OPINION
MURRAY, Justice.
Joe C. Figueroa and wife, Dolores Figueroa, appellants, filed this suit against Robert Santos for the wrongful death of their son, Joe C. Figueroa, Jr. Joe C. Figueroa, Jr., was a passenger in an automobile driven by appellee, Robert Santos, when it collided with a train in San Antonio. Appellee filed a motion for summary judgment alleging
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