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RODRIGUEZ v. MOTOR EXP., INC.

No. 13-93-174-CV.

909 S.W.2d 521 (1995)

Jerry and Irma RODRIGUEZ, Appellants, v. MOTOR EXPRESS, INC., Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled November 22, 1995.

Attorney(s) appearing for the Case

Carlos Quintana, Keith C. Livesay, McAllen, for appellants.

Robert L. Guerra, Thornton, Summers, Biechlin & Dunham, McAllen, Edward C. Mainz, Jr., Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, Harvey Ferguson, Jr., Omar S. Rivero, Chaves, Gonzalez & Rodiguez, Corpus Christi, for appellee.

Before SEERDEN, C.J., and KENNEDY and DORSEY, JJ.

OPINION

SEERDEN, Chief Justice.

Appellants, Jerry and Irma Rodriguez, appeal from a summary judgment granted in favor of appellee, Motor Express, Inc. By a single point of error, appellants allege the trial court erred by granting summary judgment. We affirm in part and reverse and remand in part.

Factual and Procedural Background

Jerry Rodriguez narrowly escaped from being hit by a speeding car, but he witnessed

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