’t make this stuff up.  We just report it.

 

Leonard Eubanks went to Pappas Restaurant for a meeting.  While he was inside the restaurant, it rained for about 30 minutes.  As he left, he slipped on some substance in the parking lot and was injured.  (The opinion says nothing about whether Leonard had been drinking.  We suspect he could have been drinking a Mud Slide, one of our favorite libations).  

     

In any event, Leonard brought suit against the restaurant.  In his deposition, he testified that the substance was “just slimy mud.”  The restaurant filed a summary judgment motion which the trial court granted. Leonard appealed.

 

With laser accuracy, the appellate court boldly stated that “The central issue for us to resolve is whether a genuine issue of material fact exists as to whether the constitution of the substance upon which appellate slipped was slime or mud.”  The court said the distinction was of utmost importance because the Texas Supreme Court had previously ruled that dirt (and mud) in its ordinary state that has formed without the assistance of unnatural contact cannot be an unreasonably dangerous condition as a matter of law, citing M.O. Dental Lab v. Rape (Tex 2004).   But “slime” is not “mud” because the evidence showed that slime, unlike mud, “would take at least a few weeks” to form.  The court reversed, and remanded the case for trial.

 

One judge dissented and would hold under the facts of the case that “slime” and “mud” are the same and interchangeable.  Moreover, Webster’s Unabridged Dictionary defines “slime” as “thin, glutinous mud.”  Yikes!  Eubanks v Pappas Restaurants, Inc (TexApp- Houston [1^st Dist] 2006).

 

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TX/Up! Capitol Update:  Candidate for Texas Governor, Chris Bell, stated in a radio interview last week that he opposed building a 20 foot wall between Texas and Mexico.  Said the candidate:  “All that would do is create a market for 21 foot ladders.”  

 

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Tx/Up! Reader Satisfaction Survey:  We are proud to announce our survey reveals that our readers rate us above the threat of bird flue as a welcome addition to their lives.

 

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MARK YOUR CALENDAR NOW for our annual, full day, fully accredited seminar, ULTIMATE CLAIMS HANDLING XII, on Friday October 6, 2006 in Dallas, Texas.  While attending last year’s seminar, Tom Cruise jumped up and down on our couch yelling:  “I love it! I love it!  I love it!”  Registration materials will be available in August. 

 

    

Chamberlain♦McHaney is an A-V (Highest) Rated Firm and is listed in Best’s Directory of Recommended Attorneys.

 

David E. Chamberlain

Chamberlain♦McHaney

Austin & San Antonio

512.474.9124