Court of Civil Appeals of Texas, 2022

Francisco Javier Garza, Jr. v. Fred Andrew Pullen, and America Midwest Transportation LLC

Francisco Javier Garza, Jr. v. Fred Andrew Pullen, and America Midwest Transportation LLC
Court of Civil Appeals of Texas · Decided July 20, 2022

Francisco Javier Garza, Jr. v. Fred Andrew Pullen, and America Midwest Transportation LLC

Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-21-00201-CV Francisco Javier GARZA, Jr., Appellant v. Fred Andrew PULLEN and America Midwest Transportation LLC, Appellees From the 79th Judicial District Court, Brooks County, Texas Trial Court No. 18-12-17880-CV Honorable Richard C. Terrell, Judge Presiding BEFORE CHIEF JUSTICE MARTINEZ, JUSTICE CHAPA, AND JUSTICE WATKINS In accordance with this court’s opinion of this date, the trial court’s judgment is AFFIRMED IN PART. Specifically, we AFFIRM the trial court’s summary judgment as to appellant’s gross negligence and premises liability claims. The remainder of the trial court’s judgment is REVERSED. We REMAND appellant’s negligence claim against appellees to the trial court for further proceedings.

We further ORDER that the parties shall bear their own costs of this appeal.

SIGNED July 20, 2022.

_____________________________ Rebeca C. Martinez, Chief Justice

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