Gray v. HEB Food Store 4

OPINION

SEERDEN, Chief Justice.

Appellant, Betty Gray, appeals from a summary judgment rendered in favor of ap-pellee, HEB Food Store #4. In a single point of error, appellant complains that the trial court erred in granting summary judgment. We affirm in part, and reverse and remand in part.

On November 14, 1994, Betty Gray was grocery shopping at appellee’s store. Upon completing her shopping, she went to pay for her groceries at a check-out operated by HEB checker Esmi Cantu. As this occurred, Yvette Rodriguez, an assistant service manager, approached the check-out counter and made several…