Unreported / Non-Citable
Background
The plaintiffs sued Marmaxx Operating Corporation, doing business as T.J. Maxx, and The TJX Companies after an incident at a T.J. Maxx store resulted in a customer’s death. They asserted premises-liability, negligence, wrongful-death, and survival claims.
The U.S. District Court for the Southern District of Texas granted summary judgment to the defendants. The plaintiffs, proceeding pro se on appeal, challenged that judgment in the Fifth Circuit.
The Court’s Holding
The Fifth Circuit affirmed. It held that the plaintiffs abandoned their negligence, wrongful-death, and survival claims because their appellate briefing did not specifically challenge the district court’s dismissal of those claims. They likewise abandoned their theory involving an allegedly defective metal rack. Although courts liberally construe pro se briefs, pro se litigants must still brief an argument to preserve it.
After reviewing the summary-judgment record, the court also concluded that the plaintiffs failed to establish the required elements of a premises-liability claim under Texas law. The court therefore affirmed the district court’s judgment and denied the plaintiffs’ motion for appointment of counsel.
Key Takeaways
- Appellants abandon claims and theories when they fail to brief a specific challenge to their dismissal.
- Pro se status does not excuse an appellant from preserving arguments through adequate briefing.
- The summary-judgment record did not establish the required elements of the plaintiffs’ Texas premises-liability claim.
Why It Matters
The decision underscores that an appeal must directly address each adverse ruling the appellant seeks to overturn. Liberal construction of a pro se filing does not permit the court to supply arguments that the litigant did not brief.
It also illustrates that surviving summary judgment on a Texas premises-liability claim requires evidence supporting each required element; the Fifth Circuit concluded that the record here did not do so.