Bradley v. Quality Service Tank Lines
Cases that cite this one
92 later published cases cite this decision. The 20 that cite it most often are listed here.
- Hopkins v. Highlands Insurance Co. (Tex. App. 1992)
- Professional Advantage Software Solutions, Inc. v. West Gulf Maritime Asociation Inc. (Tex. App. 2015)
- Engstrom v. First National Bank of Eagle Lake (Tex. App. 1997)
- Booth v. Cathey (Tex. App. 1995)
- Ceballos v. El Paso Health Care Systems (Tex. App. 1994)
- DeLuna v. Guynes Printing Co. of Texas (Tex. App. 1994)
- Vida v. El Paso Employees' Federal Credit Union (Tex. App. 1994)
- Gonzalez v. Avalos (Tex. App. 1993)
- Ice Bros., Inc. v. Bannowsky (Tex. App. 1992)
- Fielder v. State (Tex. App. 1985)
- Sakowitz, Inc. v. Steck (Tex. 1984)
- Velasquez v. Waste Connections, Inc. (Tex. App. 2005)
- Hernandez v. De La Rosa (Tex. App. 2005)
- Proctor v. White (Tex. App. 2005)
- Jim Reid v. Compass Group USA, Inc. D/B/A Chartwells School Dining Service (Tex. App. 2005)
- Lizeth Hernandez (Formerly Known as Lizeth Caro) v. Arturo N. De La Rosa (Tex. App. 2005)
- Horwood, Lonnie and David Lawrence Glass v. Wagner & Brown, Limited and Canyon Energy, Inc. D/B/A Canyon Pipeline Corp. (Tex. App. 2004)
- Raymond Telles D/B/A Telles Bail Bonds v. Leo Samaniego, in His Official Capacity as Sheriff of El Paso County, Texas (Tex. App. 2003)
- Rodriguez, Maria De Jesus v. Padin, Guadalupe M. (Tex. App. 2001)
- Al Gailani v. Riyad Bank Houston Agency (Tex. App. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This is a wrongful death suit brought by the surviving parent of an adult child. Pauline Bradley sought damages resulting from the death of her 25 year old daughter Rebecca Bradley Schaflander. The trial court granted Quality Service Tank Lines [Quality] and Terry L. Sivley [Sivley] a summary judgment based upon the absence of genuine issues of fact concerning Pauline *34 Bradley’s damages. The court of appeals affirmed. 654 S.W.2d 562.
Tex.R.Civ.P. 166-A requires'a defendant who moves for judgment on an essential element of the plaintiff’s case to establish that there exists no genuine issue of material fact on that element. The burden is on the movant to establish that he is entitled to judgment as a matter of law. Glenn v. Prestegord, 456 S.W.2d 901 (Tex. 1970). We find that defendants have not met their burden. The court of appeals improperly affirmed the summary judgment based upon the non-movant, Bradley’s, failure to establish a basis for the recovery of actual damages. Quality and Sivley failed to establish their right to judgment as a matter of law.
Therefore, pursuant to TEX.R.CIY.P. 483 we grant writ of error and without hearing oral argument reverse the judgments of the courts below and remand the cause for trial on the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.