STATE v. AIRGAS-MID SOUTH, INC.

No. 06-01-00174-CV.

83 S.W.3d 890 (2002)

STATE of Texas, Appellant, v. AIRGAS-MID SOUTH, INC., Appellee.

Court of Appeals of Texas, Texarkana.

Decided July 30, 2002.


Attorney(s) appearing for the Case

Hector J. Flores, Assistant Attorney General, Transportation Division, Austin, for appellant.

Bradley C. Poulos, Cantey & Hanger, Fort Worth, for appellee.

Before MORRISS, C.J., GRANT and ROSS, JJ.


OPINION

Opinion by Chief Justice MORRISS.

The State of Texas, by and through the Texas Department of Transportation, appeals the summary judgment granted in favor of Airgas-Mid South, Inc. The State sued Airgas-Mid South alleging Rickey Smith, acting within the course and scope of his employment with the Texas Department of Transportation, slipped and fell on a wet floor at Airgas-Mid South's business location. The State alleged that, because it made worker...

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