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CHAVEZ v. KANSAS CITY SOUTHERN RY. CO.

No. 15-0717.

520 S.W.3d 898 (2017)

Luz CHAVEZ, Individually, as Representative of the Estates of Rudolph Chavez, Sr. (Deceased) and Rudolph Chavez, Jr. (Deceased), and as Next Friend of J. C., a Minor, Darlene Chavez, Allen Chavez, Francisco Chavez, and Celia Chavez, Petitioners, v. KANSAS CITY SOUTHERN RAILWAY COMPANY and Jose Juarez, Respondents.

Supreme Court of Texas.

Opinion delivered: May 26, 2017.

Attorney(s) appearing for the Case

Mark Alvarado , Law Office of Mark Alvarado, Austin, for Petitioners.

Merritt M. Clements , Strasburger & Price, LLP, San Antonio, Donato D. Ramos , Law Offices of Donato D. Ramos, P.L.L.C., Laredo, for Respondents.

At trial, a presumption operates to establish a fact until rebutted, Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 80-81 (Tex. 2000), but not in summary judgment proceedings, Missouri-Kansas-Texas R.R. Co. v. City of Dallas, 623 S.W.2d 296, 297-98 (Tex. 1981...

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