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ROSENTHAL v. GROCERS SUPPLY CO., INC.

No. 01-97-00325-CV.

981 S.W.2d 220 (1998)

Marc J. ROSENTHAL, Appellant, v. GROCERS SUPPLY CO., INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 16, 1998.

Attorney(s) appearing for the Case

Richard N. Countiss, Houston, for Appellant.

Brock C. Akers, Evelyn T. Ailts, Kevin G. Corcoran, Houston, for Appellee.

Before COHEN, O'CONNOR and WILSON, JJ.

OPINION

COHEN, Justice.

Marc Rosenthal sued Grocers Supply Company (Grocers) and others for negligence. Grocers was granted summary judgment. Rosenthal's claims against Grocers were severed, and Rosenthal appeals. We reverse and remand.

Facts

Grocers contracted with Tommy Cauley d/b/a T.C. Construction and Cauley Co., Inc. (Cauley) to clear a plot of land. Cauley hired Able Demolition to do the job. Bryant Ludke, an employee of Grocers...

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