Congratulations to attorney Meg Johnson and the Cox team for obtaining summary judgment in a central Texas ATV related case. Plaintiff was involved in an unfortunate accident while riding a rented ATV during a vacation. She alleged that the ATV malfunctioned and would not turn left, ultimately causing the crash. Plaintiff was airlifted from the scene with significant injuries. Plaintiff sued the seller, the rental company, and the property owners under theories of product defect, negligence (maintenance/inspection) and premises liability, respectively. Cox PLLC was called in to defend the seller, who had assembled and sold the ATV (per manufacturer instructions) months before the accident. After overcoming a number of logistical hurdles, the Cox team was able to push the matter through to a summary judgment hearing involving Chapter 82 of the Texas Civil Practice and Remedies Code (the “non-manufacturing seller” defense). The Court found no evidence of product defect and no evidence of any seller modification requisite to overcome the Chapter 82 defense. Summary judgment was granted in favor of the Defendant seller, and our client was spared the time and expense of undergoing a full trial. Dispositive motions have become somewhat of a rarity in Texas in the past few years, so we congratulate Meg and celebrate this decisive win for our client.
