He noted that the city was trying to “consolidate” the case to the 107th state District Court with Judge Benjamin Euresti Jr." This statement was a clear indication of the city's strategy.
The city wants Noe Garza to control the personal injury case filed by Judge Gabby Garcia's son, Jorge Javier Pedraza after an alleged stabbing, and the bar closing case. The claim, which will need to be verified in court, is Pedraza entered the fight to help another person.
So, this is how it works. Ben Euresti, the current judge of the 107th, until January 2027, will find the bar violated the code, if the cases are consolidated. I do not see how it drags on to January, but that decision could end with Noe Garza. I read somewhere a new visiting judge has been assigned to the bar case, (in the 357th Judicial District Court) but there is no indication of same on the docket sheet.
After Judge Euresti or Noe Garza find the bar violated the code, Pedraza's attorney uses that finding as a basis for liability by the owner of the parking lot and bar.
WHAT IS THE LAW IN PERSONAL INJURY ON PROPERTY
The law is pretty basic as to property liability. The lead case, some 30 years old or older is simple. If you slip on a strawberry at the grocery store, and fall, the grocery story is not liable unless, 1- they had adequate time to know the strawberry was on the floor, or someone told them, or 2- they knew the display was such strawberries would fall to the floor.
In the case of the parking lot, the nature of the beast put the owners on notice fights were possible thereby making them possibly liable for want of proper security, or security was added and could not break up the fight in time based on how long the owners knew of the fight. If the facts show security immediately rushed the fight, the owner should be in good shape. In the latter case if it can be shown security was doing nothing and just watching the fight, liability could attach.
BUT NOW THE FACTS
The learned jurist Gabby Garcia claims that the owners had a duty to stop her underaged son, for drinking purposes, from entering the fight voluntarily and should therefore be held liable for her son's decision to enter the fight.
Because Pedraza was hospitalized lab work may show if he had alcohol in his system.
The social media reports say nothing to indicate Pedraza was an innocent bystander. Even then if you stand around to watch a fight and get dragged into it, that is on you for standing around in a dangerous environment.
The facts reported in social media if true should result in the Pedraza case being tossed. You cannot walk into a fight, even to help a 3rd party, and then blame the property owners for your injury.
NOE GARZA SHOULD ANNOUNCE NOW ONCE HE TAKES THE BENCH HE WILL HAVE NOTHING TO DO WITH THE PERSONAL INJURY CASE OR THE BAR CLOSING CASE
I want to make clear, this post is based on Will Trevino stating the city has a strategy which includes consolidating the two cases. Will Trevino certainly knows a win for the city could mean millions for Gabby Garcia's son, Pedraza.
This stinks to high heaven, and everyone knows it now that the story is out.
So, let's get straight how this works, Art McDonald in my case can recuse himself on his own motion without any reason, but Ben Euresti and Noe Garza can stay in a case which benefits the son of a fellow judge.
This story is developing.
I am not disclosing how I know Pedraza is Gabby Garcia's son. When dealing with a judge there are security issues which should be considered in your reporting.
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