DIAZ v. ELLIOTT-WILLIAMS CO., INC.

No. 08-97-00117-CV.

974 S.W.2d 915 (1998)

Manuel DIAZ and Irma Julieta Diaz, Appellants, v. ELLIOTT-WILLIAMS CO., INC., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled September 23, 1998.


Attorney(s) appearing for the Case

Edward Dunbar, Dunbar, Barill, Crowley & Hegeman, L.L.P., El Paso, for appellant.

John C. Steinberger, Dudley, Windle & Stevens, El Paso, for appellee.

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


OPINION

LARSEN, Justice.

This appeal concerns the retention of control of a defendant over an independent contractor, thus creating a duty to exercise the retained control with reasonable care. In three issues, Manuel and Irma Julieta Diaz contend that the trial court erred in granting Elliott-Williams Co.'s motion for summary judgment. We reverse and remand.

STANDARD OF REVIEW

In a motion for summary judgment, the movant...

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