08/28/2026
Defense win for our client Ross Stores!
Judge David S. Morales of the U.S. District Court for the Southern District of Texas granted summary judgment on all claims in Gonzalez v. Ross Stores, Inc., dismissing a premises liability, negligence, and gross negligence suit and taking an October trial in Corpus Christi off the calendar.
The case arose when a ladder leaning against a storage room wall tipped over after the plaintiff pushed the door open into it. The Court held that the ladder, including the fact that it was unsecured, was an open and obvious condition as a matter of law, so Ross owed no duty to warn or make safe.
Two takeaways for premises liability practitioners and claims professionals:
The Court distinguished the Texas Supreme Court's Los Compadres Pescadores decision. Unlike an energized power line, whose danger is inherently concealed, a leaning ladder presents a plainly observable hazard, even if the plaintiff says she did not see it.
We also briefed the Texas Supreme Court's recent decision in JMI Contractors v. Medellin, which recognized that independent contractors who enter a premises to perform work are uniquely positioned to guard against hazards they encounter there. It is a decision worth knowing for anyone defending premises cases in Texas.
Congratulations to Ryan Cantú, who argued the motion, Riley Caraway, who briefed and worked up the case, and Maddison Decker and Jen Daves for their excellent work from start to finish.
Proud of this team. This is why we do what we do: Your Shield in the Courtroom.
