No facts, no continuance, no error.

April 12, 2018

Stephens slipped and fell outside a Wal-Mart. He sued, Wal-Mart sought summary judgment based on his admissions about the cause of his fall, and Stephens then asked for a continuance to conduct more discovery. The Fifth Court affirmed judgment for Wal-Mart, observing that Stephens’s continuance motion (1) “does not identify any evidence he is seeking to discovery that would make his case an exception to th[e] rule” that a premises owner is not liable for injury caused by natural accumulation of precipitation, and (2) “fails to explain why he did not seek to take any depositions in the two months” between the designation of Wal-Mart’s knowledgeable employees and the summary judgment hearing, other than an “unsubstantiated reference to his counsel’s ‘litigation schedule.'” Stephens v. Wal-Mart Stores, No. 05-17-00434-CV (Apr. 11, 2018) (mem. op.)