Siegligence Case Study

In this negligence case brought by a former tenant Rosetta Taylor, the Defendants Vista Views Leasing Properties Inc., d/b/a Park Bluff Apartments move for summary judgment on plaintiff’s claim of negligence and breach of duty. The defendants move for summary judgment based on an affirmative pleading of the defense of the statute of limitations. Tex. R. Civ. P. 94; Tex. Civ. Prac. & Rem. Code § 16.003(a) (West 2002). Defendants contend that the statute of limitations has run and bars any and all claims. Plaintiff contends that the statute of limitations has not run due to misnomer and misidentification that the statute of limitations is tolled and does not apply as any amended petition relates back to the date of the original petition. Defendant
v. Perez, 819 S.W.2d 470, 471 (Tex. 1991). Defendants offer that there is no such duty owed to the plaintiff and that as a matter of law this element is negated. Under, Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998) defendant will demonstrate there is lack of proximity, recency, frequency, similarity, and publicity of crimes. This lack of factors offers that there is no evidence to support the element of
From then and until she moved out at the end of her last apartment lease at Park Bluff on June 30, 2013, she performed or substantially performed all of her obligations under her lease. At all times during which Taylor was a resident of the Park Bluff Apartments, Vista Views Leasing Properties Inc., owned and managed the apartments. (Pl.’s 1st Am. Pet., 3.)
On Saturday January 21, 2012, suffered a personal injury which accrued a cause of action. Plaintiff did not file any suit with the court until January 14, 2014. (Pl.’s Original Pet., 1). After filing, Defendant Vista Views Property informed in writing of a defect of parties. (Def.’s Original Answer, 1). It was at this time plaintiff realized a defect of parties. Plaintiff filed an amended petition on February 18, 2014 which changed the defendants to Vista Views Leasing Properties Inc., This amended petition also nonsuited previous defendants. (Pl’s 1st Am. Pet., 1, February 18, 2014). It was at this time Defendants responded with original answer. (Def.’s Original Answer March 14, 2014). On March 27, 2014 Pierce Connery, president of Vista Views Leasing Properties Inc., stated that he received no notice of lawsuit until mid-February. He further stated that the nature of his job and in the normal course of employment would ensure that he received notice immediately after service