When plaintiffs claim they were injured in a business establishment, they often attempt to sue as many individuals as possible in order to seek additional leverage for a settlement.
In a case recently decided by the Texas Court of Appeals, a plaintiff claimed that he slipped and fell at a branch of San Antonio-based grocery store chain H.E.B. Aside from suing the corporation, the plaintiff also sued four of its top executives. The executives moved to dismiss the lawsuit against them, arguing that H.E.B.’s corporate form shielded them from liability. The Texas Court of Appeals ruled in favor of the executives, noting that an individual cannot be held liable unless he or she “personally creates a dangerous situation that causes injury” or “directs or participates in a tortious act.” The court argued that the plaintiff was unable to provide proof that would support the claim that H.E.B.’s executives had an independent duty to the plaintiff beyond H.E.B.’s duty as a business.
The San Antonio attorneys at Chris Mayo Law Firm will fight for you and help you pursue financial compensation from those responsible for your personal injury accident. Seek our legal representation by calling our offices at (210) 899-5440.