Hyundai Motor Co. v. Alvarado

The issue in this case is whether a partial summary judgment survives a non-suit. We hold that when a defendant obtains a partial summary judgment on certain of the plaintiffs’ causes of action and the plaintiff thereafter moves for a nonsuit as to the whole case, that nonsuit results in a dismissal with prejudice as to the issues decided in the partial summary judgment.

In 1989, Mario and Fidel Alvarado were injured in a car accident involving a 1988 Hyundai Excel. They sued Hyundai Motor Company and others in Webb County, alleging several theories, including failure to equip the front seats…