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SCHMIDT v. CENTEX BEVERAGE, INC.

No. 3-91-100-CV.

825 S.W.2d 791 (1992)

Bennie SCHMIDT, Appellant, v. CENTEX BEVERAGE, INC., Capitol Beverage Co., Brown Distributing Co., and Shiner of Austin, Inc., Appellees.

Court of Appeals of Texas, Austin.

March 4, 1992.

Attorney(s) appearing for the Case

Dick Blankenship, Austin, for appellant.

Todd J. Knop, Bankston, Wright & Greenhill, Austin, for Centex Beverage, Inc., Coors of Austin, Inc. d/b/a Capitol Beverage Co., and Brown Distributing Co.

Tracy Walters McCormack, Akin, Gump, Strauss, Hauer & Feld, Austin, for Shiner of Austin, Inc.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

This is an appeal from a summary judgment granted against appellant, Bennie Richard Schmidt. On the evening of August 12, 1988, Schmidt trespassed onto the grounds of Austin Aqua Fest, an annual outdoor music festival, by crawling under a fence. He was confronted by a group of people, including Aqua Fest volunteers, and a struggle followed during which Schmidt's neck was broken, leaving him paralyzed. Schmidt claims that the volunteers who confronted...

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