WARREN V. MEDLEY 521 S.W.2d 137 (1975) CASE BRIEF

WARREN V. MEDLEY
521 S.W.2d 137 (1975)
NATURE OF THE CASE: Warren (P) appealed a summary judgment to Medley (D) in P's action for negligence.
FACTS: Ps went to a nightclub in Dallas where the entertainment was furnished by bare-breasted female 'go-go' dancers who performed upon a plexiglass covered platform in the club. Ps eventually went to D's home where he and his wife were entertaining another couple, Mr. and Mrs. John Reynolds, III. D and Reynolds said that P demonstrated the dance which she had seen at the club but this was denied by Mrs. Warren. Reynolds urged P to repeat her exhibition but she declined. Reynolds then grabbed her around the waist and placed her upon the top of the table where the poker game had been conducted. D knew it would not support the weight of an adult. A few seconds while pleading to be helped down, the glass top broke. P fell through the broken top and sustained injury to her leg from the broken shards. Ps sued D and Reynolds. The trial court sustained D's motion for summary judgment. P settled with Reynolds and appealed.

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