Perez Ex Rel. Perez v. Hernandez

BARROW, Justice.

This suit was filed by Jesus R. Perez, as next friend of Pete Perez, a minor, against David Hernandez, d/b/a Dave’s Used Cars, for damages for personal injuries. The defendant answered and thereafter the deposition of Pete Perez was taken, after which defendant filed his motion for summary judgment, based upon the pleadings, the deposition of Perez, and the affidavits of himself and two of his employees. The plaintiff filed no controverting affidavit. The trial court sustained the motion and rendered judgment for the defendant. This appeal is from that judgment.

It appears from…