HUNSUCKER v. OMEGA INDUSTRIES

No. 05-82-00426-CV.

659 S.W.2d 692 (1983)

Nancy T. HUNSUCKER, Appellant, v. OMEGA INDUSTRIES, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 26, 1983.


Attorney(s) appearing for the Case

Lee M. Taft, Carter, Jones, Magee, Rudberg, Moss, Dallas, for appellant.

John Marks, Jr., Strasburger & Price, James H. Moody, III, Strasburger & Price, Dallas, for appellee.

Before AKIN, WHITHAM and SHUMPERT, JJ.


AKIN, Justice.

Nancy Hunsucker, plaintiff, appeals from a summary judgment in favor of the defendant, Omega Industries. The principal question presented is whether proof of ownership of a vehicle causing an accident raises a legal presumption that the vehicle was being operated by an employee in the scope of his employment. We hold that it does. A second question is whether affidavits of interested witnesses, Omega's employees, may be relied upon for summary judgment...

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