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BROOKS v. FIRST ASSEMBLY GOD CH. CLEBURNE

No. 10-01-270-CV.

86 S.W.3d 793 (2002)

Gertie Marlene BROOKS and Sam Roland Brooks, Appellants, v. FIRST ASSEMBLY OF GOD CHURCH OF CLEBURNE, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled September 25, 2002.

Attorney(s) appearing for the Case

Davis Purcell, Wells, Purcell & Kraatz, Fort. Worth, for appellants.

Sandra Liser, Sterling J. Elza, Brown, Herman, Dean, Wiseman, Liser & Hart, L.L.P., Fort Worth, for appellee.

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

OPINION

BILL VANCE, Justice.

After attending a night service at the First Assembly of God Church of Cleburne, Gertie Marlene Brooks fell in the parking lot and injured her face, knee, and back. Mrs. Brooks had stumbled over a "curb-stop" that bordered an empty parking space near the Church building; she claimed she could not see the stop because it was dark. The Church filed a summary-judgment motion contending that Mrs. Brooks could not recover her damages...

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