Plaintiff’s Response to Defendant City of Arlington’s Motion for Summary Judgement and Brief in Support
Barnes v. City of Arlington and Crown Enterprises
This was a premises liability case where Heygood, Orr & Pearson represented the owner of a graphic design company who was driving around a curve in Arlington, Texas where his view was obstructed by overgrown trees and vegetation right next to the roadway. This vegetation blocked his view of an 18 wheeler pulling out from a parking lot just past the vegetation to the right. After rounding the corner and clearing the view obstruction, the owner of the graphic design company was confronted with an 18 wheeler stretched across both lanes. Unable to stop, he collided with the trailer of the 18 wheeler and he suffered significant injuries. Suit was filed against both the owner of the land on which the vegetation was located and also the City of Arlington since the vegetation was on a City dedicated right of way. The City of Arlington filed a motion for summary judgment seeking dismissal from the case claiming that they are entitled to governmental immunity. The below brief was filed by Heygood, Orr & Pearson in opposition to the motion.