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HOYT v. LANE CONST. CORP.

No. 18-10289.

927 F.3d 287 (2019)

Lindsey HOYT, Individually, and Independently as Administrator of the Estate of Jeffery Hoyt and as Next Friend of Joel Hoyt, Evan Hoyt, and Katie Hoyt; Patrick Hoyt, Plaintiffs-Appellants, v. The LANE CONSTRUCTION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 10, 2019.

Attorney(s) appearing for the Case

Richard Brent Cooper, Esq. , Diana L. Faust , Cooper & Scully, P.C., Dallas, TX, Lars Lee Berg , Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, for Plaintiffs-Appellants.

Brett Lee Myers , Irakli Shalolashvili , Wick Phillips Gould & Martin, L.L.P., Dallas, TX, Joseph Anthony Ziemianski , Cozen O'Connor, P.C., Houston, TX, for Defendant-Appellee.

Before JONES, HAYNES, and OLDHAM, Circuit Judges.

We must decide whether the district court erred by refusing to remand this case to state court. It did not. Next, we must decide whether the district court erred by granting summary judgment to the defendant. It did.

I.

On December 29, 2015, Jeffery Hoyt hit a patch of ice while driving on FM 2264...

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