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G.M. HOUSER, INC. v. RODGERS

No. 05-05-01330-CV.

292 S.W.3d 87 (2007)

G.M. HOUSER, INC. d/b/a Houser Concrete Company and its Successors G.M. Houser, Ltd., and Houser Materials, L.L.C., Appellant, v. David E. RODGERS and Kim Rodgers, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 29, 2009.

Attorney(s) appearing for the Case

Charles Wade Arnold, Ryan Logan Valdez, Cantey & Hanger, L.L.P., Fort Worth, for Appellant.

D. Craig Brinker, James Giries, Henslee Fowler Hepworth & Schwartz, LLP, Dallas, for Appellee.

Before Justices WHITTINGTON, BRIDGES, and LANG.

OPINION

Opinion by Justice BRIDGES.

G.M. Houser, Inc. d/b/a Houser Concrete Company and its successors G.M. Houser, Ltd. and Houser Materials, L.L.C. (Houser) appeals the trial court's judgment in favor of David E. Rodgers and Kim Rodgers. In two issues, Houser argues the trial court erred in denying its motion for summary judgment and in submitting a negligence per se instruction to the jury. We affirm the trial court's judgment.

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