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JOHNSON v. SMITH

No. 13-01-013-CV.

88 S.W.3d 729 (2002)

Gregory Stewart JOHNSON, Appellant, v. Charles T. SMITH, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled October 24, 2002.

Attorney(s) appearing for the Case

Timothy Andrew Hootman, Houston, for Appellant.

Douglas P. Peterson, Linda C. Breck, Thomas F. Nye, Brin & Brin, Corpus Christi, for Appellee.

Before Justices DORSEY, YANEZ, and RODRIGUEZ.

OPINION

Opinion by Justice DORSEY.

This is the appeal from a summary judgment granted in favor of Charles T. Smith on the grounds that Gregory Stewart Johnston's claims for negligence against him were barred by Chapter 87 of the Texas Civil Practice and Remedies Code. While we hold that section 87.003 applies to immunize a person from the category of injuries within which Johnston's claims fall, we also hold that there remains a genuine issue of material...

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