MAREK v. TOMOCO EQUIPMENT CO.

No. C14-86-744-CV.

738 S.W.2d 710 (1987)

Donald M. MAREK, Appellant, v. TOMOCO EQUIPMENT COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 2, 1987.


Attorney(s) appearing for the Case

Merry Miller, Houston, for appellant.

D. Ferguson McNeil, Terrie S. Gerlich, Houston, for appellee.

Before SEARS, JUNELL and DRAUGHN, JJ.


OPINION

SEARS, Justice.

This is an appeal from a summary judgment granted in favor of Appellee in Appellant's personal injury suit. We hold there is no summary judgment evidence that the hole into which Appellant fell was the same trench dug by Appellee. Therefore, we affirm.

On July 8, 1983, Appellant rode his bicycle into an unmarked and unbarricaded trench in the street. Appellant sued the City of Friendswood, Mr. Tracy Spears, the general contractor...

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