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JACK IN THE BOX, INC. v. SKILES

No. 05-0911.

221 S.W.3d 566 (2007)

JACK IN THE BOX, INC., Petitioner, v. Wade SKILES, Respondent.

Supreme Court of Texas.

Rehearing Denied June 8, 2007.

Attorney(s) appearing for the Case

Jerry Fazio and Jason Eric Kipness, Owen & Fazio, P.C., Dallas, for Petitioner.

Art Brender and Jason C.N. Smith, Law Offices of Art Brender, Fort Worth, for Respondent.

PER CURIAM.

Wade Skiles injured his knees when he climbed up and jumped over a broken lift gate on the back of his employer's truck. He sued his employer, Jack in the Box, Inc., for negligence. Jack in the Box asserted, among other defenses, that it owed no duty to warn Skiles of obvious dangers and moved for summary judgment. The trial court granted the motion, but the judgment was reversed by the Fifth Court of Appeals, which remanded the case for

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