Fifth Court of Appeals reverses summary judgment dismissal, sends negligence lawsuit back to trial court
DALLAS – A lawsuit on behalf of a woman who was injured during a 2017 stay at the Super 8 hotel in Addison can proceed, according to the Fifth Court of Appeals in Dallas.
The appellate ruling reverses the original trial court’s summary judgment that the lawsuit lacked standing and that the statute of limitations had expired after plaintiff Morgan Mason filed for bankruptcy, which required her lawsuit to be refiled by her bankruptcy estate.
The ruling stems from a lawsuit by Ms. Mason seeking damages for negligence after she suffered a head injury when a bathtub floor shifted while she was taking a shower, causing her to lose her balance, fall and hit her head. According to the lawsuit, Ms. Mason suffered severe and permanent injuries.
According to the appellate ruling, Ms. Mason had constitutional standing to bring her claims, and the amended motion filed by her bankruptcy estate trustee related to that original claim. The court ruled the trial court made an error and reversed the summary judgment ruling, allowing the lawsuit to proceed.
The case is Christopher J. Moser, Trustee of the Estate of Morgan Mason v. Dillon Investments, LLC. D/B/A Super 8 Addison, on appeal from 160th Judicial District Court in Dallas County, Case No. DC-19-08603.
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