County court grants Rule 91(a) motion, dismisses theft suit against Aldi

The Fort Bend County Court at Law No. 1 granted a Rule 91(a) motion to dismiss a civil suit alleging Aldi Inc. was responsible for the theft of a shopper's laptop and backpack.

David Olinger, counsel for the defendant, asked the court to dismiss the self‑filed petition, saying the pleadings contained factual inconsistencies about where the items went missing and that the plaintiff had not pleaded a viable claim of premises liability or foreseeability. Olinger explained on the record that the plaintiff's descriptions varied between leaving the items in a shopping cart in the parking lot and leaving them in an unlocked vehicle, undermining the pleaded cause of action. The judge granted the motion, stating on the record, "Your rule, 91 a, motion to dismiss is granted." The court instructed defense counsel to prepare a proposed order for filing.

The dismissal was entered for failure to state a cause of action on the face of the petition; the court noted the case had been dismissed previously in justice court. The plaintiff was not present in the courtroom at the time of the ruling. The judge excused defense counsel after noting the dismissal and directed that the court's order be prepared and filed.

No further proceedings were held on that matter during the docket session.