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BELEHU v. LAWNICZAK

No. 14-13-00619-CV.

437 S.W.3d 913 (2014)

Asnake T. BELEHU, Appellant v. Carolyn LAWNICZAK, Individually and as Independent Administratrix of the Estate of Daniel J. Lawniczak, Deceased, Appellee.

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

July 15, 2014.

Attorney(s) appearing for the Case

Lynne Liberato , Glenn J. Fahl , William Feldman , Kent Rutter , Houston, for Appellant.

Alexander Klein III , Joseph Todd Trombley , Myriam Klein Legge , Houston, for Appellee.

Panel consists of Chief Justice FROST and Justices JAMISON and WISE.

OPINION

KEM THOMPSON FROST, Chief Justice.

In this permissive interlocutory appeal from the trial court's denial of the defendant's traditional motion for summary judgment, we consider whether the defendant conclusively proved his entitlement to immunity or limitation of liability based upon Texas Transportation Code section 452.056(d). Concluding he did not, we affirm the trial court's order denying his motion.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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