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POYNOR v. BMW OF NORTH AMERICA, LLC

No. 05-10-00724-CV.

383 S.W.3d 201 (2012)

Scott POYNOR and Kimberly Yvonne Miles Poynor, Individually and as Next Friend of Spenser Alexis Miles, A Minor, Appellants, v. BMW OF NORTH AMERICA, LLC and BMW (US) Holding Corp., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 29, 2012.

Attorney(s) appearing for the Case

John E. Sullivan , Law Offices of John E. Sullivan, Christy L. Denison , Kirk L. Pittard , F. Leighton Durham, III , Kelly, Kelly, Durham & Pittard, LLP, Dallas, TX, Peter Michael Kelly , Kelly, Durham & Pittard, LLP, Houston, TX, for Appellants.

Jose M. Luzarraga , Craig D. Dupen , Bowman and Brooke, LLP, Tanya B. Scarbrough , Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., Dallas, TX, for Appellees.

Before Justices BRIDGES, FITZGERALD, and LANG.

Opinion By Justice BRIDGES.

Appellants Scott and Kimberly Poynor, Individually and as Next Friend of Spenser Miles, a Minor, appeal the trial court's grant of summary judgment in favor of appellees BMW of North America, LLC ("BMW NA") and BMW (US) Holding Corp. ("BMW US"). In three issues, appellants contend: (1) the record contains sufficient evidence to raise a fact issue as to negligent undertaking by BMW NA; (2) the principles of respondeat superior apply to the...

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