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HERNANDEZ v. BRINKER INTERN., INC.

No. 14-07-00341-CV.

285 S.W.3d 152 (2009)

David HERNANDEZ, Appellant, v. BRINKER INTERNATIONAL, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

March 31, 2009.

Attorney(s) appearing for the Case

Collyn A. Peddie, Houston, for appellant.

Douglas T. Gosda, Charles Creighton Carr, II, Houston, for appellee.

Panel consists of Justices YATES, ANDERSON, and BROWN.

PLURALITY OPINION

JEFFREY V. BROWN, Justice.

David Hernandez appeals from the trial court's grant of Brinker International, Inc.'s summary-judgment motion based on Chapter 95 of the Texas Civil Practice and Remedies Code. We reverse and remand.

Facts and Procedural History

At the time of the events giving rise to this lawsuit, Brinker International, Inc., owned and operated a Chili's restaurant at 1040 W. Sam Houston Parkway in Houston...

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