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eBook details

• Title: Roth V. Ffp Operating Partners
• Author : Texas Court of Appeals
• Release Date : January 24, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Appellants Glenda Roth and Richard Whatley present this appeal from a summary judgment rendered upon appellee FFP Operating Partners, L.P. d/b/a Drivers Travel Mart's no-evidence motion. Ronnie Whatley, Roth and Whatley's son, was killed when the vehicle in which he was a passenger collided with a tractor/trailer truck after it exited a truck stop operated by Drivers Travel Mart. By nine issues, Roth and Whatley contend trial court error in granting summary judgment and in overruling their special exceptions to the no-evidence motion. These issues require that we determine (1) whether the motion for summary judgment complied with Rule 166a(i) of the Texas Rules of Civil Procedure, *fn1 (2) whether a duty exists to the motoring public using the highway abutting the truck stop, and (3) whether Roth and Whatley presented evidence that raised a fact issue on the challenged elements of their cause of action. Based upon the rationale expressed herein, we affirm.

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