In a recent order (pdf copy here) in Salinas v. Wal-Mart Stores, Judge Lindsay granted Wal-Mart’s motion to dismiss. Salinas had sued Wal-Mart, claiming that she slipped and fell in one of Wal-Mart’s Dallas stores, and that Wal-Mart’s negligence was to blame. Wal-Mart’s motion to dismiss asserted that Salinas’ complaint failed to state a claim because she filed suit more than two years after the incident occurred, and, accordingly, her suit was barred by Texas’ two year statute of limitations for personal injury cases. Judge Lindsay agreed, finding that Salinas filed her complaint five days late.
Judge Lindsay noted that Salinas did not file a response to Wal-Mart’s motion to dismiss.
Wal-Mart was represented by Ramona Martinez and Stacy Hoffman Bruce, both of Cobb Martinez Woodward PLLC.