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SMITH v. MOODY GARDENS, INC.

No. 01-09-00359-CV.

336 S.W.3d 816 (2011)

Derek Scott SMITH, Appellant, v. MOODY GARDENS, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 17, 2011.

Attorney(s) appearing for the Case

Jennifer B. Hogan , Matthew E. Coveler , Richard P. Hogan Jr. , Hogan & Hogan, L.L.P, John Manuel Padilla , Natasha Sadeghian   De La Garza , Padilla, Rodriguez & De La Garza L.L.P., Houston, TX, for Appellant.

Kevin B. Finkel , Hill Kinkel & King, LLP, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

ELSA ALCALA, Justice.

This appeal concerns a skater who fell on an ice skating rink, purportedly due to a deep groove in the ice that had resulted from improper maintenance. The skater, appellant Derek Scott Smith, appeals a take-nothing judgment following a jury trial on his claim for breach of a statutory duty by the ice skating rink operator, appellee Moody Gardens, Inc., and a summary judgment dismissing his common law claims. In two issues,...

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