Marek v. Tomoco Equipment Co.

OPINION

SEARS, Justice.

This is an appeal from a summary judgment granted in favor of Appellee in Appellant’s personal injury suit. We hold there is no summary judgment evidence that the hole into which Appellant fell was the same trench dug by Appellee. Therefore, we affirm.

On July 8, 1983, Appellant rode his bicycle into an unmarked and unbarricaded trench in the street. Appellant sued the City of Friendswood, Mr. Tracy Spears, the general contractor of a house under construction and Appellee, the subcontractor hired to install a line from the city sewer to the house.

Appellee filed a Motion…