Kelsi Piatkowski (Of Counsel-Houston, TX) and Servando Rivas (Associate-Houston, TX) scored a huge win on behalf of one of the nation’s largest hardware stores and Fortune 500 company. The plaintiffs brought claims against the client arising out of an alleged failure of a garden shopping cart that struck the foot of one of the plaintiffs. Plaintiffs alleged the incident caused plantar fasciitis for which the plaintiff underwent a surgical procedure and sought $4.3 million in damages. Kelsi and Servando moved for summary judgment on all claims, arguing that the client had no notice of the purported defects and therefore could not be held liable under Texas law. After a month of extensive briefing, the U.S. District Court for the Eastern District of Texas agreed with the client’s arguments and dismissed the entire case with prejudice.