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HOLMES v. OTTAWA TRUCK, INC.

No. 08-96-00290-CV.

960 S.W.2d 866 (1997)

Billy Joe HOLMES, Appellant, v. OTTAWA TRUCK, INC., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 20, 1998.

Attorney(s) appearing for the Case

Rodrigo V. Ramos, El Paso, Jeff Pownell, Houston, for Appellant.

Larry W. Hicks, Hadley A. Huchton, Hicks & Lucky, P.C., El Paso, for Appellee.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

BARAJAS, Chief Justice.

This is an appeal from the granting of a summary judgment. We reverse the judgment of the trial court and remand the cause to the trial court for proceedings not inconsistent with this opinion.

I. SUMMARY OF THE EVIDENCE

A. Procedural History

Appellant-Plaintiff, Billy Joe Holmes, filed his lawsuit against Southern Pacific Transportation Company and Ottawa Truck, Inc....

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