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Ford v. Alger

Supreme Court of Texas
Jun 15, 2007
228 S.W.3d 161 (Tex. 2007)

Summary

holding that ramp did not pose an unreasonable risk of harm as a matter of law

Summary of this case from Garcia v. Wal-Mart Stores Tex., L.L.C.

Opinion

No. 05-0722.

June 15, 2007.

Appeal from the 13th District Court, Navarro County, John H. Jackson, J.

Christopher J. Pruitt, John R. Lively Jr., Brown Pruitt Peterson Wambsganss, P.C., Fort Worth, for Petitioner.

Carl D. Tillery, Tillery Tillery, Dallas, for Respondent.


Connie Alger fell from a pedestrian ramp while visiting a car dealership and brought this premises liability action for the injuries she sustained. The trial court granted summary judgment in the premises owner's favor without specifying the ground. A divided court of appeals reversed, holding that fact issues existed as to the premises owner's actual or constructive knowledge of the condition, whether the condition posed an unreasonable risk of harm, and whether the premises owner failed to exercise reasonable care to reduce or eliminate the risk of harm. 169 S.W.3d 340. We hold that Alger presented no evidence of a premises condition that posed an unreasonable risk of harm, and reverse and render judgment in Brinson Ford's favor.

Connie Alger went to Brinson Ford, Inc. to pick up friends who were having work done on their car. Alger entered the dealership through a side entrance, but exited through the front door where a pedestrian ramp leads to the parking lot. Although there were handrails along most of the ramp as it sloped down to ground level, a small portion of the ramp extended beyond the handrails to the sidewalk. The highest point of this unrailed section was four inches above the sidewalk, and it was marked by yellow paint along the ramp's edges and around the parking space next to the ramp. The ramp is the dealership's main entrance, and Brinson Ford had no record that anyone had ever fallen from it in the nearly ten years between the business's opening and Alger's fall. Alger testified that when she reached the point where the handrails ended, she thought the ramp had ended too. When she turned to walk toward her car, Alger stepped off the unrailed portion of the ramp and fell.

Alger sued Brinson Ford alleging that the ramp's configuration was a premises condition posing an unreasonable risk of harm, Brinson Ford knew or should have known of the danger, and Brinson Ford failed to exercise ordinary care to protect her from it. The dealership filed a motion for summary judgment under sections (c) and (i) of Rule 166a of the Texas Rules of Civil Procedure. The motion asserted a number of grounds, including that there was no evidence of a premises condition that presented an unreasonable risk of harm; alternatively, Brinson Ford contended the evidence established as a matter of law that the condition of the premises did not pose an unreasonable risk of harm. In response to the dealership's motion, Alger submitted the affidavit of its safety engineering expert, Jack T. Madeley. Madeley's affidavit identifies the safety requirements of the Texas Accessibility Standards established by the Texas Department of Licensing and Regulation and the Standard Practice for Safe Walking Surfaces, and acknowledges that the ramp meets both sets of requirements. But Madeley opines that:

Available at http:/Avww.license.state.tx.us/ab/tas/tassection04-02 to 04-09.pdf.

AMERICAN SOCIETY FOR TESTING AND MATERIALS, Standard Practice for Safe Walking Surfaces, in the ANNUAL BOOK OF ASTM STANDARDS 2 (1996).

[t]he ramp in question is deceiving in appearance. The upper level of the ramp has railing down the sides. The lower part does not. This can give a visual cue indicating the ramp does not extend. The sides of the lower portion of the ramp where Ms. Alger fell was a varying slope along the side of the parking area. If the yellow stripping as seen in the photos was present at the time of the incident . . . [i]t would likely lead one to believe that it was to mark the edge of parking spaces.

Madeley's affidavit further concludes that the ramp was "unreasonably dangerous." The court of appeals held that this statement was conclusory and thus no evidence of a premises defect. 169 S.W.3d at 344. Alger does not challenge that holding here, and we give no weight to Madeley's legal conclusion.

The plaintiff in a premises liability case must establish that the premises owner knew or should have known of a dangerous condition on the premises that presented an unreasonable risk of harm and that the condition proximately caused the plaintiffs injuries. Seideneck v. Cal Bayreuther Assocs., 451 S.W.2d 752, 754 (Tex. 1970). The duty a premises owner owes to its invitees is not that of an insurer. CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 101 (Tex. 2000). That is to say, a condition is not unreasonably dangerous simply because it is not foolproof. Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 410 (Tex. 2006). A condition is unreasonably dangerous if it presents an unreasonable risk of harm. See Seideneck, 451 S.W.2d at 754.

We hold that, as a matter of law, the ramp at issue in this case did not pose an unreasonable risk of harm. The area of the ramp without handrails met applicable safety standards and was further outlined in yellow stripping that the dealership added, which is a common method used to indicate a change in elevation. The highest point of the downward-sloping unrailed portion of the ramp was four inches, less than the height of an average step. No other customer visiting the property over a ten-year period had ever been injured by the ramp, nor has the dealership received complaints about the ramp's safety. Thus, the trial court properly granted summary judgment in the dealership's favor, and the court of appeals erred in reversing the trial court's judgment. Accordingly, we grant the petition for review and without hearing oral argument pursuant to Rule 59.1 of the Texas Rules of Appellate Procedure, we reverse the court of appeals' judgment and render judgment for Brinson Ford.


Summaries of

Ford v. Alger

Supreme Court of Texas
Jun 15, 2007
228 S.W.3d 161 (Tex. 2007)

holding that ramp did not pose an unreasonable risk of harm as a matter of law

Summary of this case from Garcia v. Wal-Mart Stores Tex., L.L.C.

holding that a pedestrian ramp did not pose an unreasonable risk of harm as a matter of law

Summary of this case from United Supermarkets, LLC v. McIntire

holding that a ramp was not unreasonably dangerous as a matter of law despite expert testimony to the contrary

Summary of this case from United Supermarkets, LLC v. McIntire

holding car dealership's pedestrian ramp did not pose unreasonable risk of harm where evidence showed, among other things, that no other customer visiting property over ten-year period had ever been injured by ramp and dealership had received no complaints about ramp's safety

Summary of this case from Barlow v. Buc-ee's, Ltd.

holding pedestrian ramp was not unreasonably dangerous because it was outlined in yellow stripping, which was a common method to indicate elevation change

Summary of this case from Valentine v. ASA Holdings Real Estate Mgmt.

holding as matter of law no actual knowledge when over ten–year period no customer visiting car dealership had been injured by allegedly dangerous ramp, nor had dealership received any complaints about ramp's safety

Summary of this case from Rodriguez v. Cemex, Inc.

holding that ramp did not pose unreasonable risk of harm as matter of law because it not only met applicable safety standards but contained additional safety features, and there were no reports of injuries or complaints for previous ten years

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holding that pedestrian ramp was not unreasonably dangerous as a matter of law because, among other things, it met applicable safety standards and the premises owner had not received any complaints about the ramp's safety

Summary of this case from Duncan v. First Tex. Homes

holding pedestrian ramp was not unreasonably dangerous because it was outlined in yellow stripping, which was a common method to indicate elevation change

Summary of this case from Cohen v. Landry's Inc.

holding as a matter of law that ramp at entrance of car dealership did not pose an unreasonable risk of harm when, among other things, no customer had been previously injured by it and the dealership had not received prior complaints about its safety

Summary of this case from Zimmerman v. Farias

holding ramp into car dealership did not pose unreasonable risk of harm when it met safety standards, was outlined in yellow color, was lower to ground than a step, no other customers had been injured, and dealership had not received prior complaints about safety

Summary of this case from Zimmerman v. Farias

holding the trial court properly granted summary judgment in favor of the premises owner when the evidence showed no one had been injured by the condition in question, and the premises owner had received no complaints about the condition in question during a ten-year period

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holding that a ramp did not pose an unreasonable risk of harm as a matter of law because it not only met applicable safety standards but contained additional safety features, and there were no reports of injuries or complaints for the previous ten years

Summary of this case from Pitts v. Winkler County

holding as matter of law no actual knowledge when over 10-year period no customer visiting car dealership had been injured by allegedly dangerous ramp, nor had dealership received any complaints about ramp's safety

Summary of this case from Texas Southern Univ. v. Gilford

holding as a matter of law the ramp in that case did not pose an unreasonable risk of harm

Summary of this case from Brown v. Miguez

finding no unreasonable risk of harm where the ramp met safety standards and no injuries or complaints had occurred in prior ten years

Summary of this case from Jones v. Dollar Tree Stores

concluding ramp at car dealership was not unreasonably dangerous condition where it met applicable safety standards, was outlined in yellow striping, and no one other than plaintiff was injured falling off the ramp or had complained about its safety

Summary of this case from Smith v. Mohawk

recognizing that “yellow stripping . . . is a common method used to indicate a change in elevation”

Summary of this case from Ray v. United States

In Alger, the court found it persuasive that "[n]o other customer visiting the property over a ten-year period had ever been injured" in a manner similar to Plaintiff.

Summary of this case from Pina v. Tex. Roadhouse Holdings

In Brinson Ford, a woman visiting a car dealership fell when she stepped off a pedestrian ramp, and she sued the dealership for her injuries.

Summary of this case from Pay & Save, Inc. v. Canales

In Brinson Ford, a woman visiting a car dealership fell when she stepped off a pedestrian ramp, and she sued the dealership for her injuries.

Summary of this case from Pay & Save, Inc. v. Canales

In Brinson Ford, the court held as a matter of law that a pedestrian ramp did not pose an unreasonable risk of harm where it was clearly marked, no other injuries had occurred in the past, no other invitees had complained of the condition, and the ramp met applicable safety standards.

Summary of this case from Said v. Sugar Creek Country Club, Inc.

In Brinson Ford, "[t]he highest point of the downward-sloping unrailed portion of the ramp was... less than the height of an average step."

Summary of this case from Martin v. Chick-Fil-A

In Brinson Ford, the plaintiff stepped off a pedestrian ramp, mistakenly believing that the ramp ended when the ramp's railings ended.

Summary of this case from Martin v. Chick-Fil-A

noting that over a ten-year period no customer visiting the car dealership had been injured by the allegedly dangerous ramp, nor had the dealership received any complaints about the ramp's safety

Summary of this case from Williams v. Canpro Invs., Ltd.
Case details for

Ford v. Alger

Case Details

Full title:BRINSON FORD, INC., Individually and d/b/a Brinson Ford Lincoln Mercury…

Court:Supreme Court of Texas

Date published: Jun 15, 2007

Citations

228 S.W.3d 161 (Tex. 2007)

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