McNAMARA v. MATHIS

No. 10-99-063-CV.

39 S.W.3d 619 (2000)

Hershel Helen McNAMARA, Individually and as Independent Executor of the Estate of Paul Tom McNamara, Appellants, v. Coy Blann MATHIS, et al., Appellees.

Court of Appeals of Texas, Waco.

Opinion Granting Rehearing January 10, 2001.


Attorney(s) appearing for the Case

J. Robert Sheehy, Waco, for appellants.

Jerry P. Campbell, John P. Palmer, Keith C. Cameron, Naman, Howell, Smith & Lee, P.C., Waco, for appellees.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

GRAY, Justice.

This is an appeal from a judgment granting a motion for summary judgment. The motion was based on the grounds that Coy Mathis was not an employee of Limestone Products Distribution, Inc. or in the alternative, that he was not in the course and scope of his employment at the time of the incident which is the basis of this suit. We are asked to determine if the summary judgment motion, pleadings and evidence established either defense...

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