Bernis Hickman v. PKD, Incorporated, D/B/A Total Systems Contracting, Inc.
Bernis Hickman v. PKD, Incorporated, D/B/A Total Systems Contracting, Inc.
Opinion
Affirmed and Memorandum Opinion filed June 14, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-06-00117-CV
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BERNIS HICKMAN, Appellant
V.
PKD, INCORPORATED D/B/A TOTAL SYSTEMS CONTRACTING, INC., Appellee
On Appeal from the 190th District Court
Harris County, Texas
Trial Court Cause No. 01-50712A
M E M O R A N D U M O P I N I O N
Appellant Bernis Hickman was exiting a freight elevator when the elevator gate allegedly struck him on the head. He sued the elevator maintenance and repair company, appellee PKD, Inc. d/b/a Total Systems Contracting, Inc., for negligence. In a single issue on appeal, Hickman argues that the trial court erred in granting PKD=s motion for summary judgment; however, he did not ask the clerk of the trial court to include the motion in the record on appeal.
As the appellant, Hickman bears the burden to present a record sufficient to show reversible error. See Tex. R. App. P. 33.1(a), 34.5(b); Enter. Leasing Co. of Houston v. Barrios, 156 S.W.3d 547, 549 (Tex. 2004). Absent a complete record of the relevant material considered by the trial court, we must assume that the omitted documents support the trial court=s judgment. See Barrios, 156 S.W.3d at 549B50; DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 689 (Tex. 1990). Accordingly, we presume that PKD=s summary judgment motion and evidence support the trial court=s judgment, and we overrule Hickman=s sole issue. Because the record offers no basis on which to reverse, we affirm the trial court=s judgment.
/s/ Eva M. Guzman
Justice
Judgment rendered and Memorandum Opinion filed June 14, 2007.
Panel consists of Justices Frost, Seymore, and Guzman.
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