City of Houston v. Rose Savage
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledOctober 2, 2026
Docket01-24-00768-CV
StatusPublished
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Full Opinion
Opinion issued October 2, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-24-00768-CV
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CITY OF HOUSTON, Appellant
V.
ROSE SAVAGE, Appellee
On Appeal from the 189th District Court
Harris County, Texas
Trial Court Case No. 2023-09965
MEMORANDUM OPINION
In this interlocutory appeal,1 appellant, City of Houston (“the City”), appeals
the trial court’s order denying its motion for summary judgment based on
1
See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8); see also Thomas v. Long,
207 S.W.3d 334, 338–40 (Tex. 2006) (stating summary judgment motion
challenging trial court’s subject matter jurisdiction is subsumed under Texas Civil
governmental immunity on the premises liability claim brought by appellee, Rose
Savage (“Savage”), under the Texas Tort Claims Act (“TTCA”).2 In two issues, the
City contends that the trial court erred in denying its motion because (1) the City, as
the lessor of the premises, owed no legal duty to Savage, and (2) Savage, as a
licensee of the property, was required, but failed, to allege that the City had actual
knowledge of the purported defective condition or that it was grossly negligent.
We affirm.
Background
Savage filed suit against the City, United Airlines, Inc. (“United”), and Kone,
Inc. d/b/a Kone Elevators and Escalators (“Kone”), alleging that she sustained
injuries in a terminal at George Bush Intercontinental Airport (“IAH”) when the
escalator she was on abruptly stopped and restarted, throwing her backward and
causing her to strike her head.3 Savage asserted a premises liability claim against
the City, alleging that (1) it owned or was otherwise in control of the premises;
(2) the escalator was a condition that posed an unreasonable risk or harm; (3) the
Practice and Remedies Code section 54.014(a)(8)); City of Houston v. Garza, No.
01-18-01069-CV, 2019 WL 2932851, at *3 (Tex. App.—Houston [1st Dist.] July 9,
2019, no pet.) (mem. op.) (“When a governmental unit asserts immunity in a motion
for summary judgment, a court of appeals has jurisdiction to review an interlocutory
order denying summary judgment.”).
2
See TEX. CIV. PRAC. & REM. CODE ANN. §§ 101.001–101.109.
3
United and Kone are not parties to this appeal.
2
City knew or should have known of the condition; (4) the City had a duty to exercise
ordinary care to ensure the premises did not present a danger to her; (5) the City
breached its duty; and (6) its breach proximately caused her injury.
The City answered, generally denying the allegations in Savage’s petition and
asserting governmental immunity among other defenses.
The City filed its “Second Traditional Motion for Final Summary Judgment
on Governmental Immunity.”4 The City argued that (1) it was not liable for the
condition of the premises in question because Savage’s alleged injury occurred in
Terminal B, which is primarily leased and maintained by United, and on an escalator
in Terminal B that was maintained by United through its maintenance subcontractor,
Kone; (2) subject to exceptions not applicable, the City, as lessor, owed no duty to
invitees or licensees, such as Savage, for dangerous conditions on the leased
premises; and (3) it did not employ Kone in any capacity and was therefore not
responsible for its actions or inaction. The City attached several exhibits in support
of its motion.
In her summary judgment response, Savage argued that the City’s assertion
that it owed her no duty failed because there was no evidence that a lease agreement
or other document governing the area in question at the time of the incident existed
4
The trial court denied the City’s previous combined motion for no-evidence and
traditional summary judgment based on governmental immunity.
3
or negated the possibility that the City retained control or shared responsibility over
the premises. In the alternative, Savage requested a continuance to allow her to
depose a corporate representative of United and/or the City regarding the issue of
control because United’s discovery responses directly contradicted the position
taken by the City in its summary judgment motion.5
The trial court denied the City’s motion for summary judgment without
specifying its reasons.
Failure to Challenge All Grounds
In its brief on appeal, the City argues that the trial court erred in denying its
summary judgment motion because it lacked jurisdiction over Savage’s premises
liability claim for two reasons. First, the City asserts that it leased the premises in
question to United and therefore owed no duty of care to Savage. Alternatively, it
argues that Savage, as a licensee of the property, was required, but failed, to allege
that the City had actual knowledge of the purported defective condition or that it was
grossly negligent.
5
Savage asserted in her response that because United’s responses to her first set of
interrogatories directly contradicted the City’s assertion that it had relinquished
control of the escalator in question to United, she served a second set of discovery
requests on United seeking to resolve the issue of control over the escalator. Savage
attached United’s responses to the second set of discovery in which it again
responded that the City retained control over the escalator at the time of the incident.
Thus, Savage’s request for a continuance was supported by verified evidence.
4
An appellant must attack “all independent bases or grounds that fully support
a complained-of ruling or judgment.” Britton v. Tex. Dep’t of Crim. Just., 95 S.W.3d
676, 681 (Tex. App.—Houston [1st Dist.] 2002, no pet.). If an independent ground
fully supports the complained-of order or judgment, but the appellant assigns no
error to that independent ground, an appellate court must accept the validity of the
unchallenged independent ground and thus any error in the grounds challenged on
appeal is harmless because the unchallenged independent ground fully supports the
complained-of order or judgment. Andrews v. Hayman, No. 01-23-00038-CV, 2024
WL 234413, at *5 (Tex. App.—Houston [1st Dist.] Jan. 23, 2024, no pet.) (mem.
op.); Britton, 95 S.W.3d at 681. Under Texas Rule of Civil Procedure 166a(d)(3), a
trial court has discretion to deny a motion for summary judgment to allow the
nonmovant additional discovery. See TEX. R. CIV. P. 166a(d)(3); City of Houston
v. Crumpton, No. 14-25-00782-CV, 2026 WL 1506265, at *2 (Tex. App.—Houston
[14 Dist.] May 28, 2026, no pet.) (mem. op.).
Here, the trial court did not state the basis for its denial of the City’s motion,
and thus, the City needed to challenge each possible ground for the adverse ruling.
See Britton, 95 S.W.3d at 681. In its brief on appeal, the City does not address
Savage’s request for a continuance to obtain discovery. Because the City does not
address or argue error with respect to one of the asserted grounds that could have
supported the trial court’s order, and because we must affirm the denial of a summary
5
judgment motion if it can be sustained on any ground relied upon by the trial court,
we hold that the trial court did not err in denying the City summary judgment. See
City of Houston v. Rousseau, No. 14-25-00335-CV, 2026 WL 1691230, at *1 (Tex.
App.—Houston [14th Dist.] June 11, 2026, no pet.) (mem. op.) (affirming trial
court’s order denying City’s motion for summary judgment based on governmental
immunity in slip-and-fall case because City’s appellate brief did not address other
arguments presented in appellee’s summary judgment response, including request
for continuance to obtain discovery, and therefore failed to challenge each possible
ground for adverse ruling); Crumpton, 2026 WL 1506265, at *2 (affirming trial
court’s order denying City’s motion for summary judgment based on governmental
immunity in premises liability suit because City did not address appellee’s argument
in summary judgment response regarding need for discovery and therefore failed to
challenge on appeal all possible bases for trial court’s ruling); City of Houston v.
Henderson, 731 S.W.3d 667, 672 (Tex. App.—Houston [14th Dist.] 2026, no pet.)
(affirming trial court’s judgment denying City’s motion for summary judgment
based on governmental immunity because City failed to address in its opening brief
nonmovant’s argument that discovery was substantially incomplete). We overrule
the City’s first and second issues.
We dismiss all pending motions as moot.
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Conclusion
We affirm the trial court’s order.
Kristin M. Guiney
Justice
Panel consists of Chief Justice Adams and Justices Guiney and Johnson.
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